Filed Date: Sept. 30, 2025
Case Ongoing
Clearinghouse coding complete
This case challenged the Trump Administration Department of Education's decision to discontinue grants provided under the Higher Education Act of 1965.
On September 30, 2025, the Council for Opportunity in Education (COE) filed suit against the U.S. Department of Education (DOE) in U.S. District Court for the District of Columbia. COE is a membership organization consisting of colleges and non-profits that participate in the federal TRIO program. The TRIO programs were established in the 1960s to help provide access to higher education for low-income families. In the summer of 2025, dozens of COE members received Notices of Non-Continuation from DOE, informing them that their TRIO grants would be discontinued by September 30, 2025. The DOE informed the grantees that their projects were not in "the best interest of the Federal Government" because these programs conflicted with the President's executive order "prioritizing merit, fairness, and excellence in education" due to the grant applications using terms the Administration associates with diversity, equity, and inclusion (DEI) initiatives.
The plaintiff alleges that the DOE's actions are unlawful because (1) DOE did not follow grant termination procedures under Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972; (2) DOE did not engage in notice-and-comment rulemaking in changing the selection/continuation criteria for these grants; (3) DOE's actions were arbitrary and capricious because the DOE did not explain its reasoning for changing position from the preference priorities stated when the grantees applied for their grants; (4) DOE relied on impermissible factors in deciding to terminate the grants rather than evaluating the grantees' performance; (5) DOE's interpretation of the applicable regulations is unconstitutionally vague under the Fifth Amendment; (6) DOE has violated Separation of Powers and the Take Care Clause by not spending funds appropriated by Congress for TRIO programs.
The plaintiff sought declaratory relief and a preliminary injunction to set aside the Notices of Non-Continuation and to set the minimum award amount for its affected members at the funding level they received in 2024.
On November 10, 2025, the defendants filed a combined motion to dismiss and opposition to the preliminary injunction motion, arguing that: (1) the court lacked jurisdiction over these claims because the funds were already allocated, the plaintiffs did not have either associational or organizational standing, and this case belongs in the Court of Federal Claims because this is a contract dispute with the federal government; (2) the APA claims are unreviewable because there are alternative remedies available in the Court of Federal Claims and because this type of funding is committed to agency discretion by law; (3) the Constitutional claims are barred because these claims are statutory in nature; (4) the ultra vires claim fails because the plaintiffs can pursue their claims in the Court of Federal Claims and the DOE did not violate any clear and mandatory statutory commands; and (5) the mandamus claim fails because there's a remedy available in the Court of Federal Claims, plaintiffs did not show a right to relief, and did not identify a duty owed by the government. Lastly, DOE argued that the plaintiffs are not entitled to a preliminary injunction because they could not show a likelihood of success on the merits because they cannot establish jurisdiction, and could not show irreparable harm because the plaintiffs' existence is not threatened and thus the plaintiffs' harm can be remedied by an award of damages.
The case is before Judge Tanya S. Chutkan. This case remains ongoing.
Summary Authors
Claire Pollard (10/1/2025)
Bryan Waugh (12/1/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71506962/parties/council-for-opportunity-in-education-v-us-department-of-education/
Chutkan, Tanya Sue (District of Columbia)
Hargrove, Lorrie (District of Columbia)
Hill, Brandt P. (District of Columbia)
Graham-Oliver, Heather D. (District of Columbia)
Ireland, Kiel (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/71506962/council-for-opportunity-in-education-v-us-department-of-education/
Last updated Dec. 24, 2025, 2:15 a.m.
State / Territory:
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Sept. 30, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Membership organization comprised of over 1000 colleges, universities, community-based agencies and nonprofit organizations that participate in one or more TRIO program
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Department of Education (Washington D.C., District of Columbia), Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Constitutional Clause(s):
Other Dockets:
District of District of Columbia 1:25-cv-03514
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.: