NCLD Leads Lawsuit to Protect Special Education Research Funding

Jul 21, 2026

Protect Democracy and Jacobson Lawyers Group have filed a lawsuit on behalf of the National Center for Learning Disabilities (NCLD), the Massachusetts Teachers Association, and other organizations challenging actions by the Office of Management and Budget (OMB), the Department of Education, and senior federal officials for withholding hundreds of millions of dollars appropriated by Congress for education research, data collection, technical assistance, and program evaluation. The plaintiffs argue that the Constitution gives Congress—not the executive branch—the authority to determine federal spending and that delaying or withholding these funds unlawfully undermines programs administered through the Institute of Education Sciences (IES). According to the lawsuit, the funding delays reduce the research, evidence, and technical support available to states, school districts, educators, and families, ultimately affecting equitable access for students with disabilities. The suit alleges violations of federal appropriations law, the Antideficiency Act, and the Constitutional separation of powers, and seeks to compel the release and obligation of the appropriated funds as required by law.

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