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For decades, the Republican Party has sought to shutter the federal Department of Education, arguing that education policy should be left to the states. Now, President Donald Trump has signed an executive order calling on his Education secretary to begin doing so — but fully closing the agency will require an act of Congress. The long-awaited move will face extensive legal challenges as the president continues to test the extent of his executive power. Here’s what we know about Trump and his allies’ ongoing efforts to kill the ED.
What does Trump’s executive order say?
President Trump’s March 20 executive order says Education Secretary Linda McMahon “shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
In other words, it says that McMahon should do everything she can to dismantle the the agency without breaking federal laws, which includes eliminating any ED functions required by law. Trump said that as part of his effort to close the agency, critical functions such as administering federal student aid (loans and grants) and funding for students with disabilities would be transferred to other agencies. For now, however, the ED will continue to run those programs as the law requires.
Why does Trump want to close the Department of Education?
For years, Trump has signaled his intent to severely curtail federal involvement in education, specifically targeting this department. In his first term, the president even proposed merging the agency with the Department of Labor, a drastic suggestion that ultimately went nowhere. His administration has argued that the Department of Education has invested $3 trillion in schools nationwide since its formation in 1979 but that students’ test scores and proficiency in reading and mathematics have continued to trail behind other comparable nations.
Trump has taken aim at American education more generally since assuming office, vowing to remove DEI and other “woke” policies from schools and threatening to revoke federal funding from institutions that don’t comply with his agenda. The president made his goal of shuttering the Department of Education clear with his choice to lead the agency: Linda McMahon, a wrestling executive and longtime donor of Trump’s with minimal education credentials. “I told Linda, ‘Linda, I hope you do a great job and put yourself out of a job,’” Trump told reporters in February.
Trump reiterated his claims and complaints about the agency in his March 20 executive order.
Eliminating the ED is also a stated goal of Project 2025.
Can Trump legally close the ED with an executive order?
No, he cannot. Although Trump has vowed to shut down the agency completely, his presidential powers do not allow him to do so unilaterally. Like other federal agencies, the ED was established by an act of Congress, so only an act of Congress can eliminate it.
Will Congress eliminate the Department of Education?
Congressional Republicans say they are certainly going to try. Immediately after Trump signed his executive order, Louisiana senator Bill Cassidy said in a statement that he would submit legislation to shut down the ED “as soon as possible.” Ohio representative Michael Rulli made a similar announcement regarding the House.
There is, however, virtually no chance Senate Republicans will be able to gain enough support from Senate Democrats for the filibusterproof majority they would need to eliminate the agency.
What else is Trump doing to diminish the ED?
While he cannot legally shut down the agency, there are other ways Trump can undermine it — and those efforts are well underway. Just last week, the ED announced it intended to lay off more than 1,300 employees in addition to the 572 workers who previously accepted buyouts as well as 63 probationary employees who were fired since Trump took office. All told, the mass layoffs reduce the ED’s staff by almost half. And the cuts have hit the department’s Office for Civil Rights particularly hard.
The Trump administration has also terminated $600 million in federal grants awarded by the ED to teacher-training programs, though a federal judge has since ordered some of those grants restored.
What are the legal challenges to Trump’s ED plans?
Similar to the president’s other efforts to expand his executive powers, Trump’s attempt to eliminate the Department of Education through an executive order will face numerous legal challenges.
Randi Weingarten, the president of the American Federation of Teachers, made her opposition to Trump’s action clear and promised her union would pursue legal action. “See you in court,” she said in a brief statement. The AFT has already filed a lawsuit against the Trump administration for blocking access to income-driven repayment plans for student loans.
Last week, New York State attorney general Letitia James joined 20 other attorneys general in a lawsuit to stop the White House’s dismantling of the ED after the agency announced its plans to lay off a significant portion of its workforce.
