Trump Initiates Efforts to Scale Down Department of Education, Setting Stage for Legal Battles and Congressional Scrutiny
President Donald Trump has signed an executive order aimed at significantly scaling down the Department of Education, a move that is expected to trigger legal challenges and necessitate congressional approval. The directive aligns with Trump’s long-standing goal to reduce the federal government’s influence over education, a theme he has consistently emphasized since his initial campaign.
Trump has expressed concerns about the use of taxpayer dollars for what he perceives as indoctrination, stating his desire to return greater control over education to families. "Everybody knows its right, and we have to get our children educated," Trump said Thursday. "We’re not doing well with the world of education in this country, and we haven’t for a long time."
According to a White House fact sheet, the executive order seeks to "turn over education to families instead of bureaucracies" and directs Education Secretary Linda McMahon to "take all necessary steps to facilitate the closure of the Department of Education and return education authority to the States, while continuing to ensure the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely."
White House press secretary Karoline Leavitt clarified that the executive order would not entirely shutter the agency but would "greatly minimize" it. She assured that the remaining agency would continue to oversee Pell Grants and student loans, which provide financial aid for undergraduate students. "It’s not going to be shut down," Leavitt said. "Pell Grants and student loans will still be run out of the department in Washington, D.C., but the great responsibility of educating our nations students will return to the states."
Trump further stated that programs providing resources for children with special needs would be preserved in full and redistributed to other agencies and departments. "They’re going to be preserved in full and redistributed to various other agencies and departments that will take very good care of them," Trump said.
The executive order comes amid declining public satisfaction with the quality of education in the United States. A recent Gallup Poll revealed that only 24% of Americans are satisfied with the state of education as of January 2025, compared to 37% in January 2017. The White House has criticized the state of U.S. education, citing declining test scores as evidence of the need for reform.
The White House has specifically pointed to the "Nation’s Report Card," the 2024 National Assessment of Educational Progress (NAEP), which indicated stagnant math scores for eighth graders and a decline in reading scores at both fourth and eighth grade levels.
Trump has suggested that shifting control of education to the states would allow for improvements comparable to those seen in countries like Norway, Denmark, and Sweden. He acknowledged that some states may lag behind in implementing these changes, but expressed confidence that they could be supported in their efforts.
The Department of Education, established in 1979, aims to improve coordination of federal education programs and support state and local school systems. It also oversees student loans, financial aid programs, and nondiscrimination policies.
Eliminating the agency would require congressional approval under Article II of the U.S. Constitution. The measure would need 60 votes to pass in the Senate, where Republicans currently hold 53 seats. Rep. Thomas Massie has suggested using the budget reconciliation process, which would require only 51 votes. Sen. Bill Cassidy has voiced support for legislation to abolish the Department of Education.
Secretary McMahon reassured that overhauling the agency would not result in cutting off funds for those who depend on them. "We’re going to follow the law and eliminate the bureaucracy responsibly by working through Congress to ensure a lawful and orderly transition," McMahon said. The Department of Education has already unveiled plans to reduce its staff by half.
Critics of the move, such as National Education Association President Becky Pringle, have cautioned that it could lead to increased costs for families, reduced job training programs, more expensive higher education, and the removal of special education services for students with disabilities. The American Federation of Teachers has urged Congress to oppose any executive orders to dismantle the agency.
American Federation of Teachers President Randi Weingarten has announced that the union will challenge the order in court. Sen. Minority Leader Chuck Schumer has urged the courts to block Trump’s efforts to disband the department, describing the move as "one of the most destructive and devastating steps" Trump has ever taken.
Legal actions opposing Trump’s proposed moves are already underway. Attorneys general from 21 states filed a complaint with the U.S. District Court for the District of Massachusetts after layoffs at the agency, arguing that the efforts to dismantle the agency are "an unlawful violation of the separation of powers, and the Executive’s obligation to take care that the law be faithfully executed."