Trump’s Executive Order to Dismantle the US Department of Education: What It Means for Higher Education

Details

On March 20, President Donald Trump issued Executive Order entitled Improving Education Outcomes by Empowering Parents, States, and Communities, directing Secretary of Education Linda McMahon to take all necessary steps to facilitate the closure of the Department of Education (Department) and return authority over education to the states to the fullest extent permitted by law.

The Executive Order marks the latest step in the Trump administration’s broader effort to dismantle the Department and reduce federal involvement in education policy. Shortly after her Senate confirmation on March 3, McMahon issued a memorandum titled “Our Department’s Final Mission,” outlining her plan to close the agency. On March 11, she initiated a reduction in force, cutting the Department’s workforce by 50% — a significant move toward scaling back federal oversight of education.

The Executive Order sets forth the framework for the Department’s closure, including the anticipated impact on federal education programs. Below is a summary of the Order and its expected implications.

Executive Order Highlights

The Executive Order directs the Secretary of Education to take all legally permissible steps to close the Department of Education and return authority over education to the States and local communities. It emphasizes that the process must ensure the “uninterrupted delivery of services, programs, and benefits.” White House Press Secretary Karoline Leavitt stated on March 20 that while the Department is being phased out, it will continue enforcing civil rights laws, issuing student loans, and disbursing Pell Grants, among other functions.

Additionally, the Order requires strict compliance with federal law and administration policies in the allocation of federal education funds, specifically barring financial support for programs that promote “diversity, equity, and inclusion” or “gender ideology,” which the administration deems to be forms of illegal discrimination.

The Order also includes general provisions clarifying that it does not override the legal authority of other executive departments, agencies, or the Office of Management and Budget concerning administrative, budgetary, or legislative matters.

What to Expect

Legal challenges are inevitable. Institutions of higher education (IHEs) and other stakeholders are expected to seek injunctive relief to block the Executive Order’s implementation. Already, 21 state attorneys general have filed suit in Massachusetts federal court, arguing that McMahon lacks the authority to eliminate or relocate programs established by statute. As litigation unfolds, IHEs should anticipate potential disruptions within the Department’s subdivisions and the programs it administers.

Dismantling the Department of Education has been a long-standing Republican priority, dating back to the Reagan administration. However, fully dissolving the Department requires congressional action, as its existence is established by federal law. Legislative efforts are already underway. U.S. Sen. Mike Rounds has introduced the Returning Education to Our States Act, while Rep. Thomas Massie has proposed a one-sentence bill calling for the Department’s closure by the end of 2026. Despite these efforts, the path forward remains uncertain. With midterm elections approaching, some moderate Republicans may hesitate to fully back the initiative, weighing potential political consequences. Nevertheless, without congressional approval, the Department cannot be fully abolished.

Even without congressional action, the Department of Education is on the brink of substantial transformation. The extent of these changes will depend on how McMahon implements the directive, but significant regulatory revisions — or outright eliminations — are all but certain. IHEs should prepare for rapid and potentially disruptive shifts, including delays or modifications in federal funding and the FAFSA application process due to the Department’s reduction in force. Institutions will need to make careful adjustments to their internal policies and compliance strategies.

If the Department of Education survives, it is likely to be a drastically reduced entity, operating with minimal staffing and performing only statutorily required functions. Existing Department regulations and guidance will be fundamentally altered, if not eliminated entirely. As the legal and regulatory landscape continues to evolve, our Higher Education Team remains available to answer questions and provide guidance.

We encourage you to contact any member of our Higher Education Team if you have specific questions or concerns as we navigate the changing legal environment.