In this part of our Executive Order Analysis, KingSpry’s Managing Partner and Education Law Attorney, Jessica F. Moyer, Esq., and attorney Paige Gross review President Trump’s latest Executive Order, “Improving Education Outcomes by Empowering Parents, States and Communities,” and details how schools can proactively prepare for any potential implications of the “Executive Order.”
Details of the Executive Order
On March 20, 2025, President Trump signed the Executive Order, directing the Secretary of Education to facilitate the closure of the Department of Education (the “Department”) and to return authority over education to the States and local communities.
The Executive Order requires the Secretary of Education to take all lawful steps necessary to close the Department, while “ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.” Additionally, the Secretary of Education is to ensure that any allocated Department funds are subject to “rigorous compliance with Federal law and Administration policy.” Specifically, this includes the requirement that any program receiving Federal funding “terminate illegal discrimination under the label ‘diversity, equity, and inclusion’ and programs promoting gender ideology.”
While the Executive Order does not officially eliminate the Department, it does call for the Department to be closed to “the maximum extent appropriate and permitted by law.” Congressional approval is required to officially close the Department, as Congress is provided the sole authority to create and eliminate a federal agency or department.
The Executive Order may be challenged in Federal court, potentially delaying or negating its implementation. Current litigation looms in Federal court over concerns that the Department could no longer carry out its constitutionally mandated responsibilities after the Department announced the dismissal of nearly half its staff.
Responsibilities of the Department
While the Department provides Federal funding to support students in low-income and rural areas and those students with disabilities, it is unclear how the Executive Order will impact the Department’s work or existence.
The Department is responsible for national education policies and programs. One of its primary responsibilities is to promote student achievement by ensuring equal access to education and improving the quality of schools across the country.
Its main functions include:
Funding Schools and Programming. The Department provides grants and financial aid to students and schools, provides Federal funds for low-income students under Title I, and supports special education.
Setting Education Policy. The Department develops Federal policies for schools and colleges, enforces laws on discrimination and civil rights in education, and oversees and enforces Federal laws such as the Every Student Succeeds Act (ESSA) and the Individuals with Disabilities Act (IDEA).
Data Collection and Research. The Department conducts research on education trends, student performance, and school effectiveness to help improve education for all students.
Protection of Students’ Rights. The Department ensures schools follow Federal laws regarding discrimination, accessibility, and equal education opportunities, and conducts investigations of complaints related to potential violations of Federal laws.
Bottom Line for Schools
While the Executive Order contains several provisions that may cause schools concern, it does not require schools to take action at this time.
Schools should contact their local legal counsel or one of the Education Law Attorneys at KingSpry to address their unique needs and concerns.
