Published 6/24/2025
Loper Bright Enterprises V. Raimondo
In 2024, the Supreme Court case Loper Bright Enterprises v. Raimondo changed the way that courts have to consider regulations posed by governmental agencies, like the Department of Education.
Previously, courts had to interpret regulations from governmental agencies as if those regulations were speaking for Congress. With the Loper decision, the Supreme Court overturned this precedent, and now these regulations can be changed based on what a court determines Congress intended at the time of passing that law.
This could potentially impact laws with regulations like the Individuals with Disabilities Education Act (IDEA). The IDEA has federal regulations in place that establish timelines, outline components of an appropriate disability evaluation, and require periodic re-evaluations from the district.
The Loper decision opens the door for future litigation that could change or do away with these guidelines completely. Should this occur, states and/or judicial circuits would have discretion in creating their own IDEA or Section 504 guidance regulations.
Texas V. Kennedy
This lawsuit (originally Texas v. Beccera), filed on behalf of Texas and 16 other states, challenged the U.S. Department of Health and Human Services’ (HHS) updated Section 504 regulations. In a Joint Status Report filed with the court, the plaintiff states clarified that they are not seeking any ruling that would declare Section 504 of the Rehabilitation Act unconstitutional or block its enforcement by HHS. While the constitutional claim has been dropped, the lawsuit continues. The remaining legal questions focus on how HHS crafted its 2024 updates to the Section 504 regulation, particularly how these updates apply in practice to public programs, digital services, and healthcare settings.
Carter vs. The U.S. Department of Education
Carter v. U.S. Dept. of Ed was filed by families and COPPA to challenge the dismantling of the Department of Education. Following an executive order, many staff members of the Department of Education and the Office of Civil Rights (OCR) were let go. The OCR’s main function is to investigate claims of discrimination, and many of these cases are on behalf of students with disabilities experiencing discrimination in education. Since the cut in staff, many cases have not moved forward in a timely fashion, and advocates are concerned that due process protections are now at risk.
State of New York vs. McMahon
This lawsuit was filed to stop the dismantling of the Department of Education. On May 25th, 2025, a preliminary injunction was ordered to return the Department of Education to its status before the January executive order, and to reinstate staff. As of Friday, June 6th, the federal government filed an Application to Stay the Injunction to the U.S. Supreme Court. A decision on the Application is pending.
For Further Reading:
Education Week: See All the Lawsuits Filed Over Trump’s Education Policies
