President Donald Trump has long campaigned on dismantling the US Department of Education, calling for its elimination or restructuring. However, despite his executive power, Trump cannot simply abolish the department with a stroke of the pen. Legal experts argue that the department was established through legislation, and significant changes would require Congress to act, not just an executive order. The Education Department was created by Congress in 1979, and many of its core programs, such as Title I funding for low-income students and the Individuals with Disabilities Education Act (IDEA), are enshrined in law.
On February 11, 2025, Trump issued an executive order directing federal agencies to submit plans for staffing reductions. The order also included a directive for agencies to identify which parts of the government are statutorily required. This initiative, intended to reduce government size and increase efficiency, has sparked legal challenges and fierce debates about the extent of the president’s power.
Legal hurdles prevent Trump’s immediate action
The Education Department was established through the Department of Education Organization Act of 1979. According to experts, Trump cannot unilaterally eliminate this agency through an executive order. As reported by the USA Today, many of the department’s programs are mandated by statutes, and shifting them to other agencies or abolishing them entirely would require legislative action from Congress. “We’re going to move the Department of Education,” Trump said in a recent White House appearance, “We’re going to move education into the states, so that the states, instead of bureaucrats working in Washington, can run education.” However, such a move would violate the laws that Congress passed, which established these vital programs.
The conflict with statutory programs
Trump’s efforts to cut the Education Department may have far-reaching consequences for millions of students. As the USA Today reported, 26 million children living in poverty rely on Title I funding, while 7.5 million students with disabilities benefit from the Individuals with Disabilities Education Act (IDEA). Furthermore, 10 million students are supported by Pell Grants, and 12 million receive funding through Perkins Grants for career education. Abolishing or transferring these programs could have disastrous effects, as these services are not optional—they are legally required. Education Secretary Linda McMahon acknowledged these concerns in her February 13 confirmation hearing, stating that any attempt to dismantle these programs without Congress’s consent would face significant legal challenges.
Trump’s cuts to Education Department workforce
On March 18, 2025, nearly half of the Education Department workforce was laid off, a drastic step in Trump’s broader plan to reduce government size. As the USA Today reported, the department’s workforce decreased from 4,133 when Trump took office to 2,183 after the layoffs. Unions and advocacy groups have condemned these cuts, with Randi Weingarten, president of the American Federation of Teachers, arguing that such actions could severely disrupt the services provided to millions of children. The layoffs have already led to legal action, with a lawsuit filed by 20 states and the District of Columbia to block the firings.
Congress must approve changes
Trump’s executive order calls for sweeping government cuts, but the real issue lies in the legal complexities surrounding the Education Department. The department’s creation, as well as many of its key programs, were authorized by acts of Congress. As reported by the USA Today, Trump cannot bypass Congress to eliminate these programs or the department itself. “Certainly, President Trump understands that we’ll be working with Congress. We’d like to do this right,” said McMahon, the Education Secretary, during her confirmation hearing on February 13.
The role of statutory law and executive orders
The central issue in Trump’s efforts to restructure government lies in the distinction between statutory law and executive orders. As political science professor David Lewis explained to USA Today, many agencies, including the Education Department, were created by statutory law, meaning that only Congress has the authority to alter or abolish them. Executive orders, like the ones Trump used to withdraw from the World Health Organization or eliminate diversity programs, cannot override the legal foundation established by Congress.
Trump’s push for state-level control over education
One of Trump’s main goals is to move education policy decisions from Washington, D.C., to the states. This aligns with his longstanding preference for decentralizing federal control. “We’re going to close it up,” Trump said in a 2023 campaign video, referring to the Education Department. “We’re going to send it all back to the states.” However, the legal and logistical hurdles involved in shifting federal programs to state control are significant, and it would require Congressional approval.
Potential impact on millions of students
If Trump succeeds in making drastic cuts to education programs, millions of students across the US could lose access to crucial services. According to the USA Today, over 26 million children living in poverty, 7.5 million students with disabilities, and millions more relying on federal financial aid could be affected. Critics argue that Trump’s policies could worsen inequality and exacerbate existing educational disparities.
Challenges to Trump’s education reforms
Trump’s education reform plans have been met with fierce opposition from unions, advocacy groups, and legal experts. As reported by the USA Today, lawsuits are already underway to block the administration’s drastic staffing cuts, which many believe will leave the department unable to fulfill its statutory obligations. Additionally, state officials and lawmakers are challenging the legality of transferring education functions to other agencies without Congressional approval.
Trump’s government overhaul faces mounting opposition
The battle over the future of the Education Department is just one piece of a larger effort by Trump to overhaul the federal government. However, as legal experts and critics point out, dismantling agencies established by Congress is no simple task. Without Congressional action, Trump’s efforts to erase the Education Department with an executive order are unlikely to succeed. As the situation unfolds, the legal and political ramifications will continue to shape the debate over the role of federal agencies in American governance.
