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In a move that could significantly reshape the federal government, President Donald Trump is reportedly finalizing an Executive Order aimed at dismantling the Department of Education. This effort aligns with Trump's campaign promise to reduce the size of the federal government, but experts warn that abolishing the agency would be a complex and legally challenging process.
The Legal Hurdle
The Department of Education was created by Congress, and only Congress has the authority to abolish it. Therefore, any attempt by Trump to dismantle the agency would require Congressional approval. Jonathan E. Collins, a professor of political science and education at Teachers College, Columbia University, emphasizes that "legally, it has to start with Congress, not the President." Trump's Executive Order is likely to focus on limiting the Department's functions to those explicitly outlined in statutes and may propose transferring some responsibilities to other departments.
Programs and Funding
Much of the Department of Education's role involves administering programs funded through the federal budget, such as Pell grants and federal work-study programs, which provide financial assistance to students in higher education. The agency also oversees programs like Title I, which supports school districts serving low-income students. These programs have bipartisan support, and lawmakers are keen to ensure that their local schools and universities do not lose funding. As Josh Cowen, an education policy professor at Michigan State University, notes, "You can't just get rid of those funded programs. You have to have a very clear plan for which dollars are going where and to which agencies."
Conservative Support and Opposition
Some conservative lawmakers, like Rep. Thomas Massie from Kentucky, have expressed support for abolishing the Department of Education, arguing that education decisions should be made by parents and local communities rather than the federal government. Massie has reintroduced a bill to terminate the Department, which currently has 30 Republican co-sponsors. However, this stance faces opposition from Democratic lawmakers, who argue that dismantling the Department would harm students and communities. In a letter to the acting Secretary of Education, five Democratic-leaning lawmakers, including Senators Bernie Sanders and Tammy Baldwin, expressed their concerns about Trump's plans, emphasizing the Department's role in ensuring equal access to quality education.
The Role of Courts
The courts are expected to play a crucial role in determining the legality of Trump's actions. Elaine Kamarck, a senior fellow at The Brookings Institution, notes that this is "about testing the extent of presidential power and trying to expand it." The courts will need to assess whether Trump's actions undermine the separation of powers outlined in the Constitution.
Source:
Solcyré Burga, TIME https://time.com/7213488/trump-dismantle-department-of-education
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