President Trump Moves to Disband Agency, but Faces Major Legal Hurdles
President Donald Trump is exploring the possibility of issuing an executive order to shut down the US Department of Education, a long-standing objective among conservatives. The president aims to fulfill a campaign promise by ending certain programs currently under the department’s purview, while reallocating others to different government sectors. According to reports, Trump plans to instruct newly confirmed Education Secretary Linda McMahon to take all necessary actions to facilitate the closure of the department, as far as the law allows.
However, entirely abolishing the Department of Education would require congressional approval, which remains a significant obstacle. Established in 1979, the department is responsible for overseeing federal funding to public schools, administering student loans, and running various programs designed to support low-income students and those with disabilities. It also enforces civil rights laws to prevent discrimination in federally funded schools.
Trump and his supporters have criticised the department for what they perceive as indoctrination, accusing it of promoting racial, sexual, and political agendas that they believe are inappropriate for children. In December, Trump nominated Linda McMahon, the former CEO of World Wrestling Entertainment (WWE), to serve as the new Education Secretary, though her Senate confirmation hearing has yet to be scheduled.
Despite common misconceptions, the Department of Education does not set school curricula or operate public schools, which are primarily governed by state and local authorities. Its key responsibilities include managing student loan programs, administering Pell grants, and funding educational initiatives for students with disabilities or those living in poverty. The department’s budget for fiscal year 2024 stands at $238bn (£188bn), representing less than 2% of the total federal budget, with about 4,400 employees—making it the smallest cabinet-level department.
Can Trump succeed in shutting it down? On his own, no. To dismantle the department, Trump would need approval from Congress, including a supermajority of 60 votes in the Senate. The Republican Party currently holds a 53-47 majority, which means Trump would need at least seven Democrats to support his plan—a challenging political feat. Additionally, a previous vote to abolish the department in the House of Representatives failed, with 60 Republicans voting against it.
Despite these obstacles, Trump has continued to push for a reduction in government size, including efforts to shrink the federal workforce. While an earlier draft of his executive order acknowledged that Congress alone has the power to fully eliminate the department, it could pave the way for initiating its gradual dissolution through executive action.
The Republican desire to dismantle the Education Department has its roots in long-standing objections to centralising education policy. The belief that educational decisions should be made at the state and local levels has been a cornerstone of conservative thought. More recently, Republicans have accused the department of pushing what they view as “woke” ideologies on issues such as race and gender. Trump’s allies also argue that functions like student loans and civil rights enforcement could be better handled by other departments, such as the Treasury and Justice Departments. Furthermore, they advocate for expanding school choice, allowing families to use public funds for private or religious school alternatives.
