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Trump and eliminating the Department of Education


President-elect Donald Trump has made clear his intent to dramatically reshape the U.S. education system by vowing to eliminate the Department of Education (DoE) and devolve its responsibilities back to state governments. This move would be a historic shift, as no federal Cabinet department has ever been fully dissolved without being reorganized in some manner. Education policy experts are divided on whether such a proposal is feasible or beneficial, but there is little doubt that it would represent one of the most ambitious government restructuring efforts in recent U.S. history.

The Case for Cutting the Department of Education

Frederick M. Hess, senior fellow and director of education policy studies at the American Enterprise Institute, voiced support for Trump’s proposed changes. "The Department of Education is extraordinarily bureaucratic. It creates extraordinary amounts of red tape for the nation’s schools, especially relative to the money it actually provides," Hess said. He argued that under the Obama and Biden administrations, the DoE became a "political entity" promoting specific ideological agendas, a dynamic Hess believes has been "massively problematic."

According to Hess, the argument for eliminating the department gains further weight when considering the priorities of the two most recent Democratic administrations. “Obama and Biden make the best possible case for abolishing the department,” Hess stated. “So, yeah, downsizing the department, or even abolishing it, is certainly wholly sensible.”

The Roadblock: Legislative Hurdles

However, the path to abolition would not be straightforward. As Hess pointed out, dismantling the DoE outright would require Congressional legislation, and the necessary votes may be elusive. "You need 60 votes in the Senate unless the filibuster were to be abolished first," he said. With the Senate split between Republicans and Democrats, it seems unlikely that such a proposal could gain the necessary traction.

A more feasible option, according to experts, would be passing a reconciliation bill that could defund certain programs and reduce the size of the department. This type of bill, which aligns with the congressional budget resolution, would only require 50 votes in the Senate, with Vice President-elect J.D. Vance providing the tie-breaking vote.

“Congress would also have to amend legislation that grants the Secretary of Education authority to make certain decisions to the new secretaries, or other officials,” explained Neal McCluskey, director of the Cato Institute’s Center for Educational Freedom.

Alternatively, Trump could use executive actions to reduce the scope of the department's functions. Chester E. Finn Jr., distinguished senior fellow at the Thomas B. Fordham Institute, suggested that while dissolving the department entirely would be challenging, many of its roles could be redistributed to other federal agencies.

“Eliminating the agency isn’t the same as eliminating the myriad programs that it runs," Finn noted. "Undoing those functions means dealing separately with the laws that created them—dozens and dozens."

Challenges and Practical Considerations

One of the key concerns is the logistical complexity of transferring or eliminating the programs managed by the DoE. Finn emphasized that while a symbolic act of abolishing the department could happen, Congress would still need to address the many existing programs and functions that the DoE oversees, such as Pell Grants, special education funding, and Title I grants for low-income school districts.

"Many programs would have to be cut or rewritten," Finn said. "But there would be serious pushback from interests that benefit from the money."

McCluskey suggested that it could take several years to transition these programs to the states, with K-12 education funds possibly being block-granted to the states in phased reductions. "The transition could be done in a couple of years, though three might be more realistic," he said.

Impact on Federal Workers

If the DoE were eliminated, over 4,000 employees would be affected. However, not all would lose their jobs, Finn pointed out. "A few hundred bureaucrats—attached to the office of the secretary, for example—would be eliminated. But the rest are attached to programs and functions that could be transferred to other departments."

McCluskey noted that the impact on federal workers would largely depend on whether their positions are absorbed by other departments. "Some redundancies may arise with the merging department, impacting which bureaucrats are retained or eliminated."

What Programs Would Be Affected?

The Department of Education allocates billions in federal funds to education every year, and its programs touch every corner of the education system. In 2024, the department’s budget is estimated at around $80 billion, with significant portions directed to Pell Grants, Title I funding, and special education.

Hess identified these three programs as the largest and most vulnerable targets in the event of an abolition. "Pell Grants for low-income students, Title I for disadvantaged schools, and special education funding could be eliminated or drastically reduced," he said. "The savings could be used for debt reduction."

Yet, even with widespread support for reducing federal oversight, both Republicans and Democrats are unlikely to support cuts to these popular programs. "Not only do Democrats not want to cut them, but neither do Republicans for the most part," Hess explained, despite their broader criticisms of federal overreach.

What Would Replace the Department of Education?

In all likelihood, even if the DoE were abolished, many of its functions would simply be moved to other departments. Finn suggested that the Department of Justice could absorb the Office for Civil Rights, which enforces anti-discrimination laws in schools. Other responsibilities, such as student loan management, could be transferred to the Treasury, while K-12 education programs could fall under the Department of Health and Human Services, effectively recreating the pre-DoE structure of the Department of Health, Education, and Welfare.

Another option, McCluskey noted, could be a merger of the Department of Education and the Department of Labor, an idea floated during Trump’s first term.

State Impact and Future Tax Concerns

If the DoE is abolished, the most immediate impact would be on states that rely heavily on federal education funding, especially those serving low-income students. "Poor states, particularly in the South, would suffer the most," Finn said. However, Hess argued that the impact would likely be minimal. "In K-12 education, the federal share of spending is really very small," he noted, with the federal government contributing only about 10% of total education funding.

While the abolition of the DoE could shift the burden to states, McCluskey and Hess suggested that states might not need to raise taxes to compensate for lost federal funds. "State education departments could likely be shrunk because they are tasked with complying with federal regulations. With fewer federal demands, states could reduce their own administrative costs."

Civil Rights Investigations and Campus Antisemitism

One of the more controversial aspects of the Trump administration’s education agenda involves the handling of civil rights cases. The Department of Education’s Office for Civil Rights (OCR) has been at the forefront of investigating allegations of discrimination, including an uptick in campus antisemitism following the terrorist attacks in Israel in October 2023.

Trump has vowed to use federal power to address alleged civil rights violations, including threats to cut funding from colleges and universities found guilty of anti-Semitic discrimination. Whether or not the OCR remains within the Education Department or moves to another agency, Finn suggested that civil rights enforcement would continue under a different structure, most likely within the Department of Justice.

Hess predicted that, should Trump have control over OCR, it would lead to an aggressive approach to combating antisemitism on college campuses, likely involving high-stakes legal battles and pressure on universities to comply with federal civil rights laws.

Conclusion

While the idea of abolishing the Department of Education may seem far-fetched, experts agree that many of its functions could be shifted or restructured. The challenges of dissolving the department, however, are immense—requiring legislative action, interdepartmental coordination, and significant political will. The coming months will likely provide more clarity on whether this radical vision for the future of American education will be realized.

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