LDF Sues U.S. Department of Education on Behalf of Education Research Organizations Over Discontinuation of Critical Demographic Data Collection

Read a PDF of our statement here.

Today, the Legal Defense Fund (LDF) filed a federal lawsuit in the U.S. District Court for the District of Columbia on behalf of the National Academy of Education (NAEd) and National Council on Measurement in Education (NCME), two education research organizations, challenging the U.S. Department of Education's decision to no longer collect, maintain, analyze, and disseminate federal educational data. LDF, NAEd, and NCME allege that the Department of Education's actions violate the Department's legal obligations and have undermined researchers' and state and local governments' efforts to track and advance equal access to education nationwide.

The lawsuit responds to a series of recent actions by the Department of Education to dismantle itself and its research centers and undermine federal research laws, including: a reduction in force within key education data offices; the restriction of public access to existing datasets; and the vast and abrupt termination of longstanding contracts within the Institute of Education Sciences (IES) and National Center for Education Statistics (NCES).

The lawsuit argues that the federal agency's actions constitute a direct violation of the Education Sciences Reform Act (ESRA), which requires the agency to maintain the IES, its research centers, including NCES, and ensure the availability of independent, comprehensive, and scientifically-valid education data. The lawsuit further argues that the federal agency lacks the authority to abdicate these duties, which are statutorily mandated by Congress. The plaintiff organizations, comprised of various education scholars and research and measurement experts, argue that these actions curtail their ability to access critical data available through the Department of Education and its research centers. As a result, the plaintiffs will not be able to study the educational outcomes of Black, Native, Indigenous, and Latino students; students with disabilities; English language learners or multilingual learners; and socioeconomically disadvantaged students - key research that is needed to ensure students can receive equal access and opportunity in education.

"The systematic collection of educational data serves the essential purpose of not only identifying educational inequality but also providing the research base for policies and practices to address this inequality and ensure that all students have access to supportive, meaningful, and effective learning environments," said Carol Lee, NAEd President. "The NAEd is committed to ensuring that this Congressionally mandated data continues to be collected, supported, and used for these critical purposes."

"The law requires not only data access but data quality," said Andrew Ho, President of the National Council on Measurement in Education. "For 88 years, our organization has upheld standards for valid measurements and the research that depends on these measurements. We do so again today."

"The U.S. Department of Education has a legal obligation to create, maintain, and distribute educational datasets. This data is both critical to compliance with ESRA and other federal law, and essential to understanding, tracking, and promoting educational opportunity for Black and other marginalized students," said Allison Scharfstein, an Education Fellow at the Legal Defense Fund. "We are proud to represent NAEd and NCME who are standing up not only for the integrity of education data, but for the rights of every student whose opportunity depends on it."

The plaintiffs are requesting immediate relief from the court, including to reinstate the IES and NCES employee positions and contracts; and to enjoin the federal agency from failing to preserve datasets.

Read the lawsuit here.

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Founded in 1940, the Legal Defense Fund (LDF) is the nation's first civil rights law organization. LDF's Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957-although LDF was originally founded by the NAACP and shares its commitment to equal rights.