Protect Democracy, Jacobson Lawyers Group, NCLD, and Key Education Stakeholders Seek Summary Judgment in Lawsuit Over Withheld Education Funds
WASHINGTON, DC — August 14, 2026 — The National Center for Learning Disabilities (NCLD) and fellow plaintiffs have filed a motion for summary judgment in their lawsuit challenging the Office of Management and Budget’s withholding of hundreds of millions of dollars Congress appropriated for education research, data collection, special education studies, and school-support programs.
The lawsuit, filed in June by Protect Democracy and Jacobson Lawyers Group on behalf of NCLD and other education stakeholders, challenges actions by the Office of Management and Budget (OMB), OMB Director Russell Vought, the Department of Education, Secretary of Education Linda McMahon, and Acting Director of the Institute of Education Sciences (IES) Matthew Soldner that have prevented congressionally appropriated education funds from being made available as required by law.
The plaintiffs’ motion asks the Court to resolve the case as a matter of law. At the center of the case is a fundamental constitutional principle: Congress controls federal spending, and the executive branch must carry out the spending laws Congress enacts. OMB’s apportionment delays and conditions have continued to hold up funding intended to support education research, data, and programs relied upon by students, educators, researchers, states, and school districts.
“Congress appropriated these funds for a reason, and continued delays have real consequences for students and schools,” said Dr. Jacqueline Rodriguez, CEO, National Center for Learning Disabilities. “We need to see the funds actually made available and obligated. Announcing future grant competitions is not the same as ensuring that Congress’s funding reaches the research, data, and programs students with disabilities rely on.”
NCLD and its fellow plaintiffs maintain that the record supports summary judgment as a matter of law and look forward to the Court’s review.