Education
What to expect after Trump’s Department of Education executive order

President Donald Trump signed an executive order Thursday in an effort to “begin eliminating the federal Department of Education.” With the stroke of his pen, he officially set in motion a plan to shutter the 46-year-old agency, as he said, “once and for all.”
But the order stops short of immediately closing the department, which cannot be done without congressional approval. Rather, according to the text of the order released by the White House, it directs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
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At the signing, Trump said federal Pell Grants (a common type of federal undergraduate financial aid), Title I funding and resources and funding for children with disabilities would be “preserved in full and redistributed to various other agencies and departments.”
“But beyond these core necessities, my administration will take all lawful steps to shut down the department,” he said, adding that he’d do so “as quickly as possible.”
The move still promises to upend the key functions the department performs in the broader education system, which include oversight of the federal student loan portfolio, civil rights enforcement in schools and the distribution of billions of dollars to help impoverished and disabled students.
Several big questions about the Department of Education’s future remain unanswered. But there is still a significant amount known about the agency’s history and duties — as well as the many plans conservatives have circulated for decades to unwind the agency.
What does the Department of Education do?
In 1979, Democratic President Jimmy Carter signed legislation that made the Department of Education a Cabinet-level agency. Until that point, the government had a Department of Health, Education and Welfare, created during the Eisenhower administration.
Conservatives have been clamoring to abolish it for more than 40 years — essentially since it was created. Carter’s successor, President Ronald Reagan, vowed to shut it down one year after it opened — and Republicans have basically repeated that call since.
The Education Department is one of the smallest Cabinet-level departments. Its $268 billion appropriation last year represented 4% of the U.S. budget. McMahon announced earlier this month a plan to cut roughly half of the agency’s staff.
Among its most prominent duties, the agency manages the $1.6 trillion federal student loan portfolio for college and postsecondary students. It also distributes billions of dollars in funding for K-12 schools through programs that serve more than 50 million students in nearly 100,000 public schools and 32,000 private schools.
That funding includes more than $15 billion for thousands of so-called Title I schools — schools that receive federal dollars to help low-income families. And it includes more than $15 billion in funding for programs — under the auspices of the Individuals with Disabilities Education Act (IDEA), which provides grants to states for the education of children with disabilities — that ensure disabled students have access to a free and appropriate public education.
The Department of Education’s Office for Civil Rights enforces laws aiming to prevent discrimination in schools, and the agency’s Institute of Education Sciences runs data collection, statistics and research monitoring student outcomes.
The vast balance of power on education, however, still lies with states and local districts, which fund the bulk of K-12 education and set all curriculums.
The U.S. Department of Education has no say in curriculum matters. It does not set requirements for enrollment and graduation in schools, nor does it have a say in the selection or use of school or library books, textbooks or resources.
Schools that receive federal money through Title I programs and IDEA must meet specific conditions and maintain specific reporting rules. Conservatives have long claimed that those requirements are arduous and have pushed for allowing states to have flexibility and freedom to spend the money as they wish.
What would it look like to wind down the Education Department?
Even though Trump cannot fully end the Department of Education himself, McMahon agreed at her confirmation hearing that the administration hopes to present a plan that Congress would support, and Republicans in the House have introduced various plans that seek to eliminate the department. Still, with narrow Republican majorities in the House and Senate, it’s unlikely to move forward.
Yet short of that, the administration has other ways to shrink the department’s footprint.
White House press secretary Karoline Leavitt said ahead of the executive order’s signing that “critical programs will be protected” and that, specifically, student loans and federal Pell Grants would continue to be handled by the department. In addition, a senior administration official said Wednesday night that Title I, student loans and students with disabilities — who rely on IDEA funding — will not be affected.
But it remains unclear how existing services would not be interrupted as the agency is dismantled.
Education advocates have long warned that major cutbacks would dramatically affect the federal government’s enormous student loan portfolio and Title I and IDEA funding. What these cuts would mean for groups who rely on that funding remains one of the biggest questions to emerge after news first broke that the Trump White House was looking to eliminate the agency.
One possibility is that the new framework for education policy could take its cues from the many plans that conservative education activists have circulated for decades on how they’d like to see the department disemboweled. Those plans largely center on transferring key functions of the department to other federal agencies, even though some education experts contend that even those transfers would require congressional approval.
One House bill introduced in January by Rep. David Rouzer, R-N.C., proposes transferring most of the department’s responsibilities to other agencies. Student loan programs would go to the Treasury Department, for example, and job training programs to the Labor Department.
