President Trump on Thursday instructed Education Secretary Linda McMahon to begin shutting down the agency, a task that cannot be completed without approval from Congress and sets the stage for a seismic political and legal battle over the role of the federal government in the nation’s schools.
Surrounded by school children seated at desks in the East Room of the White House, Mr. Trump signed a long-awaited executive order that he said would begin dismantling the department “once and for all.” The administration has cited poor test scores as a key justification for the move.
“We’re going to shut it down, and shut it down as quickly as possible,” Mr. Trump said.
The department, which manages federal loans for college, tracks student achievement and supports programs for students with disabilities, was created by an act of Congress. That means, according to Article 1 of the Constitution, only Congress can shut it down. That clear delineation of power — a fundamental component of democracy from the inception of the United States — underscores why no other modern president has tried to unilaterally shutter a federal department.
Mr. Trump, in remarks before signing the order, signaled he might press lawmakers on the issue, adding that he hoped Democrats would join Republicans in supporting the department’s elimination.
“I hope they’re going to be voting for it,” he said, “because ultimately it may come before them.”
But Mr. Trump has already taken significant steps that have limited the agency’s operations and authority. In his first 50 days in office, his administration slashed the department’s work force by more than half and eliminated $600 million in grants. The job cuts hit particularly hard at the Office for Civil Rights, which enforces the country’s guarantee that all students have an equal opportunity to an education.
Mr. Trump’s order contains potentially contradictory guidance for Ms. McMahon. On the one hand, the order directs her to facilitate the elimination of the agency. On the other, she is also mandated to rigorously comply with federal law. The order offers no guidance on how to square the two.