Trump’s Ambitious Plan to Dismantle the Department of Education Faces Legal Hurdles

Trump intends to execute a long-awaited conservative objective by seeking the closure of the Department of Education, which oversees federal school funding and student support programs. Despite his attempts to push this agenda, the need for congressional approval makes complete dismantling highly improbable.

President Donald Trump has set his sights on a bold initiative to close the US Department of Education, a longstanding goal for many conservatives. This potential executive order would fulfill a commitment he made during his campaign, aiming to streamline educational governance by transferring programs to other parts of the government. Reports indicate that Trump plans to direct his recently appointed Education Secretary, Linda McMahon, to commence steps toward dissolving the department, contingent on legal permissibility as outlined in a draft of the order reviewed by the Wall Street Journal.

However, achieving total elimination of the department requires congressional approval. Established in 1979, the Department of Education manages critical functions such as public school funding, student loan administration, and support for low-income students. Trump and his supporters have criticized the agency, alleging it promotes undesirable "woke" ideologies among youth. McMahon, formerly a CEO with ties to World Wrestling Entertainment, has yet to face Senate confirmation proceedings.

The department does not set educational curricula, which remain under state and local control. Nevertheless, it plays a central role in overseeing financial aid, civil rights enforcement, and educational access for marginalized student populations. The agency operates on a budget of $238 billion for the fiscal year 2024, comprising less than 2% of the federal budget and employing around 4,400 personnel — the smallest workforce among cabinet-level departments.

To effectively shutter the department, Trump would require consent from Congress, likely necessitating support from at least seven Senate Democrats due to the current Republican majority. Past attempts to legislate its dissolution faced considerable bipartisan opposition, making the likelihood of such a move a political uphill battle. Even as Trump seeks to reduce federal bureaucracy, historical resistance to dismantling the department, rooted in concerns over federal versus local educational control, remains prevalent.

For Republicans, the push to abolish the department is historically entrenched, first championed during Ronald Reagan's presidential campaign in the 1980s. Current advocates argue against perceived overreach in centralizing education policy, suggesting it be left to states and localities, while promoting alternatives such as school choice that empower families in their educational decisions. Should Trump's ambitions transpire, pivotal aspects of educational governance could undergo significant alterations, while raising profound implications for students and families seeking federal assistance in education.