Fact Check Analysis: Trump to sign order aimed at closing Education Department

Fact-Check Analysis: Trump’s Executive Order on Education Department

Introduction

Recent reports claim that President Trump is set to sign an executive order aimed at closing the U.S. Department of Education. However, some readers have questioned whether the president has the legal authority to do so without congressional approval. This fact-check investigates the accuracy of these claims and explores the legal and policy implications of such an order.

Historical Context

The U.S. Department of Education was established in 1979 to coordinate federal education policies and administer key programs such as financial aid and support for disadvantaged students. Over the years, various political leaders have debated scaling back or even eliminating the department, arguing that education should be primarily a state and local responsibility. However, no administration has successfully dismantled the agency due to legal and logistical challenges.

Fact-Checking Specific Claims

Claim #1: Trump’s Executive Order Can Unilaterally Close the Education Department

The article states that Trump’s executive order directs the education secretary to “take all necessary steps” to close the department. However, eliminating an executive agency requires congressional approval. Under U.S. law, the Department of Education was created through the Department of Education Organization Act of 1979, meaning it cannot be unilaterally dissolved by an executive order. Congress would need to repeal or amend the law, requiring bipartisan support. Experts agree that the likelihood of this happening is minimal.

Claim #2: The Executive Order Will Not Impact Federal Education Programs

The article notes that an administration official claimed key education programs such as Title I and IDEA “will NOT be touched.” However, if the department were to shut down, these programs would need to be reassigned to other agencies or administered at the state level—both of which require significant legislative approval and coordination. Without clear guidance on how these programs would continue, it is misleading to assert they will remain unaffected.

Claim #3: The Executive Order Aims to Return Education Oversight to the States

The article suggests that Trump’s order is designed to return control over education policy to individual states. While it is true that state and local governments provide most education funding and set policies, the federal government enforces key protections such as civil rights laws, funding for disadvantaged schools, and student loan administration. Simply dissolving the department does not automatically transfer these responsibilities to states—it would require additional structural and legal adjustments.

Conclusion

While the article accurately reports that Trump is directing the Education Secretary to work toward closing the department, it lacks clarity on the limitations of executive authority and the likelihood of success. The claim that education oversight will seamlessly transfer to states is also lacking in detail. Additionally, assurances that federal programs will remain untouched do not account for the legal uncertainty surrounding the department’s dissolution. Overall, the article presents the executive order’s intent without fully addressing the legal and practical hurdles involved.

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