President Donald Trump could begin to dismantle the Department of Education via an executive order, but he would need congressional approval in order to officially abolish the agency.
Trump is expected to sign the order to start dissolving the department in an effort to “turn over education to families instead of bureaucracies,” according to a White House fact sheet previously reported by Fox News Digital.
If Trump signs such an order, expected as soon as Thursday, he can significantly diminish the department. However, the entire agency cannot be outright abolished unless Congress passes legislation that addresses the laws establishing the department.
The Education Department was established in 1979 after Congress passed the Department of Education Organization Act, signed into law by former President Jimmy Carter. Republicans, including former President Ronald Reagan, have since spent decades calling for the department to be dismantled in an effort to allow educational decisions to be determined at the state and local level.
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Rep. Thomas Massie, R-Ky., reintroduced legislation in January to abolish the department, stating, “the Department of Education shall terminate on December 31, 2026.”
In order to pass any legislation, Trump would need congressional approval from a supermajority in Congress to eliminate the department, according to Andrew Stoltmann, an attorney and law professor.
“President Trump does not have the ability to eliminate a federal department. Eliminating it would require congressional action, including a supermajority of 60 votes in the Senate,” Stoltmann told Fox News Digital. “So, even if Trump can follow through with what he says, he has to pull in some Democrats in the Senate, and that will likely be impossible.”
Jamie E. Wright, a political pundit and founder of the Wright Law Firm, also previously told Fox News Digital that there could be obstacles to passing such a bill.
“To pass such a bill successfully into law would require backing from members of Congress for the president’s agenda to advance smoothly through the legislative process — an endeavor that may present obstacles should opposition arise from legislators who consider the Department of Education crucial in ensuring consistent national educational guidelines and federal funding allocation for education initiatives,” Wright told Fox.
Trump has promised since his 2024 presidential campaign that he would work to close the department during his second term, tapping Education Secretary Linda McMahon to head the agency to quickly “put herself out of a job.”
During her confirmation hearing in February, McMahon acknowledged that the administration would need approval from Congress to move forward with actions to abolish the agency.
“Certainly, President Trump understands that we’ll be working with Congress,” McMahon told the members of the Senate Health, Education, Labor and Pensions Committee. “We’d like to do this right. We’d like to make sure that we are presenting a plan that I think our senators could get on board with, and our Congress could get on board with, that would have a better functioning Department of Education, but it certainly does require congressional action.”
The administration has already taken steps to gut the department, beginning with the canceling of hundreds of millions of dollars in grants funding diversity, equity, and inclusion in schools and cutting nearly half its workforce.
Savannah Newhouse, a Department of Education spokesperson, previously told Fox News Digital amid cuts to the department, that “President Trump’s goal is to cut federal bureaucracy and return education authority to the states because the dollars and decision-making should be closest to students.”
The department currently oversees some funding, managing student loans, financial aid and enforcing nondiscrimination policies in schools, while most education itself is dealt with at the state level.
Newhouse added that “despite misconceptions, the Department of Education does not control school curricula, decide teacher pay, set who qualifies for student aid and how much they receive, operate schools, or serve as the primary source of funding for schools.”
Fox News Digital reached out to the Department of Education for further comment but did not immediately receive a response.
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