President Donald Trump is preparing to issue an executive order directing Education Secretary Linda McMahon to begin shutting down the U.S. Department of Education.
According to White House officials, the order instructs McMahon to take all necessary steps to dismantle the department while staying within the limits of the law.
However, since Congress created the department in 1979, only Congress has the authority to eliminate it.
This means that while Trump’s order can begin the process, it cannot fully shut down the department without congressional approval.
The Department of Education oversees federal student loan programs, enforces civil rights laws in schools, distributes financial aid, and funds education research.
It administers approximately $102 billion annually, which accounts for less than 10% of public school funding nationwide.
Most education funding comes from state and local governments, but federal funds support programs for low-income students, students with disabilities, and college financial aid recipients.
Trump has long supported the idea of shrinking the federal government’s involvement in education.
On the campaign trail, he repeatedly called for shutting down the department, arguing that state and local governments should control education.
He claims the federal government imposes unnecessary regulations on schools and lets left-wing political ideas affect education.
His administration argues that shutting down the department would simplify government functions and give decision-making power back to local authorities.
The draft executive order states that federal control over education has failed to improve student outcomes and has burdened teachers with excessive regulations.
It orders McMahon to “facilitate the closure of the Education Department to the maximum extent appropriate and permitted by law.”
It also suggests that the department’s current responsibilities, such as student loan management, could be transferred to other federal agencies, including the Treasury Department, the Small Business Administration, or the Commerce Department.
Despite Trump’s push to eliminate the department, there is strong opposition from Democrats and some Republicans.
Representative Madeleine Dean, a Democrat from Pennsylvania, criticized Trump’s plan, calling it a deliberate effort to weaken public education.
She pointed to Project 2025, a conservative policy blueprint for Trump’s second term, which explicitly calls for eliminating the department.
Dean argued that shutting down the department would be especially harmful to students in low-income communities who rely on federal education programs.
Senator Susan Collins, a Republican from Maine who chairs the Senate Appropriations Committee, also expressed concerns.
She pointed out how it helps pay for programs that support students with disabilities and those from low-income families.
While she acknowledged that some programs could be reviewed or reorganized, she stated that abolishing the department entirely would be a mistake.
Senator Bill Cassidy, a Republican from Louisiana who chairs the Senate committee that oversees education, said he supports giving states more control over education but wants more details on what Trump’s plan to “wind down” the department would involve.
Trump, nonetheless, remains committed to moving forward.
When reporters in the Oval Office asked if he was reconsidering his decision, he firmly responded, “No, no, no.”
He explained that he wants states to take full control over education, arguing that state and local governments are better equipped to run schools.
“We’re trying to get the schools back into the states. Let the states run the schools,” Trump said.
One of the biggest logistical challenges is what would happen to federal student loans if the department is eliminated.
Trump has suggested transferring the management of student loan programs to other agencies, but restructuring a department of this size is a complex process that could take years.
The department currently oversees $1.6 trillion in student loan debt through federal programs like Pell Grants and Direct Loans.
Without a clear transition plan, millions of students could face disruptions in financial aid.
Education Secretary Linda McMahon, who was confirmed on Monday, has fully embraced Trump’s plan.
In her first official memo to department employees, titled Our Department’s Final Mission, she urged staff to assist in executing what she called a “historic opportunity” to return control of education to local communities.
McMahon stated that the department has received over $1 trillion in federal funding since its creation but has not significantly improved student performance.
She argued that federal regulations have made it more difficult for teachers to do their jobs and that the current system forces students into debt without preparing them for high-paying careers.
McMahon outlined three priorities for the department under her leadership:
- Parents should have the final say in their children’s education
- Schools should focus on core subjects like math, reading, science, and history rather than political topics
- Higher education should be restructured to focus more on preparing students for careers
She claimed that millions of students are trapped in failing schools and that many teachers are leaving the profession due to excessive government regulations.
While Trump is eager to sign the order, it remains unclear when that will happen.
White House Press Secretary Karoline Leavitt denied reports that Trump planned to sign the order on Thursday, calling the reports “more fake news,” but Trump has made it clear that he intends to proceed.
Even if Trump signs the order, completely shutting down the department would be difficult.
Because Congress established the department through legislation, it would take an act of Congress to dismantle it.
With Democrats controlling the Senate and some Republicans expressing skepticism, Trump may struggle to get the necessary votes.
If Congress rejects the proposal, the department’s responsibilities could be transferred to other agencies, but the core functions of the department would likely remain in place.