The bill also proposes that the federal government be allowed to provide nearly all other education funding it currently gives to states with almost no conditions or reporting requirements attached.
One plan from February touted by officials at the conservative Manhattan Institute for Policy Research pushed for transferring civil rights enforcement issues in public schools to the Civil Rights Division of the U.S. Department of Justice.
Education advocates have warned that moving those responsibilities to the DOJ would likely result in fewer investigations and less enforcement, because it would mean saddling a smaller team with even more responsibilities. The Justice Department also has discretion in which cases it investigates, whereas the Education Department is required to investigate complaints alleging discrimination within the past 180 days. (The Trump administration’s layoffs at the Education Department earlier this month greatly impacted the agency’s Office for Civil Rights.)
That plan also advocated for spinning off the federal student loan portfolio into an independent financial entity.
Meanwhile, Project 2025 — which pushed for abolishing the whole agency — also advocated for ending Title I funding in phases. It also proposes ending student debt cancellation programs.
Other advocates for conservative education policy have said the federal government should convert most of the funding it gives to states for K-12 programs into block grants, a form of funding that comes with fewer rules and less federal oversight.
But public education advocates have warned that kind of shift could allow red states to pour dollars into private schools, which do not have to abide by federal education civil rights laws.
Under some other GOP proposals, Title I funding for the poorest schools would shift to allow poor students to take that money to private schools if they choose.
In February, a dozen top education officials from GOP-controlled states pitched McMahon on giving out federal school funding as block grants. Those Republicans said they wanted to be allowed to shift funding to support “state-driven initiatives” and “alternative spending approaches,” and asked McMahon to grant them waivers on certain federal requirements that come with their allocations. Red states typically rely more heavily on federal education funding than blue ones.
Private schools that do not receive federal funding are exempt from civil rights laws, such as those barring discrimination based on a student’s race, gender or disability. Private academies also do not have to provide individualized education plans to children with learning disabilities. It’s unclear whether any of the federal civil rights protections overseen by the Department of Education would apply if states used federal dollars to support private K-12 schools under their proposed block grant schemes.
Education
Supreme Court deadlocks 4-4 on nation’s first religious charter school

WASHINGTON — Oklahoma will not be able to launch the nation’s first religious public charter school after the Supreme Court on Thursday deadlocked 4-4 in a major case on the separation of church and state.
The decision by the evenly divided court means that a ruling by the Oklahoma Supreme Court that said the proposal to launch St. Isidore of Seville Catholic Virtual School violates both the federal Constitution and state law remains in place.
As there was no majority, the court did not issue a written decision, and the case sets no nationwide precedent on the contentious legal question of whether religious schools must be able to participate in taxpayer-funded state charter school programs.
A key factor in the outcome was that conservative Justice Amy Coney Barrett, who would have been the deciding vote, did not participate in the case. She did not explain why, but it is likely because of her ties with Notre Dame Law School. The law school’s religious liberty clinic represents the school.

The one-page decision did not say how each justice voted. During oral arguments last month, most of the court’s conservatives indicated support for the school while liberals expressed concern. At least one conservative is likely to have sided with the liberals, most likely Chief Justice John Roberts.
The court will likely be asked to weigh in on the issue in future cases.
St. Isidore would have operated online statewide with a remit to promote the Catholic faith.
The case highlights tensions within the Constitution’s First Amendment; one provision, the Establishment Clause, prohibits state endorsement of religion or preference for one religion over another, while another, the Free Exercise Clause, bars religious discrimination.
The Oklahoma Supreme Court had cited the state’s interest in steering clear of Establishment Clause violations as a reason not to allow the proposal submitted by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa to move forward.
A state board approved the proposal for St. Isidore in June 2023 despite concerns about its religious nature, prompting Oklahoma Attorney General Gentner Drummond to file suit.
The case saw Drummond on the opposite side of fellow Republicans in the state who backed the idea, but he prevailed at the Oklahoma Supreme Court the following year.
The Supreme Court, when Barrett is participating, has a 6-3 conservative majority that often backs religious rights. In recent years it has repeatedly strengthened the Free Exercise Clause in cases brought by conservative religious liberty activists, sometimes at the expense of the Establishment Clause. Some conservatives have long complained that the common understanding that the Establishment Clause requires strict separation of church and state is incorrect.
