In a move aimed at delivering on one of his most ambitious campaign promises, President Donald Trump signed an executive order on Thursday to eliminate the U.S. Department of Education (DOE) and shift authority over education to states and local communities.

During a signing ceremony at the White House, Trump said the order will "fully preserve" some of the core programs that K-12 schools and colleges and universities rely on the federal government for, including Pell Grants, Title I funding, and resources for children with disabilities. He said those programs will be "redistributed" to various other agencies and departments, though it’s not clear which ones. Beyond what he called those "core necessities," he said his administration will take all lawful steps to shut down the department.

While the order sets the stage for significant disruption across the education sector, it is important to note that a presidential executive order alone cannot eliminate a federal agency. Legislative action by Congress is required to formally abolish the DOE, a process laden with political and practical challenges. Nevertheless, today’s executive order outlines immediate directives to begin winding down federal oversight and reshaping the national educational landscape.

What the Executive Order Says

The executive order instructs Education Secretary Linda McMahon to "take all necessary steps" to facilitate the closure of the DOE to the fullest extent permissible by law. Specifically, it directs the secretary to:

• Return core education functions to states and local communities.
   
• Ensure the uninterrupted delivery of key services and programs during the transition.
   
• Prohibit federal funds from supporting activities that involve what the administration describes as "illegal discrimination" under diversity, equity, and inclusion (DEI) initiatives or gender-related programming.

The order reflects the administration’s position that the federal education bureaucracy has failed students, families, and teachers by centralizing control in Washington. It cites the department’s growing size and the decline in national student performance as justification for decentralization.

Legislative Reality: Can DOE Be Eliminated Without Congress?

As emphasized in our previous client alert, the DOE cannot be dismantled without an act of Congress. The executive order does not — and legally cannot — abolish the agency outright. Instead, it signals the administration’s intent to reduce federal involvement while laying political groundwork for future legislative action.

Republicans hold the majority in both chambers — but with only narrow margins and could afford to lose only a few votes (assuming all Democrats voted in opposition to the bill). Thus, it is not all that likely (but not impossible) that such a bill would pass. 

What’s Next: Immediate and Potential Impacts on K-12 and Higher Education

Although the executive order calls for a phased closure of the department, it leaves unanswered critical questions about the future of the DOE’s essential functions.

Considerations for K-12 Schools:

• Federal Funding Streams: The DOE is responsible for administering billions in federal education funds, including over $18 billion for Title I programs supporting low-income students and $14 billion in IDEA funds supporting students with disabilities.
   
• Oversight of Civil Rights: The DOE plays a central role in enforcing Title VI and Title IX to prevent discrimination in education. 
   
• School Choice and State Autonomy: The administration’s approach is consistent with its emphasis on expanding school choice and reducing federal mandates, but the absence of clear guidance leaves uncertainty for local educational agencies.

K-12 school administrators should consider what sort of structure will need to be in place at the state level to ensure IDEA is completely funded and how those decisions are made. They should also consider how the calls for school choice/school voucher mandates could impact local educational agencies and funding for current public education

Consideration for Higher Education Institutions:

• Student Aid and Loan Programs: The DOE manages the federal student loan portfolio, valued at more than $1.6 trillion, and administers critical programs such as Pell Grants and Federal Work-Study. While the executive order is silent on how these functions will be restructured, Trump said during Thursday’s ceremony Pell Grants would be "fully preserved."
   
• Accreditation and Data Collection: The department also oversees institutional accreditation processes and educational research through the Institute of Education Sciences. The order does not address the future of these activities.

Takeaways for Education Leaders

School districts, colleges, and universities should closely monitor further actions by the Department of Education and Congress. The prospect of realignment or reassignment of critical federal education responsibilities has the potential to significantly alter longstanding compliance frameworks, funding streams, and programmatic operations.

Institutions should prepare for continued policy uncertainty and assess how a reduction in federal oversight could impact local operations, funding stability, and compliance obligations.

In mid-March, the Trump administration announced mass reductions in force at the DOE — firing roughly 1,300 employees. Despite the reductions in force across the offices and agencies responsible for enforcing civil rights and anti-discrimination protections, K-12 and higher education institutions retain their obligations and responsibilities to comply with anti-discrimination laws.

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For more information on what you and your organization can do to achieve your public policy priorities, please contact Bruce Thompson or Ken Preede with Parker Poe Federal Strategies.