On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed Secretary of Education, the administration has taken a number of significant steps to implement its policy priorities for higher education. These have included executive orders targeting DEI programs and gender-inclusive policies,[1] a Dear Colleague Letter interpreting the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard,[2] and new Title IX investigations related to all-gender restrooms and policies that allow for participation in athletics based on gender identity. With Secretary McMahon confirmed, institutions should expect further acceleration of the administration’s higher education agenda. Here’s what we know and what we can expect next.
Secretary McMahon’s Confirmation Indicated the Key Issues for this Administration
During the confirmation hearing last month, senators focused their questions on actions the Trump administration had already taken at that point:
- Secretary McMahon attempted to assuage concerns regarding plans to eliminate federal funding for education via the dismantling of the Department of Education (the Department). She emphasized that it is not her or President Trump’s goal to zero-out federal funding, but only to have such funding administered more efficiently.
- Title VI enforcement with respect to antisemitism was also a focus. Secretary McMahon articulated her intention to pursue vigorous enforcement. She expressed support for revoking federal funds for institutions that do not address antisemitism on campus, and for revoking student visas for international students who participate in “antisemitic harassment.”
- Secretary McMahon also reiterated her support for President Trump’s executive order reinterpreting Title IX to prohibit transgender women from competing in women’s sports or using women’s locker rooms.[3] She stated that under her leadership, the Department would prioritize investigating and enforcing compliance with that interpretation of Title IX.
Secretary McMahon’s Team Has Been Awaiting Her Arrival at the Department
Over the past month, the Department has announced two slates of political appointees who will serve under Secretary McMahon and help her execute the Trump Administration’s objectives.[4] These appointees include Chief of Staff Rachel Oglesby, Deputy Chief of Staff Jonathan Pidluzny, Deputy Chief of Staff for Operations Chase Forrester, Deputy Assistant Secretary for Policy with the Office for Civil Rights (OCR) Craig Trainor, and Chief Speechwriter Andrew Cuff, all of whom, like Secretary McMahon, have previously worked for the America First Policy Institute, a conservative think tank founded in 2021.
Notably, two key political appointees come to OCR from congressional committees that have investigated allegations of antisemitism on college campuses. Craig Trainor most recently served as Senior Special Counsel with the House Judiciary Committee under Chairman Jim Jordan, where he investigated allegations of suppression of free speech and antisemitic harassment at institutions of higher education. In addition, David Samberg, named as Counsel for OCR, most recently served as Investigative Counsel for the House Committee on Education and the Workforce where he worked on the Committee’s investigation into allegations of antisemitism at colleges and universities.[5]
Secretary McMahon Has Framed Her Role as Overseeing the Department’s “Final Mission”
Secretary McMahon supports President Trump’s plans to dismantle the Department of Education, testifying during her confirmation hearing that she intends to present Congress with a plan to do so that she believes “senators could get on board with.”[6] Shortly after being sworn in, Secretary McMahon released a statement titled “Our Department’s Final Mission” reiterating her commitment to “restore the rightful role of state oversight in education and to end the overreach from Washington.”[7] While precise plans are not clear, the Statement indicates that the Department will partner with Congress and other federal agencies in a historic overhaul to eliminate “bureaucratic bloat” as part of the Department’s “final mission.”[8]
Although the White House previously suggested that President Trump would sign an executive order by the end of February in furtherance of the effort to shutter the Department, we have yet to see this executive order materialize.[9] From a legal perspective, President Trump cannot abolish the Department without Congressional approval. However, we can expect to see continued, unilateral steps to eliminate programs and personnel in line with the steps taking place at other agencies. The Department has already put dozens of employees on administrative leave and offered a cash payout to other staffers to voluntarily quit in advance of a further reduction in force.[10]
With Secretary McMahon Confirmed, Expect to See Changes Accelerate
Cuts to Department of Education personnel and contracts by the Department of Government Efficiency (DOGE) are likely to continue and could accelerate. Confirmation of cabinet secretaries over the past month has prompted additional personnel cuts within their respective agencies and departments. For example, in the days after Robert F. Kennedy Jr. was sworn in as Secretary of Health and Human Services, the agency fired thousands of employees in coordination with DOGE.[11] In her confirmation hearing, Secretary McMahon downplayed cuts to Department of Education contracts that DOGE had already directed,[12] but we can expect to see increased coordination between DOGE and Secretary McMahon in light of her charge to dismantle the Department.
