Trump Eyes Dismantling of Department of Education: A Complex Path Ahead

Former President Donald Trump is reportedly considering initiating the dismantling of the Department of Education through an executive order. While an executive order can significantly curtail the department’s influence and operations, officially abolishing the agency requires congressional approval.

According to a White House fact sheet, Trump intends to shift educational authority from federal bureaucracies to families. The potential executive order, anticipated to be signed as early as Thursday, represents a significant step towards diminishing the department’s role.

However, the Department of Education’s existence is enshrined in law, specifically the Department of Education Organization Act of 1979, signed by President Jimmy Carter. Therefore, outright abolishment necessitates congressional legislation that repeals the existing law.

Republicans, including former President Ronald Reagan, have long advocated for dismantling the Department of Education, arguing that educational decisions should be made at the state and local levels.

Rep. Thomas Massie (R-Ky.) reintroduced legislation in January aiming to terminate the department by December 31, 2026, highlighting the ongoing Republican effort to eliminate the agency.

Achieving this goal, however, faces substantial hurdles. Andrew Stoltmann, an attorney and law professor, emphasized that eliminating a federal department requires congressional action, including a supermajority of 60 votes in the Senate. This necessitates garnering support from some Democrats, a prospect Stoltmann deems "likely… impossible."

Jamie E. Wright, a political pundit and founder of the Wright Law Firm, also underscored the potential obstacles to passing such legislation. Success hinges on securing congressional backing for the president’s agenda, a challenge compounded by legislators who view the Department of Education as essential for ensuring consistent national educational guidelines and federal funding for education initiatives.

Trump, during his 2024 presidential campaign, pledged to close the department during his second term, even tapping Linda McMahon as Education Secretary with the explicit goal of "put[ting] herself out of a job." During her confirmation hearing in February, McMahon acknowledged the need for congressional approval to abolish the agency. She expressed a willingness to collaborate with Congress to develop a plan that senators and representatives could support, leading to a "better functioning Department of Education." This suggests a potential path towards reform or restructuring, rather than immediate abolition, with congressional input.

The Trump administration has already taken steps to reduce the department’s scope and influence. This includes cancelling hundreds of millions of dollars in grants funding diversity, equity, and inclusion initiatives in schools and reducing the department’s workforce by nearly half. These actions signal a clear intention to shrink the federal role in education.

Savannah Newhouse, a Department of Education spokesperson, emphasized that the president’s goal is to reduce federal bureaucracy and return education authority to the states, arguing that "dollars and decision-making should be closest to students." This sentiment aligns with the Republican philosophy of local control and limited federal government intervention.

The Department of Education currently oversees funding, manages student loans, provides financial aid, and enforces nondiscrimination policies in schools. However, most education decisions, including curriculum development and teacher pay, are made at the state and local levels.

Newhouse further clarified that the Department of Education does not control school curricula, decide teacher pay, set student aid eligibility or amounts, operate schools, or serve as the primary source of funding for schools. This statement aims to dispel misconceptions about the department’s role and emphasize the existing degree of state and local control.

The potential dismantling of the Department of Education raises significant questions about the future of education in the United States. Proponents of abolishment argue that it would empower states and localities to tailor education to their specific needs and priorities. Opponents contend that it would weaken national standards, exacerbate inequalities, and jeopardize federal funding for critical programs.

The debate over the Department of Education reflects a fundamental tension between federal oversight and local control in education. This tension is likely to intensify as Trump pursues his efforts to reshape the department’s role and potentially dismantle it altogether. The success of these efforts hinges on navigating the complex legislative process and securing the necessary congressional support, a task that promises to be challenging. The long-term implications for students, schools, and the nation as a whole remain to be seen.

The move also brings into question the Department’s widespread Civil Rights probe and how that might be affected. Should the agency be dissolved, these investigations and enforcement of existing Civil Rights laws might be left to the states.