President Donald Trump was able to begin dismantling the Department of Education through an executive order, but he needs Congressional approval to officially abolish the agency.
According to a White House fact sheet previously reported by Fox News Digital, Trump is expected to sign an order to disband the department to “hand over education to families on behalf of bureaucrats.”
If Trump signs such an order expected on Thursday, he could significantly reduce the department. However, the entire institution cannot be completely repealed unless Congress passes a law that addresses the law establishing a department.
The Education Division was established in 1979 after Congress passed the Educational Institutions Organisation Act and was signed into law by former President Jimmy Carter. Republicans, including former President Ronald Reagan, have since spent decades dismantling the division to allow educational decisions to be decided at the state and local levels.
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President Donald Trump asks a reporter a question at a press conference at the White House Roosevelt Room held in Washington, DC on January 21, 2025 (Andrew Harnik)
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According to Andrew Stoltman, a lawyer and law professor, Trump would need Congressional approval from the vast majority of Congress to pass the law, according to Andrew Stoltman.
“President Trump has no ability to eliminate the federal division, and to eliminate it would require Congressional action, including a large majority of 60 votes in the Senate,” Stoltmann told Fox News Digital. “So, even if Trump could chase what he says, he would have to draw some Democrats in the Senate, which would probably be impossible.”
President Donald Trump will need Congressional approval to completely abolish the education sector. (Getty Images)
Jamie E. Wright, a political expert and founder of Wright Law Firm, previously told Fox News Digital there could be obstacles to passing such a bill.
“To make such a bill successful in law, it will require support from members of Congress to ensure smooth progress through the legislative process. Any effort that may present obstacles should arise from legislators that the Department of Education believes is important in ensuring consistent national education guidelines and allocation of federal funding for educational capabilities.
Trump has promised to work to close the department in a second term since the 2024 presidential campaign, and will tap on Education Secretary Linda McMahon to lead the agency to “get himself out of work.”
During a confirmation hearing in February, McMahon acknowledged that approval from Congress was required to proceed with actions to abolish government agencies.
“It’s true, President Trump understands that we’re working with Congress,” McMahon told members of the Senate’s Health, Education, Labor and Pensions Committee. “We want to make this right, and we want to present a plan that we think will be able to board the senator.
The administration has already taken steps to disrupt the sector, starting with hundreds of millions of dollars of funding diversity, equity, inclusion in schools and cancellations of hundreds of millions of dollars to cut nearly half of its workforce.
President Donald Trump’s Secretary of Education election Linda McMahon arrives in Washington, DC (Jaclyn Martin) on Thursday, February 13th, 2025 for a health, education and labor committee hearing on her appointment
Department of Education spokesman Savannah Newhouse told Fox News Digital earlier in a cut to the department.
The department currently oversees some funding, managing student loans, financial aid, and implementing non-discriminatory policies at schools, but most education itself is addressed at the state level.
Newhouse added: “In spite of the misconceptions, the Department of Education does not manage the school’s curriculum, determine teacher salaries, establish student aid qualifications, run the school, or set the ability to serve as a primary source of funding for the school.”
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Fox News Digital contacted the Department of Education for further comment but did not receive an immediate response.
Aubrie Spady is a writer for Fox News Digital.
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