Lawyers representing the school and the Oklahoma Statewide Charter School Board sought to portray the dispute as similar to a series of recent rulings in which the court said that under the Free Exercise Clause, states cannot bar religious groups from government programs that are open to everyone else.
During the oral argument, Roberts pushed back, indicating that he saw the schools case as different from the previous decisions.
Those cases, he said, “involved fairly discrete state involvement” compared with Oklahoma’s charter school program.
“This does strike me as a much more comprehensive involvement,” he added.
The push for religious public charter schools dovetails with the school choice movement, which supports parents using taxpayer funds to send their children to private school. Public school advocates see both efforts as broad assaults on traditional public schools.
Education
As colleges halt affinity graduations, students of color plan their own cultural celebrations

Graduating students of color at Harvard University and other colleges across the country would end their semester by attending affinity graduation ceremonies — but this year, they had to organize these celebrations without the school’s financial backing.
Harvard, currently battling the Trump administration over a range of issues, halted all of its affinity ceremonies for students this year. This left alumni stepping in to raise funds and students scrambling to find new spaces.
Members of the Harvard Black Alumni Society raised $46,000 for this year’s event after the university announced April 28 that it would no longer fund the ceremonies.
“This rapid response from our alumni network demonstrates the strength and commitment of our community,” Alana Brown, the society’s university relations chair, said in a statement earlier this week.
An attendee of Harvard’s canceled Lavender Graduation, which celebrates LGBTQ students, said on Facebook that a small group of students had organized an independent event.
“It was a beautiful mix of #lgtbqia young people and elders,” the attendee, Peter Khan, added. “It was an honor and privilege to be there.”
Harvard’s Asian American Alumni Alliance said on Facebook that its ceremony was important for students to experience because they provide space for recognition, solidarity, and community in the face of uncertainty. The alliance said the ceremony took place as the Trump administration announced plans to revoke student visas for international students at the university.
These actions come as the Trump administration this week asked federal agencies to potentially end their contracts with the university, worth an estimated $100 million in funding. These threats follow President Donald Trump’s executive order ending federal spending toward DEI, which he calls “radical and wasteful.”
Affinity graduations at most higher education institutions are usually optional and supplement the main commencement ceremony. They are meant to honor students’ academic achievements and cultural identities, specifically those from communities that have “historically been denied access to higher education because of who they are,” according to the Leadership Conference Education Fund, a civil rights policy think tank. This includes disabled students, people of color, Jewish and first-generation students, among others.
The university joins many others across the nation that have canceled affinity graduations after the federal crackdown on funding for colleges. Notre Dame canceled its Lavender Graduation for 50 LGBTQ students, with members of the university’s Alumni Rainbow Community and the Notre Dame Club of Greater Louisville stepping in to host an independent ceremony this month.
Wichita State University, the University of Louisville and the University of Kentucky also canceled some or all of its affinity ceremonies. The Hispanic Educators Association of Nevada said it canceled its event for Latino students because of a lack of financial support.
Harvard University did not respond to NBC News for a request to comment. Earlier this year, the college announced it would “no longer provide funding, staffing, or spaces for end-of-year affinity celebrations. Under the new auspices of Community and Campus Life, the University is building inclusive traditions that reflect the richness of every student’s experience and reinforce our shared identity as one Harvard community.”
Jean Beaman, an associate professor of sociology at the Graduate Center of The City University of New York, said affinity graduations also recognize the range “of challenges and obstacles that students who come from various minoritized populations at predominantly white institutions face as they work towards their degrees.”
One example she cites is affinity graduations for Black students, which speak to “the ways that our accomplishments are not just ours, but also something in line with that of our ancestors and the hurdles of our ancestors, and making that more central to the festivities that you would have in a ‘typical’ graduation.”
Beaman calls the affinity graduation cancellations nationwide “a very disturbing development,” since she said many seem to be acting based on Trump’s executive orders and not on the law.
“It’s a way in which institutions of higher education are participating in anticipatory obedience,” Beaman said.
The Maricopa County Community Colleges District in Arizona canceled a ceremony for Indigenous students within the past few weeks, citing “new enforcement priorities set by the U.S. Department of Education’s Office for Civil Rights,” which affect “programs and activities that focus solely on race, identity, or national origin,” according to an email obtained by NBC News.
Collin Skeets, a member of the Navajo Nation who received his associate degree in secondary education this month from Mesa Community College, said that “it was pretty heartbreaking” and that he even shed some tears over the cancellation. Once again he said he felt like he was again being told “no” after the history of hardships his own Indigenous ancestors had endured in continuing their education.
