The Department of Education could essentially become just a big building with empty offices.
In September 2023, Donald Trump’s presidential campaign announced 10 principles for reforming education. Chief among them was closing the Department of Education in Washington, and sending “all education work and needs back to the states.”
The president-elect has maintained that pledge, even though he appointed a secretary of education (Linda McMahon) to lead a federal agency he vowed to eliminate.
He also promised to support universal school choice, reverse “gender-affirming” care practices in schools, and leverage the department’s funding mechanisms to end Critical Race Theory and Diversity, Equity, and Inclusion programs in K–12 and higher education.
But how exactly would Trump go about making these changes, and close the $80 billion department?
Neal McCluskey, director of the Cato Institute Center for Education Freedom in Washington, said Congress created the Department of Education and is, therefore, the only agency that can eliminate it.
Under Senate filibuster rules, support is required from 60 of the 100 members, but McCluskey doesn’t think there are enough votes to make that happen.
“He can’t just snap his fingers and make it [Department of Education] go away,” McCluskey told The Epoch Times. “It seems unlikely if no Democrats get on board.”
The department, established in 1979, is also the smallest federal cabinet with about 4,100 employees, McCluskey said.
As something not considered a sacred pillar of the U.S. government, there may be enough bipartisan support to shrink the agency by moving some functions to other federal agencies.
McCluskey said the Constitution does not guarantee the right to education.
Public schools and higher education institutions are mainly funded at the state and municipal levels, while state and local boards of education mandate curriculum, graduation requirements, employee credentials, and annual operating budgets.
Private colleges, though mainly funded by tuition and donations, still get federal financial aid for students.
Higher education financial aid programs, for example, could be moved to the Treasury.
Civil Rights functions for investigating discrimination and harassment complaints at schools and college campuses could easily be handled by the Department of Justice.