President Donald Trump has signed an executive order directing the closure of the US Department of Education, a long-standing conservative objective, while retaining certain core functions.
The move, however, faces legal and legislative hurdles, as Congress had established the department in 1979.
The order instructs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities.”
However, the directive provides little clarity on how this will be implemented, and the White House stated that key functions would be preserved.
Trump, who has frequently criticised the department as an instrument of liberal ideology, stated that beyond its “core necessities,” the agency would be dismantled.
Funding for Title I schools, Pell Grants, and support for children with disabilities would remain under federal oversight.
Despite these assurances, ambiguity surrounds the handling of federal student loans.
While the White House initially claimed the department would continue to manage student loans, the executive order suggests otherwise, asserting that the agency lacks the capacity to oversee its $1.6 trillion loan portfolio.
At the signing ceremony, Trump blamed the department for the nation’s lagging academic performance, arguing that states would be better equipped to manage education policies. “It’s doing us no good,” he said.
Mixed reactions to the move
The measure has drawn a sharp divide between supporters and opponents. Republican lawmakers have vowed to introduce legislation to facilitate the closure, but Democrats have strongly opposed the move.
Education Secretary McMahon vowed to remove bureaucratic hurdles while ensuring a “lawful and orderly transition.”
She noted that certain functions, such as civil rights enforcement, could be transferred to other agencies. “The Department of Justice already has a civil rights office, and I think there is an opportunity to discuss with Attorney General Bondi about locating some of our civil rights work there,” McMahon stated.
Conservative advocacy groups welcomed the move, arguing that federal intervention in education has led to declining standards.
Kevin Roberts, president of the Heritage Foundation, said, “For decades, it has funnelled billions of taxpayer dollars into a failing system — one that prioritises leftist indoctrination over academic excellence, all while student achievement stagnates and America falls further behind.”
However, public school advocates expressed deep concerns over the impact of the decision, particularly on vulnerable students. NAACP President Derrick Johnson called the move a “dark day for the millions of American children who depend on federal funding for a quality education.”
Democratic leaders have also vowed to challenge the executive order. Senate Minority Leader Chuck Schumer described it as a “tyrannical power grab” and “one of the most destructive and devastating steps Donald Trump has ever taken.”
Challenges ahead
The closure of the Education Department faces significant legislative and legal barriers, as Congress would need to pass legislation to dismantle the agency.
The House of Representatives had previously considered a measure to eliminate the department in 2023, but 60 Republicans joined Democrats in opposing it.
Some Republicans have also voiced doubts about whether the move would achieve its intended goals. Margaret Spellings, former Education Secretary under President George W. Bush, questioned whether dismantling the department would improve educational outcomes.
“Will it distract us from the ability to focus urgently on student achievement, or will people be figuring out how to run the train?” she asked.
While states already control local curricula and school operations, conservatives have long advocated for reducing federal oversight and shifting funding to state-level block grants.
Critics argue that such a move could jeopardise key funding for disadvantaged students.
Federal contributions account for roughly 14% of public school funding, supporting essential programmes such as the McKinney-Vento programme for homeless students and Title I for low-income schools.
Parents of children with disabilities have also voiced concerns over the future of federal protections.
Even as Trump moves to dismantle the department, his administration has relied on it to advance its political agenda.
The agency has been instrumental in enforcing restrictions on transgender athletes in women’s sports and overseeing investigations into diversity programmes.
Senator Patty Murray, a Democrat on the Senate Committee on Health, Education, Labour, and Pensions, dismissed Trump’s claim that he was empowering states. “He is actually trying to exert ever more control over local schools and dictate what they can and cannot teach,” she said.
With legal challenges expected and the requirement for congressional approval, the fate of the Education Department remains uncertain.
Trump’s executive order, while a significant step towards dismantling the agency, may ultimately face insurmountable political and legal obstacles.
