Overview:
The Executive Order instructs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure” of the department.
President Donald Trump is expected to issue an executive order as soon as Thursday directing the closure of the U.S. Department of Education, according to sources briefed on the matter.
A draft of the order, reviewed by The Wall Street Journal, instructs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure” of the department, by legal limits. The move aligns with longstanding conservative efforts to dismantle the agency, which was established in 1979 under President Jimmy Carter.
McMahon, confirmed by a 51-45 vote by Senate on Monday, signaled the administration’s intent in an email to staff, stating that she would work to “send education back to the states” and eliminate what she called “bureaucratic bloat” at the federal level. However, fully dismantling the department would require congressional approval, including a filibuster-proof majority in the Senate—an unlikely prospect given existing political divisions.
The Heritage Foundation’s Project 2025, a conservative policy roadmap for a GOP administration, has outlined a strategy for distributing the department’s functions across other agencies. This includes transferring its Office for Civil Rights to the Justice Department and shifting the federal student loan program to the Treasury Department.
The proposal has already drawn opposition from Democrats and education advocates, who argue that eliminating the department would jeopardize funding for critical programs, including support for students with disabilities and financial aid for low-income students. Polls indicate that a majority of Americans remain skeptical of dismantling the agency.
While the draft order does not mention congressional approval, McMahon has acknowledged that legislative action would be required to eliminate the department fully.
Created by Congress in 1979, the Department of Education is one of the smallest federal agencies. It is primarily responsible for managing federal funding for K-12 schools, including Title I, which supports students in low-income communities, and the Individuals with Disabilities Education Act (IDEA), which serves students with disabilities.