President Trump has said repeatedly that he will try to close the U.S. Department of Education, seen here in Washington, D.C.
Robert Knopes/Education Times via Getty Images
Robert Knopes/Education Times via Getty Images
The Trump administration is considering substantial reductions in both programs and staffing at the U.S. Department of Education. This includes a potential executive move to eliminate department initiatives not legally protected and urging Congress to dismantle the department entirely.
Multiple government sources, who remain anonymous due to lack of authorization to publicly discuss these plans, suggest these actions could be enacted soon.
The White House has not provided any comment on the matter.
According to The Wall Street Journal, the Trump administration is pursuing these changes following the placement of numerous Education Department staff on paid administrative leave. This action aligns with President Trump’s executive order aimed at federal diversity programs.
The developments have created unease among staff and are expected to be a focal point in the Senate hearing for Linda McMahon, Trump’s nominee for education secretary, which is yet to be scheduled.
The department, with about 4,400 staff and a $79 billion budget, oversees federal student loan management, special education law enforcement, and the Title I program to aid low-income students.
Can Trump close the Education Department?
While the executive order may propose significant reductions and the closure of the department, such an action is beyond the scope of executive power alone.
The department’s creation in 1979 was an act of Congress, and only an act of Congress can dissolve it.
Whether Congress would vote to close the department is uncertain, given past failures and the slim Republican majorities in both chambers.
Surveys indicate that a majority of Republicans favor increased, rather than decreased, education spending.
Can Trump make cuts to the Education Department?
While some cuts are possible, the president and education secretary can only target programs not established by Congress, as statutory protections shield major initiatives.
Programs like Title I and the Individuals with Disabilities Education Act (IDEA) are protected by statute, having been established in 1965 and 1975 respectively, and cannot be altered without congressional approval.
Project 2025, a government blueprint by Trump allies, suggests closing the department and converting key funding into unrestricted grants. However, this too would require congressional action.
During his first term, Trump sought substantial budget cuts to the department, including transforming Title I funds into block grants, but Congress instead opted for modest increases.
“These are all programs that Congress established and knowingly housed inside the Department of Education,” says Dan Zibel, former top lawyer at the department. “Any changes to those programs would not only be shortsighted but require a new vote of Congress.”
Reallocating the department’s responsibilities to other agencies, such as moving Federal Student Aid to the Treasury Department as Project 2025 suggests, would still necessitate congressional input.
“A lot of what the administration is doing is testing boundaries,” remarks Rick Hess of the American Enterprise Institute. “We’ll see how this works and what might happen in court.”
Paid administrative leave
As part of its strategy to downsize or possibly eliminate the Education Department, the Trump administration has already begun reducing staff numbers.
Sheria Smith, president of the American Federation of Government Employees Local 252, reports that at least 74 nonmanagement staff have recently been placed on paid administrative leave.
NPR spoke with several affected staff, who expressed shock and confusion upon receiving notifications of their leave status, citing no connection to diversity, equity, or inclusion work.
Smith comments, “It looks very suspicious. Nothing we’ve seen gives any rhyme or reason as to why these employees were chosen.”
The New York Times initially reported on these staffing changes.
Many employees on leave had participated in a diversity workshop, Diversity Change Agents, encouraged by department managers.
Trump’s political appointees had previously advocated for such diversity initiatives during his first term.
Deputy Assistant Secretary Madi Biedermann states, “President Trump was elected to bring about unprecedented reform to the federal civil service to ensure it is merit-based and efficient at serving the interests of the American people.”
Subodh Chandra, a civil rights attorney, argues that executing Trump’s order to eliminate DEIA programs may violate Title VI of the Civil Rights Act of 1964, which protects federal workers involved in opposing discrimination.
