U.S. President Donald Trump is set to sign a highly anticipated executive order on Thursday aimed at dismantling the Department of Education, fulfilling a key campaign pledge, according to a White House summary obtained by Reuters.
Even before the order is signed, a coalition of Democratic state attorneys general has filed a lawsuit to block the move, arguing that it violates the U.S. Constitution. The lawsuit also seeks to prevent the layoffs of nearly half of the department’s staff, which were announced last week.
The NAACP, a prominent civil rights organization, condemned the proposed order as unconstitutional. “This is a dark day for the millions of American children who depend on federal funding for a quality education, including those in poor and rural communities with parents who voted for Trump,” said NAACP President Derrick Johnson.
Trump, along with his billionaire adviser Elon Musk, has previously attempted to eliminate government agencies like the U.S. Agency for International Development without congressional approval. However, the Department of Education would be the first cabinet-level agency Trump has actively tried to dismantle.
Shutting down the Department of Education would require congressional legislation, which presents a significant challenge. Although Republicans hold a 53-47 majority in the Senate, passing such a bill would require 60 votes, meaning the support of at least seven Democrats. So far, Senate Democrats have shown no signs of supporting the proposal.
“Trump and Musk are taking a wrecking ball to the Department of Education and firing half its staff,” said Democratic Senator Patty Murray, vowing to fight what she called their “slash and burn campaign.”
The executive order 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 ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
The order also states that any programs or activities receiving remaining Department of Education funds should not “advance DEI (Diversity, Equity, and Inclusion) or gender ideology,” according to the White House summary.
Trump has long been a vocal critic of the Department of Education, describing it as “a big con job.” He previously proposed shutting it down during his first term, but Congress did not act on the suggestion.
Last month, Trump reiterated his desire to close the department immediately but acknowledged the need for cooperation from Congress and teachers’ unions. “Federal government control of education has failed students, parents, and teachers,” the White House said. It added that the department has spent over $3 trillion since its creation in 1979 without improving student achievement based on standardized test scores.
Before the Department of Education was established, education was part of the U.S. Department of Health, Education, and Welfare, which operated from 1953 to 1979.
During an interview on SiriusXM’s “The David Webb Show,” Secretary McMahon defended the administration’s move, stating that the department’s purpose is to foster innovation and encourage best practices at the state level.
“The Department of Education doesn’t educate anyone. It doesn’t hire teachers. It doesn’t establish curriculum. It doesn’t hire school boards or superintendents,” McMahon said.
Critics argue that eliminating the department would severely impact public education standards, disrupt billions of dollars in aid to K-12 schools, and hinder tuition assistance programs for college students.
McMahon, co-founder and former CEO of the WWE professional wrestling franchise, who was confirmed by the Senate on March 3, insisted that federal school funding allocated by Congress to assist low-income school districts and students would continue.
A source familiar with the executive order clarified that essential services such as student loans and services for children with disabilities, which are protected by law, would not be affected.
The Department of Education currently oversees about 100,000 public schools and 34,000 private schools across the United States, although more than 85% of public school funding comes from state and local governments. It also manages $1.6 trillion in student loans, held by millions of Americans who cannot afford college tuition.
Legal Challenge
Attorneys general from 20 states and the District of Columbia filed a lawsuit in federal court in Boston last week, challenging the department’s announced plans to lay off more than 1,300 employees as part of the agency’s “final mission.”
The proposed job cuts would reduce the department’s workforce from 4,133 to 2,183 employees. The lawsuit argues that the drastic reduction would render the agency unable to perform essential functions authorized by statute, particularly in the civil rights arena, effectively violating Congress’ authority.
The complaint further claims that Secretary McMahon “is not permitted to eliminate or disrupt functions required by statute, nor can she transfer the department’s responsibilities to another agency outside of its statutory authorization.”
The legal battle is expected to intensify as the administration pushes forward with its plan to eliminate the Department of Education.
