The Trump administration could jumpstart the closure of the Education Department via an executive order President Donald Trump could sign within a matter of days, multiple news outlets reported, beginning the process for fulfilling Trump’s promises to shutter the agency amid decades-long criticism from Republicans that it’s a symbol of bureaucratic excess—though Democratic opposition could freeze the effort in Congress.
Education Secretary Linda McMahon testifies at a Senate Health, Education, Labor, and Pensions … [+] Hearing on February 13, 2025 in Washington, D.C. (Photo by Ricky Carioti/The Washington Post via Getty Images)
The Washington Post via Getty Images
Key Facts
The order instructs newly minted Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Education Department” in line with “the maximum extent appropriate and permitted by law,” according to the Wall Street Journal, citing a draft.
Describing the agency as having a “federal bureaucratic hold on education,” the order calls for “the Department of Education’s main functions” to “be returned to the states,” echoing Republicans’ calls that public education programs and funding should be decided at the state level, ABC News reported, citing unnamed sources familiar with the draft.
The reported directive comes after McMahon sent a message to staff on Monday, shortly after she was sworn in, detailing plans for “accomplishing the elimination of bureaucratic bloat here at the Department of Education,” what she called “a momentous final mission,” according to multiple reports.
McMahon warned the moves will “profoundly impact staff, budgets, and agency operations.”
Multiple outlets, including the Journal, Washington Post and New York Times, cited unnamed sources who said it could be signed as soon as Thursday, though CNN reports the timing isn’t finalized.
The draft viewed by the Journal was reportedly labeled as “pre-decisional.”
White House did not confirm timing when asked about the order by Forbes.
Is Eliminating The Education Department Legal?
It likely requires congressional approval as the agency was created by statute under President Jimmy Carter in 1979 and its functions are dictated by federal law, legal experts have said. McMahon acknowledged in her Senate confirmation hearing the process of dismantling the agency would require congressional action. In order to pass the Senate, seven Democrats would have to vote with all Republicans to break the 60-vote filibuster threshold, an unlikely scenario as Democrats are broadly opposed to the move.
What Does The Department Of Education Do?
Federal dollars account for about 10% of public school funding, including through Title I programming for low-income school districts, while the rest is paid for by state and local governments. The agency is prohibited from dictating academic standards or instruction in schools. In addition to managing the federal student loan program and sending money to low-income schools, the agency’s Office of Civil Rights enforces federal civil rights laws. The department has about 4,500 employees, making it the smallest cabinet-level agency, according to the Journal.
What Would Happen To Federal Student Loans If The Education Department Is Shut Down?
The agency’s $1.6 trillion federal student loan program that offers aid to qualifying college students would likely be shifted to another agency, a move that would also require Congress’ sign off. Some conservatives have suggested moving the student loan program to the Treasury Department, a provision included in a House bill to shutter the agency brought by Rep. Tom Massie, R-Ky., last month. Project 2025, the conservative plan for a second Trump presidency that’s been closely aligned with his agenda, also calls for moving student loans to the Treasury Department before eventually privatizing the system.
What Would Happen To Other Programs Managed By The Agency?
Project 2025 suggests transferring Title I to the Department of Health and Human Services and administering the program via block grants before phasing the program out to individual states over a 10-year period. The Office of Civil Rights would be moved to the Department of Justice under the Project 2025 proposal. Trump hasn’t publicly commented on any of the plans for shifting the agencies’ responsibilities.
What Has The Trump Administration Done To The Education Department So Far?
Dozens of probationary staffers have been laid off as part of efforts led by Elon Musk’s Department of Government Efficiency to drastically reduce the size of the federal workforce. The agency also offered $25,000 buyouts to most of its employees last week to resign ahead of what it said would be “a very significant Reduction in Force,” Politico reported. Trump also signed an executive order in January aimed at eliminating federal funding for schools that teach or promote “gender ideology and discriminatory equity ideology.”
What Programs Would Be Protected?
McMahon said during her Senate confirmation hearing Title I funding given to low-income schools, funding administered to students with disabilities via the Individuals with Disabilities Education Act and Pell grants that help low-income students pay for college would be protected.
What Has Trump Said About The Department Of Education?
He called it a “big con job” and for it to be “closed immediately” in February and has said McMahon wants “to put herself out of a job.” At a September campaign rally in Wisconsin, Trump vowed to “drain the education swamp and stop the abuse of your taxpayer dollars to indoctrinate America’s youth.”
How Have Critics Responded To The Proposed Closure Of The Agency?
Most have expressed outrage, pointing out Trump can’t make the move without congressional approval and noting the plan’s parallels with Project 2025. Sen. Kristen Gillibrand, D-N.Y., warned in a press conference alongside Gov. Kathy Hochul earlier this year the move could “jeopardize thousands of New York jobs, and billions of dollars in federal funding for New York’s kids, teachers, families and schools,” calling the proposal “illegal” and “unconstitutional.” American Federation of Teachers union President Randi Weingarten vowed in a statement to “fight [the Trump administration] tooth and nail” over its attempt to close the agency in a statement noting the federal government is “legally required” to distribute funding to schools. Rep. Dan Goldman, D-N.Y., told CNN Thursday the move demonstrates Trump’s “disdain for public education” and “special programs that are essential for so many Americans to use and learn.”
Further Reading
Trump Threatens Funding Cuts For K-12 Schools That Teach Gender Ideology And Critical Race Theory (Forbes)
