President Trump Issues Executive Order Dismantling the U.S. Department of Education
On March 20, President Donald Trump signed an executive order that would “begin eliminating the federal Department
of Education.” The order would direct Education Secretary Linda McMahon to “take
all necessary steps to facilitate the closure of the Department of Education and
return authority over education to the States and local communities while ensuring
the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
The order does not immediately close the Department of Education
(ED), which cannot be done without congressional approval.
Trump argues that ED has failed to improve student outcomes
and is redundant since states and local districts primarily control education.
His efforts to reshape the federal government include downsizing the Department
and redistributing some of its functions to other departments and to the states.
The dismantling of ED has already led to half of the staff
being removed, affecting essential services like the Free Application for Student
Aid (FAFSA). Cuts to the Department have impacted its ability to manage financial
aid programs efficiently, leading to website outages and difficulties for students
applying for loans. However, the Trump administration noted that the processing
of the FAFSA applications and the Pell Grant program would remain under the Department of Education.
Trump also announced last week during a press conference that
the Small Business Administration (SBA), led by SBA Administrator Kelly Loeffler,
will take over the $1.6 trillion federal student loan portfolio, even though the
SBA announced last week that it would cut its 6,500-person workforce by 43%.
During the press conference, the administration also announced that it would move
special education services under Secretary Robert F. Kennedy, Jr.’s Department
of Health and Human Services (HHS).
When
announcing the relocation of special education programs to HHS, Trump also mentioned
ED’s nutrition programs would be moved to HHS. There is confusion about this
statement because school nutrition programs are under the jurisdiction of the
U.S. Department of Agriculture not the Department of Education.
A key concern is how other responsibilities of ED will be handled,
particularly the distribution of federal education funds. The Department plays
a crucial role in providing aid to schools serving low-income students and in enforcing discrimination laws.
On March 24, the National Education Association, the country’s
largest teachers’ union, the NAACP and other advocacy groups, along with public
school parents, sued ED, alleging that the administration exceeded its constitutional
authority in trying to dismantle the department, violating the Administrative Procedure Act.