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Unlikely Trump can actually eliminate Education Department, experts say

The Lyndon Baines Johnson Department of Education Building pictured on Nov. 25, 2024. (Shauneen Miranda/States Newsroom)

WASHINGTON — President-elect Donald Trump’s pledge to get rid of the U.S. Department of Education will be far easier said than done.

As Trump seeks to redefine U.S. education policy, the complex logistics, bipartisan congressional approval and redirection of federal programs required make dismantling the department a challenging — not impossible — feat.

It’s an effort that experts say is unlikely to gain traction in Congress and, if enacted, would create roadblocks for how Trump seeks to implement the rest of his wide-ranging education agenda.

“I struggle to wrap my mind around how you get such a bill through Congress that sort of defunds the agency or eliminates the agency,” Derek Black, an education law and policy expert and law professor at the University of South Carolina Joseph F. Rice School of Law, told States Newsroom.

“What you can see more easily is that maybe you give the agency less money, maybe you shrink its footprint, maybe we’ve got an (Office for Civil Rights) that still enforces all these laws, but instead of however many employees they have now, they have fewer employees,” Black, who directs the school’s Constitutional Law Center, added.

What does the department do?

Education is decentralized in the United States, and the federal Education Department has no say in the curriculum of public schools. Much of the funding and oversight of schools occurs at the state and local levels.

Still, the department has leverage through funding a variety of programs, such as for low-income school districts and special education, as well as administering federal student aid.

Axing the department would require those programs be unwound or assigned to other federal agencies to administer, according to Rachel Perera, a fellow in Governance Studies in the Brown Center on Education Policy at the Brookings Institution.

Perera, who studies inequality in K-12 education, expressed concern over whether other departments would get additional resources and staffing to take on significantly more portfolios of work if current Education Department programs were transferred to them.

Sen. Mike Rounds introduced a bill last week that seeks to abolish the department and transfer existing programs to other federal agencies.

In a statement, the South Dakota Republican said “the federal Department of Education has never educated a single student, and it’s long past time to end this bureaucratic Department that causes more harm than good.”

The Heritage Foundation’s Project 2025 proposed a detailed plan on how the department could be dismantled through the reorganization of existing programs to other agencies and the elimination of the programs the project deems “ineffective or duplicative.”

Though Trump has repeatedly disavowed the conservative blueprint, some former members of his administration helped write it.

The agenda also calls for restoring state and local control over education funding, and notes that “as Washington begins to downsize its intervention in education, existing funding should be sent to states as grants over which they have full control, enabling states to put federal funding toward any lawful education purpose under state law.”

Title I, one of the major funding programs the department administers, provides billions of dollars to school districts with high percentages of students who come from low-income families.

Black pointed to an entire “regulatory regime” that’s built around these funds.

“That regime can’t just disappear unless Title I money also disappears, which could happen, but if you think about Title I money — our rural states, our red states — depend on that money just as much, if not more, than the other states,” he said. “The idea that we would take that money away from those schools — I don’t think there’s any actual political appetite for that.”

‘Inherent logical inconsistencies’

Trump recently tapped Linda McMahon — a co-chair of his transition team, Small Business Administration head during his first term and former World Wrestling Entertainment CEO — as his nominee for Education secretary.

If confirmed, she will play a crucial role in carrying out his education plans, which include promoting universal school choice and parental rights, moving education “back to the states” and ending “wokeness” in education.

Trump is threatening to cut federal funding for schools that teach “critical race theory,” “gender ideology” or “other inappropriate racial, sexual, or political content on our children,” according to his plan.

On the flip side, he wants to boost funding for states and school districts that adhere to certain policy directives.

That list includes districts that: adopt a “Parental Bill of Rights that includes complete curriculum transparency, and a form of universal school choice;” get rid of “teacher tenure” for grades K-12 and adopt “merit pay;” have parents hold the direct elections of school principals; and drastically reduce the number of school administrators.

But basing funding decisions on district-level policy choices would require the kind of federal involvement in education that Trump is pushing against.

Perera described seeing “inherent logical inconsistencies” in Trump’s education plan.

While he is talking about dismantling the department and sending education “back to the states,” he’s “also talking about leveraging the powers of the department to punish school districts for ‘political indoctrination,’” she said.

“He can’t do that if you are unwinding the federal role in K-12 schools,” she said.

Trump won the presidency. What does that mean for education?

Republican presidential nominee, former President Donald Trump, speaks to attendees during a Sept. 25, 2024, campaign rally in Mint Hill, North Carolina. Trump’s victory in Tuesday’s election could set the stage for wide-ranging changes to education policy. (Photo by Brandon Bell/Getty Images)

WASHINGTON — Donald Trump’s return to the presidency could set the stage for sweeping changes in U.S. education policy.

