LAS VEGAS (KTNV) — Attorney General Aaron Ford said Friday that President Donald Trump can't unilaterally dismantle the U.S. Department of Education, and he pledged to see the administration in court over the issue.
Ford has joined Nevada in a lawsuit filed by New York and 18 other states and the District of Columbia that seeks to stop Trump from carrying out his March 20 executive order calling for an end to the federal agency.
Find out why 20 states plus the District of Columbia are suing Trump here
The 53-page complaint contends that because Congress created the Department of Education in 1979, it can't be erased without an act of Congress. And it contends that dismissing a large number of department employees will make it impossible to carry out its constitutionally mandated mission.
"This lawsuit isn't about red tape, it's about real life," Ford said. "And the consequences for Nevada families are devastating if we don't fight back. This lawsuit isn't just about legal precedent, it's about the real consequences for families in the Silver State if we don't fight back."
Nevada prepares for nixing of federal Department of Education
In the last five years alone, Nevada has received nearly $6 billion in education funding, including Pell grants, $38 million in career and technical education funds, $315 million for special education services for nearly 60,000 students who have disabilities and $3.5 million to educate homeless youth, Ford said.
"You take that away, you are not just shrinking government, you are gutting opportunities for students across the state," Ford said. "You're pulling the rug out from under the kids who need help the most."
Ford's position is a strong contrast to that of incumbent Republican Gov. Joe Lombardo, who penned an op-ed on the Brietbart website March 20 that embraced Trump's call to end the federal education department. (Ford has announced he's running against Lombardo for governor in 2026.)
"With his Executive Order, President Trump had boldly reimagined what education can — and should — look like in our community," Lombardo wrote. "Funding for the Department of Education has more than doubled since 1980 — yet billions more in funding hasn't contributed to better education results. In fact, it's done the opposite.
"That's why I support President Trump's proposal to return control of our education system to the states, where it belongs. The role of government should be to empower, not overregulate, and this move will allow for a more localized, innovative and accountable approach to education that truly serves the needs of our students, families and educators."
But Mater Academy teacher Tillie Torres, who joined Ford at his news conference, said education funding is essential for her work with students. That includes an interventionist, who works with special needs students one-on-one, and a special education facilitator.
"I don't know what that would mean for my juniors and seniors, if either of these things went away," she said. "There is no way I could do the magic that I do in my classroom without my interventionist and my special ed support It just wouldn't be possible."
Trump signs executive order to begin 'eliminating' the Department of Education
A request for comment from Lombardo's office wasn't immediately returned.
Nevada's Solicitor General Heidi Parry Stern — who argues the state's cases in court — said the issue boils down to separation of powers. Although the Education Department exists in the executive branch, and its leaders are appointed by the president, it was created and is funded by Congress.
"The president does not have the authority to usurp the powers of Congress," Stern said. "He violates his presidential duty to take care of obeying and enforcing the statutes of our country when he acts outside of those laws and refuses to follow the laws passed by Congress pursuant to federal law. The secretary of the Department of Education has no authority to conduct mass terminations in the manner that she has with the goal of dismantling the entire Department of Education."
The department announced on March 11 that it had initiated a 50% reduction in its workforce, which Education Secretary Linda McMahon called "...a significant step toward restoring the greatness of the United States education system."
Ford acknowledges that Congress could decide to eliminate the department if lawmakers wished but said it was telling that the president has not tried to get a bill passed.
"Mr. Trump could do a lot of things he wants to do if he were to simply follow the law, and the law would require him going to Congress and asking Congress to dismantle a duly enacted and duly created Department of Education," Ford said. "He won't do that because, by all accounts, he doesn't have the votes in order to be able to get that done. And so he's trying to do this by executive fiat, which is unlawful."
There is a bill in Congress by Rep. Barry Moore, R-Ala., to eliminate the department, but it has not moved since being introduced and referred to the House Committee on Education the Workforce back in February 2023. Even if a bill could pass the House, it would face opposition and a likely filibuster in the Senate.
A hearing on a request for a preliminary injunction in the lawsuit is scheduled for April 25.
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