Trump Signs Order to Facilitate the Closure of the Department of Education

Flanked by Republican governors and conservative parent advocates, and with the fanfare of a bill signing, President Trump signed an Executive Order instructing Secretary of Education Linda McMahon to “the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

Eliminating the Department was a key campaign promise for Trump and has been a longtime priority for conservatives who want federal funding of elementary and secondary education diminished and its policy management and control sent to the states.

In addition to instructing McMahon to work to shutter the agency, the Executive Order on Returning Education to Parents and Communities directs her to “ensure that the allocation of any Federal Department of Education funds is subject to rigorous compliance with Federal law and Administration policy, including the requirement that any program or activity receiving Federal assistance terminate illegal discrimination obscured under the label “diversity, equity, and inclusion” or similar terms and programs promoting gender ideology.”

In the weeks leading up to the signing of the order there was much discussion about what will happen to the core responsibilities of the agency if Congress should shut down the Department. In his remarks, Trump noted that Title I Education for the Disadvantaged, which provides funding to low-income school districts, the Individuals with Disabilities Education Act (IDEA) for special education, and the Pell Grant program would be preserved and redistributed to other agencies. While he did not mention it today, he previously told reporters that student loan programs, for example, could move to the Department of Treasury or the Small Business Administration.

In her confirmation hearing, McMahon promised to work with Congress on possible changes at the Department. She has already taken initial steps toward shrinking the bureaucracy by firing roughly half the staff, while the Department of Government Efficiency has shut down the Institute for Educational Statistics and tried to stop funding for teacher preparation and international education programs in the higher education sector.

Senate Committee on Health, Education, Labor and Pensions Chair Bill Cassidy (R-LA) immediately announced his plans to introduce legislation next week to have Congress formally shut down the Department. The measure would need 60 votes in the Senate, an unlikely outcome with Republicans only holding 53 seats. 

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Stephanie Giesecke