Trump’s plan to abolish the Education Department faces legal and congressional hurdles, making it nearly impossible to achieve through an executive order. Learn why federal law stands in the way.
Trump Can’t Erase the Education Department with an Executive Order—Here’s Why
TWC Magazine: For decades, eliminating the U.S. Department of Education has been a conservative priority, with calls for returning educational control to the states. Former President Donald Trump has reignited that debate, vowing to abolish the department and shift authority to local governments. However, legal and congressional barriers stand in the way, making such a move far more complex than a single executive order.
Why the Education Department Can’t Simply Be Eliminated
The Department of Education was established in 1979 through congressional legislation. According to legal experts, executive authority alone cannot undo an act of Congress. Any attempt to dismantle the department would require legislative approval. The same applies to key education programs under its jurisdiction, such as:
- Title I Grants: Providing funding to schools serving children from low-income families.
- Individuals with Disabilities Education Act (IDEA): Ensuring special education services for students with disabilities.
Without congressional consent, these federally funded initiatives cannot be easily transferred to state control or another federal agency.
Trump’s Executive Order & Workforce Cuts
While Trump cannot abolish the department outright, his administration attempted to reduce its influence. In a sweeping executive order, he directed federal agencies to identify statutory requirements that mandate their existence and operations. The order also required agencies to submit restructuring plans aimed at reducing staffing and administrative functions.
As part of this initiative, nearly half of the Education Department’s workforce was laid off or bought out. However, this move quickly faced legal challenges:
- State Governments: Multiple states sued, arguing the sudden layoffs violated federal labor laws.
- Teachers’ Unions: Educators pledged to fight the cuts, claiming they would harm students who rely on federal education programs.
The legal battle over these cuts underscores the broader issue—federal agencies cannot be dissolved or significantly altered without congressional action.
What’s Next?
The push to dismantle the Education Department is far from over, but any meaningful changes would require a cooperative Congress willing to rewrite existing laws. Whether future administrations will pursue similar efforts or focus on reforming, rather than eliminating, the department remains an open question.
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