Can an Executive Order Shut Down the Department of Education?
President Donald Trump is considering dismantling the Department of Education (DOE) through executive order. However, officially abolishing it will likely require Congressional approval. The DOE provides federal funding to K-12 schools, student loans, and college financial aid programs such as Pell Grants.
The draft of President Trump’s executive order, as reported by the Wall Street Journal, directs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Education Department."
His executive action stems from one of his campaign promises to put the “Secretary of Education out of a job.” However, during her confirmation hearings last month, even McMahon recognized that only Congress has the power to eliminate the federal department.
What Is the Department of Education?
The Department of Education is a federal agency tasked with ensuring that everyone has equal access to education and protecting the constitutional rights of teachers and students. It oversees Title I programs, which provide financial assistance to school districts with low-income students. It also gives grants to states to support free public-school education to students with disabilities under the Individuals with Disabilities Education Act (IDEA). Finally, it administers federal student loans for higher education.
The DOE was created by an act of Congress to coordinate federal education programs with state and local education programs and provide support to states.
Lawmakers wanted to consolidate education-related responsibilities from different federal agencies, such as the Department of the Interior and what is now the Health and Human Services (HHS) department, into one federal agency.
President Jimmy Carter signed the Department of Education Organization Act establishing the U.S. Department of Education in 1979.
What Is an Executive Order?
An executive order is a written directive from the President for the government to take a particular action to uphold laws.
Article II, Section I of the Constitution vests executive power in the President of the United States. Under Section III, the President “shall take Care that the Laws be faithfully executed.” This “take care” clause is interpreted to mean the President has power over federal agencies.
However, due to the separation of powers, an executive order may be limited by the judiciary (the Supreme Court) and the legislative branch (the House and Senate). The Supreme Court can declare the executive order unconstitutional if it violates existing laws or the Constitution. Congress can pass laws to limit or oppose the executive order.
Is the DOE Doomed?
If Congress were to eliminate the Department of Education, the power would go back to the states. Certain responsibilities, such as overseeing student loans, might go to other federal departments such as the Department of the Treasury. However, the states can’t create education policies that violate federal laws or eliminate protections for students with disabilities.
Proponents of the Department of Education’s “final mission” believe it will give parents more power to make educational decisions for their children. Critics worry that this will adversely impact low-income student populations and special education programs.
For the Department of Education to cease to exist, Congress would have to agree to it. While Trump’s order may be popular among his base, Congress may not agree to eliminate it. Ending the Department of Education would require a filibuster-proof, 60-vote majority in the Senate. Senators have both Republican and Democrat constituents who worry about the threat to special education programs, money for schools in low-income districts, and student financial aid if the federal government does not have oversight.
There is also speculation that Trump may not sign the executive order, fearing a hostile reception. What may have a more significant impact on the future of the DOE is the potential threats to the federal agency coming from Elon Musk’s Department of Government Efficiency (DOGE) and the Trump Administration. The department offered employees early retirement packages, terminated probationary employees, and canceled contracts. Reducing the workforce and funding are other moves that could significantly impede the agency’s ability to operate.
Related Resources
- The Roles of Federal and State Governments in Education (Learn About the Law - Education Law)
- What Are Executive Orders? What Are Their Limits? (FindLaw Law and Daily Life)
- What Is the Unitary Executive Theory? (FindLaw Law and Daily Life)
