New Executive Order would dismantle U.S. Department of Education, but shuttering it won’t be quick or easy

Photo by Andy Feliciotti on Unsplash

On March 20, 2025, the Trump Administration issued an Executive Order asking the Secretary of Education to take all the steps necessary to facilitate the closure of the U.S. Department of Education. Secretary of Education Linda McMahon will oversee compliance with the Order, which asks the Secretary to identify which of the Department’s functions, programs, and offices are not mandated by statute and eliminate them.  

The Order also tasks her with creating a plan to reassign functions of the Department that could be managed by other agencies. It suggests that Secretary McMahon will work with Congress on legislation that allows programs currently mandated by law to be moved to other agencies. Last week the Department announced a sizable reduction in force that impacted all offices and divisions.  

Eliminating or dismantling the U.S. Department of Education would be a complex process involving significant legal and other challenges. The primary method for dismantling a federal agency is through legislation, and legal opinions have suggested that the U.S. Department of Education cannot be eliminated by Executive Order alone. While it is possible that the Administration could move some U.S. Department of Education programs to other agencies, or shift some authorities to states, both chambers of Congress would have to pass, and the President would have to sign a law to do so. Republicans hold the majority in both chambers, but with only narrow margins. Passing a bill through the Senate requires a 60-vote majority, and with Republicans currently holding 53 seats, passing this legislation would require bipartisan support. 

Prospects for Afterschool Funding 

With regard to federal support for afterschool and summer learning, the Nita M. Lowey 21st Century Community Learning Centers (21st CCLC) program is housed at the Office of Elementary and Secondary Education at the Department. For more than 25 years, the program has played a crucial role for children, youth, families and communities.  It provides nearly 1.4 million students annually across all 50 states with quality afterschool and summer learning programs in more than 10,000 community- and school-based centers. An Afterschool Alliance brief recently highlighted 21st CCLC for its impressive contribution to combatting chronic absenteeism, citing a finding from the U.S. Department of Education that 3 in 5 21st CCLC participants (59%) who were chronically absent the previous year improved their school-day attendance in the 2022-2023 school year. 

Voters recognize the value of afterschool programs. A public opinion poll conducted by Lake Research Partners and New Bridge Strategy last December found nearly 9 in 10 voters (87%) agree that afterschool programs are an absolute necessity for communities, an all-time high for support. At least four in five voters in every demographic and political group agree as well. For example, 91% of urban voters, 87% of suburban voters, and 81% of rural voters agree that afterschool programs are an absolute necessity for their community. And 85% want public funding for these programs increased. 

21st CCLC is what’s known as a “formula grant” to state education agencies. This type of grant provides funding to all states using a needs-based formula under some overarching parameters with significant flexibility to meet state and local needs in serving children and families. The program is authorized and mandated in law as part of the Elementary and Secondary Education Act.   

The federal Department of Education currently provides oversight and technical assistance to the 50 state agencies responsible for state decisions about distributing funds. The U.S. Department of Education oversees 21st CCLC, coordinating program evaluation, providing guidance that helps states interpret the federal statute, and offering quality support to state agencies and local afterschool and summer learning program providers through the National Technical Assistance Center. These local programs funded by 21st CCLC grants benefit from the expertise and successful practices gathered nationwide. That is an important function of the Department of Education, and it will be essential that those supports continue.  

21st CCLC programs operate in coordination with other overarching education laws, such as the Elementary and Secondary Education Act (ESEA), which includes the 21st CCLC program, the Civil Rights Act, and the Individuals with Disabilities Education Act (IDEA). The Department of Education also offers important opportunities through Title I, the Career and Technical Education (CTE) program, Full Service Community Schools, Title IV Part A, which are all mandated by law and can support afterschool and summer learning programs at the local level.  Any reorganization of the Department of Education that would reassign any functions to another agency (for example, by relocating them within the Department of Justice, Department of Labor, or Department of Health and Human Services) would still need to align and ensure all legal requirements (including the goals and purposes of the law) and protections of the laws remain in place. The Department has been the target of unsuccessful elimination efforts in the past.ⁱ 

The Afterschool Alliance will continue to monitor the process as the new Executive Order is implemented, and we will continue to make a vigorous case that federal 21st CCLC funding for local afterschool and summer programs is necessary to ensure students, families, and communities have access to quality programs when school is out. This month the Afterschool Alliance released a new brief describing the impact of 21st CCLC. You can weigh in with Congress now to support 21st CCLC. Make sure you’re signed up to get our Policy Updates. 

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ⁱ Targeted efforts to eliminate the Department of Education began more than 40 years ago, and have received significant political pushback. Most recently, in the House of Representatives, Rep. David Rouzer (R-NC) introduced HR 369 in January, abolishing the Department, and a similar Senate bill was offered in 2024. In 2023, during a debate in the House of Representatives on HR 5, the Parents Bill of Rights Act, Rep. Thomas Massie (R-KY) offered an amendment to eliminate the Department that failed, with 265 members (all House Democrats and 60 House Republicans) voting against it and only 161 House members voting for it.