Reuters reported on March 19 that, according to a White House summary obtained by the agency, US President Donald Trump will sign an executive order on March 20 to close the country’s Department of Education, fulfilling an important pledge during his election campaign.

US President Donald Trump. Photo: Reuters

The move was challenged by a group of Democratic state attorneys general, who filed a lawsuit to block Mr Trump from dissolving the department and halting the layoffs of nearly half its staff, which were announced last week.

Mr. Trump and his billionaire adviser Elon Musk have sought to close government programs and agencies, such as the U.S. Agency for International Development, without congressional approval. But dismantling the Education Department would be Mr. Trump’s first attempt to close a cabinet-level agency.

President Trump cannot close the department without congressional action, which could be difficult. Trump’s Republicans hold a 53-47 majority in the Senate, but a major bill like eliminating a cabinet-level agency would require at least 60 votes to pass, meaning at least seven Democratic senators would need to agree.

Democratic senators have given no indication they would support abolishing the Department of Education.

According to Reuters, the above order directs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education and return educational authority to the states, while ensuring the effective and continuous delivery of vital services, programs, and benefits.”

The White House summary also said the order requires programs or activities that receive remaining funding from the Department of Education “not to promote DEI (diversity, equity, and inclusion) or gender ideologies.”

President Trump has repeatedly called for the department to be eliminated, calling it “a big scam.” He proposed closing it during his first term, but Congress failed to act.

Last month, President Trump said he wanted the department to close immediately but acknowledged that he needed approval from Congress and teachers unions.

“The federal government’s control of education has failed students, parents, and teachers,” the White House said in its summary. It also noted that the department has spent more than $3 trillion since its founding in 1979 but has failed to improve student achievement, based on standardized test results.

Before the department was created, education was part of the U.S. Department of Health, Education, and Welfare, which operated from 1953 to 1979.

Controversy over department closure

Supporters of the Education Department say it plays a vital role in maintaining high public education standards and accuse Republicans of promoting for-profit education. An immediate shutdown could disrupt tens of billions of dollars in aid to K-12 schools and college tuition assistance.

Education Secretary Linda McMahon, who was confirmed by the Senate on March 17, defended Trump’s plan to dismantle the department but pledged that federal funding approved by Congress to support low-income school districts and students would continue.

Student loans and services for children with disabilities are already covered by law and will not be disrupted, a source familiar with the order said.

The Department of Education oversees about 100,000 public schools and 34,000 private schools in the United States, although more than 85 percent of public school funding comes from state and local governments. It also provides federal grants to schools in need and supports programs such as paying teachers for children with special needs, funding arts programs, and replacing aging infrastructure.

In addition, the department also manages the $1.6 trillion in student debt that tens of millions of Americans are taking on to attend college.

Legal challenges

Attorneys general from 20 states along with 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 the agency’s “final mission.”

The layoffs will leave the department with 2,183 employees, down from 4,133 when Mr. Trump took office in January, and are part of Mr. Trump’s effort to cut the size of the federal government through furlough programs and layoffs.

The lawsuit argues that widespread staff cuts would leave the department unable to perform core functions mandated by law, including enforcing civil rights, thereby encroaching on congressional authority and violating the U.S. Constitution.

The lawsuit also stresses that McMahon “may not eliminate or disrupt functions required by law, nor may he transfer the department’s responsibilities to another agency outside the scope of his authority under law.”