U.S. President Donald Trump is set to sign an executive order on Thursday directing the closure of the Department of Education, fulfilling a key campaign promise, according to a White House summary reviewed by Reuters.
Even before its signing, the order faced legal opposition from a coalition of Democratic state attorneys general, who filed a lawsuit aiming to prevent the department’s dismantling and block the layoffs of nearly half of its workforce, announced last week.
The NAACP, a prominent civil rights organization, condemned the expected order as unconstitutional.
“This is a dark day for millions of American children who rely on federal funding for quality education, including those in low-income and rural communities with parents who voted for Trump,” NAACP President Derrick Johnson said in a statement.
Trump and his adviser, billionaire Elon Musk, have sought to eliminate several government agencies, including the U.S. Agency for International Development, without congressional approval. However, dissolving the Department of Education would mark Trump’s first attempt to shut down a cabinet-level department.
Trump cannot unilaterally close the Department of Education without congressional approval, a challenge that may prove difficult. Republicans hold a 53-47 Senate majority, but legislation to eliminate a cabinet-level agency requires 60 votes, meaning at least seven Democratic votes would be necessary.
Senate Democrats have indicated no willingness to support dismantling the department.
“Trump and Musk are taking a wrecking ball to the Department of Education and firing half its staff,” said Democratic Senator Patty Murray, vowing to fight what she called their “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 ensuring the effective and uninterrupted delivery of essential programs.”
According to the White House summary, the order mandates that any remaining department funds must not support “DEI or gender ideology” initiatives.
Trump has long advocated for abolishing the department, calling it “a big con job.” Though he previously proposed its closure during his first term, Congress did not act. Last month, he reiterated his desire to shut down the department immediately but acknowledged the necessity of congressional approval and cooperation from teachers’ unions.
“The federal government’s control of education has failed students, parents, and teachers,” the White House stated. The department, established in 1979, has spent over $3 trillion without significantly improving student achievement based on standardized test scores.
Before its creation, education oversight fell under the U.S. Department of Health, Education, and Welfare from 1953 to 1979.
Education Secretary McMahon defended the move, stating that the department does not directly educate students, hire teachers, or establish curricula.
Critics argue that closing the department could jeopardize billions in federal funding for public schools and tuition assistance for college students. The agency oversees aid for K-12 schools, including funding for special education teachers, arts programs, and infrastructure improvements. It also manages $1.6 trillion in student loans serving millions of borrowers.
Attorneys general from 20 states and the District of Columbia filed a lawsuit in federal court in Boston last week, arguing that the layoffs and agency closure would violate statutory obligations.
The department recently announced plans to reduce its workforce by over 1,300 employees, bringing staff numbers down to 2,183 from 4,133 at the beginning of Trump’s presidency. Additional staff reductions were made through buyouts and probationary dismissals as part of Trump’s broader effort to downsize the federal government.
The lawsuit contends that the layoffs would cripple the agency’s ability to perform its legally mandated functions, including civil rights enforcement, effectively bypassing congressional authority in violation of the U.S. Constitution.
The legal filing asserts that 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 battle over the Department of Education’s future now moves to the courts, setting the stage for a legal and political showdown over one of the most controversial policy moves of Trump’s presidency.
