Trump Plans To Sign Executive Order Today Dismantling Education Department

Topline

President Donald Trump will likely sign an executive order Thursday to dismantle the Department of Education, according to multiple reports, after earlier moves by Trump to overhaul the department and calls to shutter the agency—though eliminating the department will likely require congressional approval.

Key Facts

Trump is expected to sign an executive order directing Education Secretary Linda McMahon to take steps to close the Education Department and “return education authority to the states,” according to a White House fact sheet obtained by Bloomberg.

The order targets “regulations and paperwork” required by the Education Department that require officials to divert the agency’s “time and attention from schools’ primary role of teaching,” while calling for the “uninterrupted delivery” of “services, programs and benefits on which Americans rely,” USA Today reported.

Federal funding for students with disabilities, funding for low-income schools and federal student loan payments will be unchanged under the order, a White House official told USA Today, adding McMahon will create a plan to bring federal funds “closer to states, localities and more importantly, students.”

Under the order, federal funding will be cut for any program that advances diversity, equity and inclusion efforts.

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Can Trump Eliminate The Education Department?

An executive order to dismantle the Education Department will likely require congressional approval to be carried out, as the agency—created under President Jimmy Carter in 1979—and its functions are dictated by federal law, legal experts said. McMahon also acknowledged during her Senate confirmation hearing a process to dismantle the agency would require congressional action.

Key Background

In the lead-up to the presidential election, Trump signaled plans to dismantle the Education Department. Last month, Trump called the agency a “big con job” and called for it to be “closed immediately” after suggesting McMahon wanted to “put herself out of a job.” Previously, Trump claimed he wanted to “drain the education swamp” and stop the “abuse of your taxpayer dollars to indoctrinate America’s youth.” The Education Department announced earlier this month it would cut its 4,000-person workforce in half, with 600 employees accepting voluntary resignation packages and remaining employees who are being laid off expected to be placed on administrative leave starting Friday. Earlier reports indicated Trump would sign an executive order instructing McMahon to “take all necessary steps to facilitate the closure” of the Education Department while calling for the agency’s “main functions” to be “returned to the states.” Some 21 state attorneys general sued the Trump administration over the Education Department’s firings, arguing McMahon does not have the authority to eliminate or remove programs created by statute.

Further Reading

21 Democratic Attorneys Sue Trump Administration Over Education Department Cuts (Forbes)