Can the President Shut Down the Department of Education?

The question of whether the President can shut down the Department of Education (ED) has become a topic of considerable debate, particularly with calls for its dismantling. This article explores the powers of the President, the role of Congress, and the potential implications of such a decision.

The Origins and Role of the Department of Education

In 1979, President Carter signed the Department of Education Organization Act into law, establishing ED. This legislation defined the department’s organizational structure, leadership positions, and core responsibilities. The creation of ED was intended to strengthen the federal commitment to ensuring equal educational opportunity for every individual. The DEOA shifted numerous programs from the Department of Health and Human Services, as well as functions from the Department of Labor, the National Science Foundation, the Department of Justice, and the Department of Housing and Urban Development, to the newly-created Department of Education.

The Department now receives over $268 billion in annual appropriations from Congress, with funding levels specified for the department’s specific programs. The department sends billions of dollars to schools and colleges and helps decipher complex federal laws.

The President's Authority vs. Congressional Power

The President, as the leader of the executive branch, has considerable influence over how Cabinet-level departments operate, including some control over departmental structure, particularly when offices, initiatives, and programs within a department are not defined in legislation. The president also plays an important role in staffing, since several key leadership positions are filled by political appointees.

However, ED was established by an act of Congress, and eliminating the agency would require another act of Congress. Many programs are mandated specifically to be administered by the Education Department. These programs can only be moved or abolished by an act of Congress.

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The Likelihood of Congressional Action

Given the current composition of Congress, it is very unlikely that a bill to shut down ED would attract enough support to pass. Recent polling indicates that abolishing ED is unpopular with voters, with more than three-quarters of Democrats and a plurality of Republicans opposed to the idea.

Potential Impacts of Dismantling ED

If ED were dismantled, existing laws such as Title I (and the rest of the Elementary and Secondary Education Act), IDEA, the Higher Education Act, and several civil rights laws would continue to exist, and other agencies would need to assume responsibilities currently held by ED.

Transferring Responsibilities

Offices that serve the nation’s schools and colleges would go to departments ranging from Labor to Interior. Most notably, the Department of Labor would oversee some of the largest federal funding streams for schools and colleges, including Title I money for schools serving low-income communities. Another deal will put Health and Human Services in charge of a grant program for parents who are attending college. The State Department will take on money to fund foreign language programs. One of the department’s major roles is management of the $1.6 trillion federal student loan portfolio.

Programs Outside of ED

The federal government administers several programs that affect students and schools but do not reside in ED. For example, the Department of Agriculture administers the National School Lunch Program (NSLP), School Breakfast Program (SBP), and Summer EBT Program (funding for kids’ summer meals). The Department of Health and Human Services administers the Head Start program and Child Care and Development Fund, while the Department of Veterans Affairs administers GI bill funds for veterans and their families.

Federal Oversight and Funding

Closing the Department does not mean cutting off funds from those who depend on them-we will continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs. Education officials say that money will continue to be awarded as allocated by Congress, but much of it will flow from another federal agency.

Read also: The Impact on Education

The federal government can withhold (or take back) education funding authorized by Congress in some limited situations, such as if the money is not spent on its intended purpose or if the recipient fails to comply with other provisions of the law authorizing the spending. Federal civil rights laws prohibit any entity that discriminates on the basis of race, ethnicity, national origin, shared ancestry, sex, age, or disability status from receiving any federal funding.

Impact on Specific Programs

Title I-A

Section 204 of the Department of Education Organization Act (DEOA) created the Office of Elementary and Secondary Education (OESE). OESE’s is tasked by Congress with administering Title I-A of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), which provides supplemental funding to low-income school districts. Eliminating Title I-A funding would have dire consequences for America’s students, particularly schools serving low-income families. Title I-A is the largest source of federal funding for K-12 schools, supplying $18.4 billion in the FY2024 federal budget.

Individuals with Disabilities Education Act (IDEA)

Congress transferred administration of IDEA to the Office of Special Education and Rehabilitative Services (OSERS) at the Education Department when it created the department through the DEOA. IDEA provides federal funding for programs that support special education and early intervention services for over 7 million children with disabilities. In FY 2024, OSERS distributed over $15 billion in grants to support states, local education authorities, and schools in meeting their obligations to students with disabilities under the IDEA.

Office for Civil Rights (OCR)

Congress created the Office for Civil Rights (OCR) within the department to protect the rights of students and enforce civil rights in schools. OCR enforces laws that prohibit discrimination in education programs and activities that receive federal financial assistance. Students and families are able to file complaints of discrimination directly with OCR, which investigates the allegations and, if concerns are identified, works with the school to remedy any violations and prevent them from recurring.

Federal Student Aid (FSA)

In 1998, Congress created the office of Federal Student Aid (FSA) to administer student aid. In doing so, Congress directed the department to operate FSA in a specific way, with a particular management structure, compensation system, and goals. Congress mandated that FSA operate within the department itself, with policy set by, and oversight provided by, the Secretary of Education. Significant changes to FSA could lead to a reduction in or elimination of Congressionally-mandated financial aid programs and loan forgiveness plans, such as the Pell Grant and Public Service Loan Forgiveness (PSLF).

Concerns and Criticisms

Critics argue that the Department of Education has failed its mission and that it has been overrun by liberal thinking. They believe that sending education back to the states will empower states to take charge and advocate for and implement what is best for students, families, and educators in their communities.

However, others argue that dismantling ED would create chaos and uncertainty, particularly in the administration of federal student aid funds. They stress that certain federal student aid programs are enshrined in statute and that cutting financial aid blocks low-income students from attending college.

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