Throughout his campaign, Trump has vowed to “save American education,” with a focus on parental rights and universal school choice — offering a sharp contrast to the Biden administration’s education record.

With Trump’s White House victory cemented, here’s a look at where he stands on education:

Getting rid of U.S. Education Department

Perhaps Trump’s most far-reaching plan for education includes his vow to close down the U.S. Department of Education.

The department — just 45 years old — is not in charge of setting school curriculum, as education is decentralized in the United States. The agency’s mission is to “promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.”

Trump has repeatedly called for moving education “back to the states,” though the responsibility of education already mainly falls on states and local governments, which allocate much of the funding for K-12 schools.

Funding boosts

Trump has proposed funding boosts for states and school districts that comply with his vision for education, including adopting a “Parental Bill of Rights that includes complete curriculum transparency, and a form of universal school choice,” according to his plan.

He also wants to give funding preferences to schools who get rid of “teacher tenure” for grades K-12 and adopt “merit pay.”

He could also ramp up funding for schools that have parents hold the direct elections of principals as well as for schools that significantly reduce the number of their administrators.

Trump’s plan also includes the creation of a credentialing body to certify teachers “who embrace patriotic values, and understand that their job is not to indoctrinate children, but to educate them.”

He is also threatening to cut federal funding for schools that teach “critical race theory” or “gender ideology” and vowed to roll back updated Title IX regulations under the Biden administration on his first day back in office.

The updated regulations, which the Biden administration released earlier this year, extend federal protections for LGBTQ+ students.

The final rule rolls back changes to Title IX made under Trump’s previous administration and then-Education Secretary Betsy DeVos.

A slew of GOP-led states have challenged the measure, leading to several legal battles and a policy patchwork throughout the country.

Student debt and higher education

Trump has criticized the Biden administration’s student loan forgiveness efforts,  describing them as “not even legal,” and could let go of any mass student loan forgiveness efforts.

Trump could repeal the administration’s Saving on a Valuable Education, or SAVE, plan, which is currently on hold while tied up in a legal challenge. The sweeping initiative seeks to provide lower monthly loan payments for borrowers and lessen the time it takes to pay off their debt.

Meanwhile, the 2024 GOP platform called for making colleges and universities “sane and affordable,” noting that Republicans will “fire Radical Left accreditors, drive down Tuition costs, restore Due Process protections, and pursue Civil Rights cases against Schools that discriminate.”

The platform also calls for reducing the cost of higher education through the creation of “additional, drastically more affordable alternatives to a traditional four-year College degree.”

Trump has also proposed the “American Academy,” a free, online university that he says would be endowed through the “billions and billions of dollars that we will collect by taxing, fining, and suing excessively large private university endowments.”

Project 2025

Apart from the GOP platform and Trump’s proposals, the Heritage Foundation’s Project 2025 proposes a sweeping conservative agenda that, if implemented, could have major implications for the future of education.

Though Trump has disavowed the conservative think tank’s blueprint, some former members of his previous administration helped craft the agenda.

Some of the education policy proposals outlined in the extensive document include eliminating the U.S. Education Department and Head Start, ending time-based and occupation-based student loan forgiveness and restoring the Title IX regulations made under DeVos.

The proposal also states that “the federal government should confine its involvement in education policy to that of a statistics-gathering agency that disseminates information to the states.”

Major teachers unions react to Trump win

“The voters have spoken. While we hoped and fought for a different outcome, we respect both their will and the peaceful transfer of power,” Randi Weingarten, president of the American Federation of Teachers, one of the largest teachers unions in the country, said in a Wednesday statement.

“At this moment, the country is more divided than ever, and our democracy is in jeopardy. Last night, we saw fear and anger win,” Weingarten said.

Becky Pringle, president of the National Education Association, the country’s largest labor union, said in a statement Wednesday that “this is not the outcome we campaigned for, nor the future we wanted for our students and families, but it is the road through history we now must travel.” 

Education: Where do Harris and Trump stand?

Former President Donald Trump and Vice President Kamala Harris have widely divergent views on education. In this photo, students are shown in a classroom. (Klaus Vedfelt | Getty Images)

This is one in a series of States Newsroom reports on the major policy issues in the presidential race.

As former President Donald Trump and Vice President Kamala Harris sprint to the November finish line, one sprawling policy area has largely fallen out of the spotlight — education.

Though the respective GOP and Democratic presidential candidates have spent comparatively more time campaigning on issues such as immigration, foreign policy and the economy, their ideas surrounding K-12 and higher education vastly differ.

