WASHINGTON 

Since his return to power Jan. 20, US President Donald Trump has signed executive orders to overturn the policies of his Democratic predecessors.

Trump's quick actions targeted immigration, climate change, oil exploration, health, gender and many more, as he promised during his campaign.

The Education Department is on the list Trump has an eye on, and now he is reportedly finalizing an executive order that would attempt to dismantle the agency, which was established by Congress in 1979.

The agency’s purpose is to strengthen the federal commitment to ensuring access to equal educational opportunities for every individual, and supplement and complement efforts by states.

Having more than 4,00 employees, the department is responsible for the $1.6 trillion federal student loan program and a range of grants for K-12 schools, according to federal data. Its allocation was $238 billion in fiscal year 2024, less than 2% of the federal budget.  

Why Trump wants to dismantle department?

The idea of dismantling the department is not specific to Trump.

Republican President Ronald Reagan pushed for its elimination during his 1980 presidential campaign.

Being a decades-long goal for some Republicans, Trump has accused the agency of "indoctrinating young people with inappropriate racial, sexual, and political material."

"One other thing I’ll be doing very early in the administration is closing up the Department of Education in Washington, DC, and sending all education and education work and needs back to the states," Trump said in a 2023 campaign video.

In his vision for education, Trump backs universal school choice which would allow parents to use public funding to send their children to K-12 schools other than their assigned neighborhood school -- including public, private or religious schools.

"Oh, I’d like it to be closed immediately. Look, the Department of Education is a big con job," Trump told reporters Wednesday.  

Reactions in Congress

Recently, five Democratic lawmakers, including senators Bernie Sanders and Tammy Baldwin, sent a letter to Acting Secretary of Education Denise Carter, outlining concerns about Trump’s plans to unilaterally dismantle the department.

"We will not stand by and allow this to happen to the nation’s students, parents, borrowers, educators, and communities. Congress created the Department to ensure all students in America have equal access to a high-quality education and that their civil rights are protected no matter their zip code," they said.

They urged Carter to provide information on steps the department is taking to ensure the continuity of programs that Americans depend on and the ability of the department to effectively administer programs for their intended purposes without "waste, fraud and abuse."

The lawmakers noted that Trump and tech billionaire Elon Musk have not shared any plans for changes to the department with congressional committees responsible for oversight and funding.

They requested information about access to sensitive data and steps taken to safeguard it, communications and details regarding department employees who have been placed on leave and confirmation that no awards have been blocked or terminated.

Last week, a group of Democratic lawmakers was blocked from entering the agency’s building in Washington, DC amid a row over potential spending cuts.

Among those blocked were Reps. Maxwell Alejandro Frost and Maxine Waters, who were stopped by security at the entrance.  

Can Trump close Education Department?

The answer is: On his own, no. He needs congressional approval.

Although he cannot dismantle the department with an executive order, he can undermine its functions and redistribute duties.

But congressional approval seems unlikely since the legislation would require a supermajority of 60 votes to pass in the Senate.

Republicans have a 53-47 majority in the Senate.

So, it means that at least seven Democrats would need to vote to support the legislation.  

What Trump's pick says?

Linda McMahon, Trump's nominee for education secretary, appeared Thursday before the Senate Health, Education, Labor and Pensions Committee and thanked Trump for his confidence in her.

"He pledged to make American education the best in the world, return education to the states where it belongs, and free American students from the education bureaucracy through school choice," she said.

McMahon told the committee if confirmed, she would work with Congress to reorient the agency toward helping educators, not controlling them.

She also confirmed that the department could not be shut down without congressional action.

"President Trump understands that we'll be working with Congress,” said McMahon. “We’d like to make sure that we are presenting a plan that I think our senators could get on board with, and our Congress could get on board with, that would have a better functioning Department of Education,"

When questioned by Sen. Sanders, she said the department was set up by the Congress.

"And we work with Congress. It clearly cannot be shut down without it," she said.

"I do believe that we want to make sure that every child in our country has the opportunity to have equal access to a quality education. And the Department of Education really is not setting economic policy in the country. We should focus on educating our children, and we should focus on it at the local level," she said.

Her hearing was interrupted several times by protesters.