New Trump EO Aims to Eliminate Department of Education

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On March 20, 2025, President Donald Trump signed an executive order (EO), “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the secretary of education “to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education ….”

The EO’s stated primary goal is to return the “authority” over education to the states. The EO does not provide a plan for “closure.” It reiterates that the use of Department of Education funds for any program or activity aimed at promoting diversity, equity, and inclusion or “promoting gender ideology” will be terminated.

The White House also issued a fact sheet providing more insight into the administration’s motivation and goals with respect to K-12 education. The fact sheet emphasizes the administration’s advocacy for school choice programs, also known as vouchers, that allow families to use public funds to send their children to faith-based and other private schools.

Notably, the Department and many of its functions were created by statute and cannot be eliminated without an act of Congress. Termination of half the Department’s staff in recent weeks has raised questions about its capacity to continue mandated functions.

It is not immediately clear what additional steps the administration intends to take or how that will impact individual educational institutions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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