(Reuters)—According to a White House summary obtained by Reuters, U.S. President Donald Trump is set to sign a long-anticipated executive order on Thursday, March 20, 2025, to shut down the Department of Education, fulfilling a key campaign promise.
Even before its signing, the order has been met with significant legal opposition. A coalition of Democratic state attorneys general has filed a lawsuit seeking to block Trump from dismantling the department and preventing the layoffs of nearly half its workforce, which were announced last week. The NAACP, a prominent civil rights organization, has also strongly condemned the order, calling it unconstitutional.
“This is a dark day for the millions of American children who depend on federal funding for a quality education, including those in poor and rural communities with parents who voted for Trump,” NAACP President Derrick Johnson said in a statement.
Trump and his billionaire adviser, Elon Musk, have previously attempted to shut down various government programs and agencies, including the U.S. Agency for International Development, without congressional approval. However, dissolving the Department of Education marks Trump’s first attempt to eliminate a cabinet-level agency. Since such a move requires congressional approval, the president may face significant hurdles. While Republicans hold a 53-47 majority in the Senate, major legislation—such as one to dismantle a cabinet agency—would require 60 votes, meaning at least seven Democratic senators would need to support it.
So far, Senate Democrats have shown no willingness to support the move.
“Trump and Musk are taking a wrecking ball to the Department of Education and firing half its staff,” Democratic Senator Patty Murray stated, vowing to oppose what she described as “Trump and Musk’s slash-and-burn campaign.”
The executive order directs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education and return education authority to the states while continuing to ensure the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
It also specifies that any programs or activities funded by the remaining Department of Education budget must not “advance DEI or gender ideology,” according to the White House summary.
A Longstanding Republican Goal
Trump has long advocated for eliminating the Department of Education, referring to it as “a big con job.” He previously proposed shutting it down during his first term, but Congress did not act on the proposal.
Last month, Trump reiterated his desire to close the department immediately but acknowledged that he would need support from Congress and teachers’ unions.
“Federal government control of education has failed students, parents, and teachers,” the White House summary stated. It also noted that the department has spent over $3 trillion since its establishment in 1979 without significant improvements in student achievement, as measured by standardized test scores.
Before the creation of the Department of Education, its functions were part of the U.S. Department of Health, Education, and Welfare, which operated from 1953 to 1979.
Education Secretary Linda McMahon defended the administration’s decision during an interview on SiriusXM’s “The David Webb Show” on Tuesday, emphasizing a shift toward state-level innovation.
“The Department of Education doesn’t educate anyone. It doesn’t hire teachers. It doesn’t establish curriculum. It doesn’t hire school boards or superintendents,” she stated.
Potential Consequences and Opposition
Critics argue that dismantling the department would have dire consequences, particularly for public education standards and funding. The agency oversees approximately 100,000 public and 34,000 private schools across the U.S., though the majority of public school funding—over 85%—comes from state and local governments.
The department also provides crucial federal grants for underprivileged schools, special education programs, arts initiatives, and infrastructure improvements. Additionally, it oversees $1.6 trillion in student loans, which support millions of Americans who cannot afford higher education.
McMahon, a co-founder and former CEO of the WWE professional wrestling franchise, was confirmed as Education Secretary by the Senate on Monday. She has backed Trump’s plan to dismantle the agency but assured that federal funding appropriated by Congress for low-income school districts and student aid programs would continue.
A source familiar with the executive order noted that student loan programs and services for children with disabilities are legally mandated and would remain operational.
Legal Challenge and Workforce Reductions
The executive order has already sparked legal challenges. Attorneys general from 20 states and the District of Columbia filed a lawsuit in federal court in Boston last week after the department announced plans to lay off more than 1,300 employees as part of what it called its “final mission.”
These job cuts would reduce the department’s workforce from 4,133 employees at the start of Trump’s tenure to just 2,183. They follow previous reductions through buyout offers and the dismissal of probationary employees as part of Trump’s broader effort to downsize the federal government.
The lawsuit contends that these sweeping layoffs would cripple the department’s ability to carry out its legally mandated functions, particularly in enforcing civil rights protections. It further argues that Trump’s executive action unlawfully bypasses Congress’s authority.
“McMahon is not permitted to eliminate or disrupt functions required by statute, nor can she transfer the department’s responsibilities to another agency outside of its statutory authorization,” the lawsuit states.
With fierce political opposition, legal battles, and logistical hurdles ahead, Trump’s ambitious plan to dismantle the Department of Education faces an uncertain future.
