The Trump administration is hoping to drastically shrink the Education Department, using an executive order now in the works. The order - as described by three people briefed on its contents, speaking on the condition of anonymity because they were not authorized to publicly discuss internal issues - would seek a plan for Congress to abolish the department altogether, which would fulfill a Trump campaign promise.
This order would follow a trio of executive orders President Donald Trump signed last week seeking to control how schools teach about race and gender, direct more tax dollars to private schools, and deport foreign pro-Palestinian protesters. All of these moves are happening ahead of the confirmation of Trump’s nominee for education secretary, Linda McMahon, which has not been scheduled yet.
Here’s what to know about the Education Department and its potential future:
What the department does
The department has 4,400 employees, according to a federal grants website. It is responsible for the $1.6 trillion federal student loan program and a range of grants for K-12 schools.
In addition, the department runs achievement tests dubbed the Nation’s Report Card and collects statistics on enrollment, staffing and crime in schools. It enforces civil rights laws that bar discrimination in federally funded schools on the basis of race, sex and other factors.
States and school districts, not the federal Education Department, set curriculums. That runs counter to Trump’s repeated call to send education “back to the states,” as it already mostly resides there. Since the department was created in 1979, Republicans have periodically advocated abolishing it, starting with President Ronald Reagan. Taking office in 1981, he immediately sought to eliminate the department established during the tenure of his Democratic predecessor, and tried again after his first attempt failed.
The department does not run the Head Start preschool program, which is housed at the Department of Health and Human Services.
The Food and Nutrition Service at the U.S. Department of Agriculture - not Education - handles school meals.
School funding provided by the department
Education administers federal education grant programs. The biggest programs for K-12 schools are:
- The $18.4 billion Title I program that provides supplemental funding to high-poverty K-12 schools.
- The $15.5 billion program that helps cover the cost of education for students with disabilities.
Why Trump would need Congress to eliminate it
Trump’s expected executive order would not shut down the department. The Education Department was created by Congress, and only Congress can eliminate it.
Such congressional action is unlikely, people in both parties say. Legislation would require a supermajority of 60 votes to pass in the Senate, meaning at least seven Democrats would need to support the plan, which observers say is inconceivable.
Impact on student loans
The Education Department runs the $1.6 trillion student loan program - its single biggest mission. Theoretically, the federal government could drastically reduce the department’s role in student borrowing.
More likely, another governmental or quasi-governmental agency would take on the responsibility if the Education Department were eliminated.
Creation of the department
The federal government’s role in education grew after World War II, when it increased spending. One of the ways spending increased was through the GI Bill, which provided millions of military veterans with educational benefits such as free college tuition. The passage of civil rights legislation gave the federal government new powers to ensure schools do not discriminate against students on the basis of race or sex.
The Education Department was created by an act of Congress in 1979, under President Jimmy Carter.
Initially, Education was part of the Department of Health, Education and Welfare. That department was then divided into the Department of Education and the Department of Health and Human Services.
The new Education Department began operations in May 1980, tasked by Congress with “ensuring access to equal educational opportunity for every individual,” supporting states’ education efforts, and funding research to improve “the quality and usefulness of education,” among other mandates.
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Danielle Douglas-Gabriel and Hannah Natanson contributed to this report.