Trump’s education platform vows to “save American education,” with a focus on parental rights, universal school choice and a fight for “patriotic education” in schools.

“By increasing access to school choice, empowering parents to have a voice in their child’s education, and supporting good teachers, President Trump will improve academic excellence for all students,” Karoline Leavitt, Trump campaign national press secretary, said in a statement to States Newsroom.

Trump “believes students should be taught reading, writing, and math in the classroom — not gender, sex and race like the Biden Administration is pushing on our public school system,” Leavitt added.

Meanwhile, the Harris campaign has largely focused on the education investments brought by the Biden-Harris administration and building on those efforts if she is elected.

“Over the past four years, the Administration has made unprecedented investments in education, including the single-largest investment in K-12 education in history, which Vice President Harris cast the tie-breaking vote to pass,” Mia Ehrenberg, a campaign spokesperson, told States Newsroom.

Ehrenberg said that while Harris and her running mate, Democratic Minnesota Gov. Tim Walz, “will build on those investments and continue fighting until every student has the support and the resources they need to thrive, Republicans led by Donald Trump and his extreme Project 2025 agenda want to cut billions from local K-12 schools and eliminate the Department of Education, undermining America’s students and schools.”

Harris has repeatedly knocked the Heritage Foundation’s Project 2025 — a sweeping conservative agenda that includes education policy proposals like eliminating Head Start, ending time-based and occupation-based student loan forgiveness and barring teachers from using a student’s preferred pronouns different from their “biological sex” without written permission from a parent or guardian.

Trump has fiercely disavowed Project 2025, although some former members of his administration crafted the blueprint.

Closing the U.S. Department of Education

Trump has called for shutting down the U.S. Department of Education and said he wants to “move education back to the states.” The department is not the main funding source for K-12 schools, as state and local governments allocate much of those dollars.

In contrast, Harris said at the Democratic National Convention in August that “we are not going to let him eliminate the Department of Education that funds our public schools.”

Living wage for school staff; parental bill of rights

Trump’s education plan calls for creating a “new credentialing body to certify teachers who embrace patriotic values, and understand that their job is not to indoctrinate children, but to educate them.”

He also wants to implement funding boosts for schools that “abolish teacher tenure” for grades K-12 and adopt “merit pay,” establish the direct election of school principals by parents and “drastically cut” the number of school administrators.

In contrast, the Democratic Party’s 2024 platform calls for recruiting “more new teachers, paraprofessionals and school related personnel, and education support professionals, with the option for some to even start training in high school.”

The platform also aims to help “school-support staff to advance in their own careers with a living wage” and improve working conditions for teachers.

Trump also wants to give funding boosts to schools that adopt a “Parental Bill of Rights that includes complete curriculum transparency, and a form of universal school choice.”

He’s threatening to cut federal funding for schools that teach the primarily collegiate academic subject known as “critical race theory,” gender ideology or “other inappropriate racial, sexual, or political content on our children.”

The Democrats’ platform opposes “the use of private-school vouchers, tuition tax credits, opportunity scholarships, and other schemes that divert taxpayer-funded resources away from public education,” adding that “public tax dollars should never be used to discriminate.”

Title IX

Earlier this year, the Biden-Harris administration released a final rule for Title IX extending federal protections for LGBTQ+ students.

The updated regulations took effect Aug. 1, but a slew of GOP-led states challenged the measure. The legal battles have created a policy patchwork and weakened the administration’s vision for the final rule.

The updated regulations roll back Title IX changes made under the Trump administration and then-Education Secretary Betsy DeVos.

Trump vowed to terminate the updated regulations on his first day back in office if reelected.

Student debt and higher education 

Harris has repeatedly touted the administration’s record on student loan forgiveness, including nearly $170 billion in student debt relief for almost 5 million borrowers.

The administration’s most recent student loan repayment initiative came to a grinding halt in August after the U.S. Supreme Court temporarily blocked the Saving on a Valuable Education, or SAVE, plan.

Although little is mentioned about education in Harris’ extensive economic plan, the proposal makes clear that the veep will “continue working to end the unreasonable burden of student loan debt and fight to make higher education more affordable, so that college can be a ticket to the middle class.”

She also plans to cut four-year degree requirements for half a million federal jobs.

Trump — who dubbed the Biden-Harris administration’s student loan forgiveness efforts as “not even legal” — sought to repeal the Public Service Loan Forgiveness program during his administration.

His education platform also calls for endowing the “American Academy,” a free, online university.

Trump said he will endow the new institution through the “billions and billions of dollars that we will collect by taxing, fining, and suing excessively large private university endowments.”

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