With Secretary McMahon in place, we may see the Department of Education’s enforcement efforts become more integrated with those of other agencies, particularly when it comes to antisemitism. Such integration both furthers Secretary McMahon’s pledge to vigorously enforce Title VI when it comes to antisemitism, as well as efforts to transition functions from the Department of Education to other agencies. The Department of Justice’s Antisemitism Taskforce will play a leading role and has already announced visits to 10 college campuses to investigate alleged incidents of antisemitism.[13] Joint work with the Department of Justice will also include the joint Attorney General-Secretary of Education guidance “regarding the measures and practices required to comply with Students for Fair Admissions” directed by President Trump in his week-one executive order on DEI.[14] In sum, with Secretary McMahon sworn in, the appointment of key leadership, and the continued focus by the White House on institutions of higher education, the Department is poised to take significant steps to further the Trump Administration’s agenda for college campuses in the near term. Institutions should anticipate cuts to Department personnel and programs, alongside intense scrutiny of compliance with recent executive actions.
Footnotes
[1] Ending Illegal Discrimination and Enforcing Merit-Based Opportunity, Sec. 3(a) (Jan. 21, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/; Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, (Jan. 20, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/; Keeping Men Out of Women’s Sports,(Feb. 5, 2025), https://www.whitehouse.gov/presidential-actions/2025/02/keeping-men-out-of-womens-sports/.
[2] US Dep’t of Educ., Office for Civil Rights, Dear Colleague Letter (Letter) (Feb. 14, 2025), https://www.ed.gov/media/document/dear-colleague-letter-sffa-v-harvard-109506.pdf.
[3] Keeping Men Out of Women’s Sports, (Feb. 5, 2025), https://www.whitehouse.gov/presidential-actions/2025/02/keeping-men-out-of-womens-sports/.
[4] U.S. Department of Education Announces Incoming Trump-Vance Senior Appointees, (Jan. 23, 2025), https://www.ed.gov/about/news/press-release/us-department-of-education-announces-incoming-trump-vance-senior-appointees; U.S. Department of Education Announces Additional Trump-Vance Appointees, (Feb. 28, 2025), https://www.ed.gov/about/news/press-release/us-department-of-education-announces-additional-trump-vance-appointees.
[5] See Republican Staff Report: Antisemitism on College Campuses Exposed, Committee on Education & the Workforce (Oct. 31, 2024), https://edworkforce.house.gov/uploadedfiles/10.30.24_committee_on_education_and_the_workforce_republican_staff_report_-_antisemitism_on_college_campuses_exposed.pdf?utm_source=118th+Members%2C+Chiefs%2C+And+Comms+Directors&utm_campaign=a803eb615c-EMAIL_CAMPAIGN_2019_02_04_09_01_COPY_01&utm_medium=email&utm_term=0_3985f74780-a803eb615c-.
[6] Cory Turner, Jonaki Mehta, “At McMahon's confirmation hearing, it was the Education Department on trial,” NPR, (Feb. 13, 2025), https://www.npr.org/2025/02/13/nx-s1-5258255/trump-cabinet-picks-linda-mcmahon-confirmation-hearing.
[7] Secretary McMahon: Our Department’s Final Mission, (Mar. 3, 2025), https://www.ed.gov/about/news/speech/secretary-mcmahon-our-departments-final-mission.
[8] Id.
[9] Yamiche Alcindor, Alexandra Marquez, and Rebecca Shabad, “White House preparing executive order to abolish the Education Department,” NBC News, (Feb. 4, 2025), https://www.nbcnews.com/politics/donald-trump/white-house-preparing-executive-order-abolish-department-education-rcna190205; Cory Turner, “Trump is Weighing Big Cuts to the U.S. Education Department,” NPR, (Feb. 4, 2025), https://www.npr.org/2025/02/03/nx-s1-5282233/trump-to-make-big-cuts-to-education-department.
[10] Lexi Lonas Cochran, “Education Department offers $25K for staffers to quit,” The Hill (Mar. 3, 2025), https://thehill.com/homenews/education/5172753-education-department-staffer-buyouts-trump-administration-cuts/.
[11] See, e.g., Lia DeGroot, “Agency firings prompt worries about preparedness, FDA inspectors,” Roll Call, (Feb. 19, 2025), https://rollcall.com/2025/02/19/agency-firings-prompt-worries-about-preparedness-fda-inspectors/; Meg Kinnard, “A comprehensive look at DOGE’s firings and layoffs so far,” AP News, (Feb. 21, 2025), https://apnews.com/article/doge-firings-layoffs-federal-government-workers-musk-d33cdd7872d64d2bdd8fe70c28652654.
[12] Annie Ma, “Senate Confirms Linda McMahon as Trump’s Education Secretary,” (Mar. 3, 2025), https://time.com/7264071/education-department-secretary-linda-mcmahon-wwe-trump-cabinet-senate-confirmation/.
[13] Federal Task Force to Combat Antisemitism Announces Visits to 10 College Campuses that Experienced Incidents of Antisemitism, (Feb. 28, 2025), https://www.justice.gov/opa/pr/federal-task-force-combat-antisemitism-announces-visits-10-college-campuses-experienced.
[14] Ending Illegal Discrimination and Enforcing Merit-Based Opportunity, Sec. 5 (Jan. 21, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/.
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