Executive Order Aims To Eliminate Department of Education

On March 20, 2025, President Trump signed an Executive Order titled “Improving Education Outcomes by Empowering Parents, States, and Communities”.

The Executive Order’s stated “purpose and policy” is to return to the States “the Department of Education’s main functions.” The order states that “[c]losure of the Department of Education would drastically improve program implementation in higher education.”

The Executive Order’s Mandate to the Secretary of Education to “facilitate the closure of the Department of Education.”

The Executive Order orders the Secretary of Education to take two actions.

First, the Executive Order states that the “Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

The order does not specify what “necessary steps” the Secretary of Education shall take to “facilitate the closure of the Department of Education.”

Second, the Order requires the Secretary of Education to “ensure that the allocation of any Federal Department of Education funds is subject to rigorous compliance with Federal law and Administration policy.” This policy includes “the requirement that any program or activity receiving Federal assistance terminate illegal discrimination obscured under the label ‘diversity, equity, and inclusion’ or similar terms and programs promoting gender ideology.”

The Secretary of Education Says Funds Will Not Be Cut

In a statement released on the Department of Education website, Secretary of Education Linda McMahon says “[c]losing the Department does not mean cutting off funds” and that “we will continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs.” McMahon adds that “[w]e’re going to follow the law and eliminate the bureaucracy responsibly by working through Congress to ensure a lawful and orderly transition.” President Trump stated that functions of the Department of Education would be “redistributed to various other agencies and departments.”

The Trump Administration Reiterates That Federal Funds May Not Be Used for DEI

The Executive Order requires the Secretary of Education to “ensure that the allocation of any Federal Department of Education funds is subject to rigorous compliance” with the “requirement” that programs and activities “terminate illegal discrimination obscured under ‘diversity, equity, and inclusion’” and “programs promoting gender ideology.” This Executive Order comes on the heels of other Executive Orders that target DEI programs. Crowell attorneys recently analyzed those orders here.

What’s Next

It is unclear what “necessary steps” will be taken by Secretary McMahon to close the Department of Education. Because Congress created the Department of Education, any effort to eliminate it will require Congressional approval.

This Executive Order is expected to face legal challenges. It is important to follow developments and consult with legal counsel as needed to mitigate risk. Please contact one of the attorneys below or your regular Crowell contact to learn more.