“Just knowing that I was able to graduate was just an unbelievable feeling, it’s hard to put into words,” said Skeets, who is 36 and a first-generation college student. He said he was looking forward to wearing his traditional clothing to graduation and celebrating with other Indigenous students.
Eventually the Salt River Pima-Maricopa Indian Community intervened, holding a ceremony on its reservation near Scottsdale. Skeets said he felt “so much better” knowing he could share the experience with family and even spoke at the ceremony
“Things kind of fell through at first but then came back and all meshed together in a way that I was able to celebrate with family again and achieve this milestone in my life,” he said.
Beaman of CUNY said she hopes schools will “put their foot down” against the cancellations in the future. Holding affinity graduations off-campus is a “testament of their will and determination,” she said of students, adding that it likely helped them obtain their degrees.
“It’s also a reminder that — both presently and historically — students have often had to be the vanguard of change in institutions of higher education, particularly predominantly white institutions, and I see this as no different from that.”
Education
Judge halts dismantling of Education Department, orders fired workers to be reinstated

A federal judge in Massachusetts on Thursday issued an injunction blocking the Trump administration from dismantling the Department of Education and ordering that fired employees be reinstated.
“The record abundantly reveals that Defendants’ true intention is to effectively dismantle the Department without an authorizing statute,” U.S. District Judge Myong Joun wrote, noting “the Department cannot be shut down without Congress’s approval.”
The judge said an injunction was necessary because “The supporting declarations of former Department employees, educational institutions, unions, and educators paint a stark picture of the irreparable harm that will result from financial uncertainty and delay, impeded access to vital knowledge on which students and educators rely, and loss of essential services for America’s most vulnerable student populations.”
Prior to the mass firings, or reduction in force, “the Department was already struggling to meet its goals, so it is only reasonable to expect that an RIF of this magnitude will likely cripple the Department,” Joun wrote.
A spokesperson for the Education Department, Madi Biedermann, said officials “will immediately challenge this on an emergency basis.”
The cuts were announced after President Donald Trump pledged to shutter the department, and days before he issued an executive order directing Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education,” the judge noted.
In her confirmation hearing, McMahon testified that the administration would not attempt to abolish the department without congressional approval, as required by law, and said that she would present a plan that senators could get on board with.
“We’d like to do this right,” she said, adding that shutting down the department “certainly does require congressional action.”
The judge wrote that the administration also acknowledged in court filings that “the Department cannot be shut down without Congress’s approval, yet they simultaneously claim that their legislative goals (obtaining Congressional approval to shut down the Department) are distinct from their administrative goals (improving efficiency).”
“There is nothing in the record to support these contradictory positions,” the judge added.
“Not only is there no evidence that Defendants are pursuing a ‘legislative goal’ or otherwise working with Congress to reach a resolution, but there is also no evidence that the RIF has actually made the Department more efficient. Rather, the record is replete with evidence of the opposite,” he wrote.
While administration says the reduction in force “was implemented to improve ‘efficiency’ and ‘accountability,’” the judge wrote, the “record abundantly reveals that Defendants’ true intention is to effectively dismantle the Department without an authorizing statute.”
He ordered the administration not to implement Trump’s order, and said it must reinstate federal employees whose employment was terminated on or after Jan. 20. The judge said those moves were necessary “to restore the Department to the status quo such that it is able to carry out its statutory functions.”
It also blocks the department “from carrying out the President’s March 21, 2025 Directive to transfer management of federal student loans and special education functions out of the Department.”
Biedermann, the Education Department spokesperson, blasted the judge in a statement and said the ruling “is not in the best interest of American students or families.”
“Once again, a far-left Judge has dramatically overstepped his authority, based on a complaint from biased plaintiffs, and issued an injunction against the obviously lawful efforts to make the Department of Education more efficient and functional for the American people,” the statement said.
“President Trump and the Senate-confirmed Secretary of Education clearly have the authority to make decisions about agency reorganization efforts, not an unelected Judge with a political axe to grind,” Biedermann added.
Randi Weingarten, the president of the American Federation of Teachers, one of the plaintiffs in the case, praised the ruling, which she said “rightly rejected one of the administration’s very first illegal, and consequential, acts: abolishing the federal role in education.”
“This decision is a first step to reverse this war on knowledge and the undermining of broad-based opportunity,” she said in a statement.
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