Why is Trump Restructuring the Department of Education – and What Lies Ahead? | Courts News

On Thursday, United States President Donald Trump signed an executive order aimed at dismantling the Department of Education, fulfilling a divisive promise from his campaign.

The agency has been criticized for years by conservatives who believe that education should be managed at the state level, arguing that the department is tainted by liberal ideologies.

There are constitutional hurdles that may complicate the implementation of Trump’s order. Here’s what we currently know:

What does the Department of Education do?

This cabinet-level agency oversees national education policy in the US, having been established in 1979 by Congress at the behest of former Democratic President Jimmy Carter.

The department allocates federal educational loans and assistance, including the Pell Grant, which supports low-income students; gathers data on the US education system; pinpoints systemic issues; and enforces federal laws regarding non-discrimination and civil rights in education.

Even prior to Thursday’s executive order, the Trump administration was actively reducing the size of the agency.

Before Trump took office, the department employed 4,133 people. Since then, the workforce has been nearly halved, with 600 personnel opting for voluntary resignation while others were placed on administrative leave. As of March 11, the department had approximately 2,183 employees.

These job cuts are occurring amid wider workforce reductions across the federal government, orchestrated by Elon Musk and his Department of Government Efficiency (DOGE).

What does the executive order say?

Titled “Improving Education Outcomes by Empowering Parents, States, and Communities,” the order directs Secretary of Education Linda McMahon, a longtime ally of Trump, to manage the closure of the department.

The order claims that the dissolution of the department would empower children and their parents to break free from “a system that is failing them.”

“The Federal education bureaucracy is ineffective,” states the order, referencing 2024 data from the National Assessment of Educational Progress (NAEP), which indicated that 70 percent of 8th graders were below proficient in reading and 72 percent lacked proficiency in mathematics.

How are students in the US performing?

According to NAEP’s 2024 report, student performance in reading and mathematics has seen little change since 2022.

More broadly, NAEP data reveals that average reading scores for eighth graders have remained relatively stagnant since the early 1970s. Average mathematics scores rose steadily from 1973 until 2012, after which there was a slight decline before an uptick in 2024.

The Better Life Index, created by the Organisation for Economic Cooperation and Development (OECD) and released in 2020, placed the US 8th out of 41 countries regarding educational attainment, while the US ranked 19th based on student skills. Moreover, American students outperformed the OECD average in subjects like reading, literacy, mathematics, and science.

In 2022, the US was ranked 28th out of 37 OECD countries in mathematics, as noted by the Pew Research Center, and 12th in science.

What do Americans want?

A 2024 opinion poll by the national non-profit All4Ed found that 58 percent of respondents, regardless of party affiliation, opposed the abolition of the Department of Education.

“This is political theater, not a serious public policy,” responded Ted Mitchell, president of the American Council on Education, a non-profit higher education organization, regarding Trump’s order.

“The government and Congress should prioritize enhancing the essential work carried out by the department that benefits regular Americans, rather than making unilateral and hasty cuts to its workforce and capabilities,” Mitchell stated on Thursday.

What will happen to student loans?

According to Trump’s executive order, the disbursement of loans and grants will continue.

The department is the primary source of loans for US college students, with an outstanding loan balance of $1.69 trillion affecting nearly 43 million student borrowers.

The order guarantees that “the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely” will be upheld.

Trump noted on Thursday that these services will be “preserved in full and redistributed to various other agencies and departments that will manage them effectively.”

While the specifics of this redistribution remain unclear, Trump has indicated that states would assume many of the department’s responsibilities.

What’s next?

Trump’s order cannot be implemented without Congressional approval, as only the legislature holds the authority to dismantle a cabinet-level department.

Some members of Congress have voiced their support for Trump’s initiative.

“I agree with President Trump that the Department of Education has failed its mission,” stated Republican Senator Bill Cassidy of Louisiana in a news release.

“Since the Department can only be dismantled with congressional approval, I will back the President’s aims by introducing legislation to make this happen as soon as possible.”

However, gaining Congressional approval might prove challenging for Trump.

If a bill is introduced, it will require 60 votes in the 100-seat Senate to dissolve the department. Currently, there are only 53 Republican Senators, falling short of the necessary majority.

In 2023, the House of Representatives voted on the closure of the agency, facing opposition from not just Democrats but also from 60 Republicans. The House currently consists of 218 Republicans and 213 Democrats.