What to Know About Trump's Order to Close the Education Department The executive order directs the secretary of educati
Our Courts are going to be VERY busy!
"Any changes to federal education laws and programs—including allowable uses of funds, conditions for accepting federal funds and funding amounts—would also require an act of Congress."
What to Know About Trump’s Order to Close the Education Department
The executive order directs the secretary of education to take steps within her authority to facilitate the department’s closure.
By Austin Reid and Emily Katz | March 21, 2025
https://www.ncsl.org/state-legislatures-news/details/what-to-know-about-trumps-order-to-close-the-education-department
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How could the order be carried out?
The Education Department was established by Congress in 1979 as the primary executive agency charged with overseeing federal education laws and programs. Most of the significant federal laws and programs—Title I of the Elementary and Second Education Act, the Individuals with Disabilities Education Act, and Pell Grants in the Higher Education Act—were enacted by Congress before the department was created.
Major changes to the department’s roles and responsibilities would require an act of Congress. Specific department functions and the secretary’s discretionary authorities are described in the department’s charter legislation and throughout the various education laws.
Any changes to federal education laws and programs—including allowable uses of funds, conditions for accepting federal funds and funding amounts—would also require an act of Congress. This would include proposals to “block grant” education funding to the states. While federal funding for K-12 education is distributed via formula-based categorical grants, Congress places some limitations on how funds can be spent and requires states and schools to agree to certain conditions to receive those funds.
However, McMahon will likely seek to maximize her authority to reshape the department. While nearly every administration has reorganized the department to some degree, this is the first time in recent memory that significant staffing reductions have taken place............................................
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