What happens if Education Department closes?

Most functions would need to be moved to other federal agencies

By: Zachary Schermele
USA today

WASHINGTON - As President Donald Trump continues his campaign to gut federal agencies, one of his favorite targets has been the Department of Education, which he has vowed to close.
..... Education Secretary Linda McMahon confirmed Friday [03/07/2025] on Fox News that Trump "cleanly intends" to sign an order targeting her department.
..... As talk of imminent change brews, millions of students, parents, teachers, administrators and support staff might be wondering what exactly the Department of Education does - and doesn't do, and how looming cuts to the agency could impact daily life. They might also be asking whether such cuts are even lawful.
..... For starters, the department doesn't decide what kids learn. It has no control over school curricula. And it's not forcing teaches to teach anything.
..... Sending education "back to the states," which Trump has repeatedly called for, is a bit like mandating the sun go back to the sky. It's already there.
..... The federal government does, of course, have some broad authority over what goes on in the classroom environment. No educational program hat receives federal funding - which includes K-12 schools, all public and some private; and colleges, all public and many private - can allow discrimination against students.
..... The Education Department is legally required to ensure that students and teachers with disabilities are treated fairly and that low-income schools get the resources they need to keep pace with more affluent ones. The agency also issues regulations for colleges to hold them accountable for preparing graduates for well-paying jobs.
..... And it functions like a giant bank, doling out billions of dollars to help people pay for college.
..... Here are answers to some of the most commonly asked questions about the Education Department.

Can Trump ax a federal agency?

..... The constitution gives Congress the power to pass laws and directs the president to "take care that the laws be faithfully executed."
..... Because the department was cerated by Congress, Trump cannot close it on his own.
..... McMahon said at her confirmation hearing she "understands," the need to work with Congress to downsize the agency and cerate a "better-functioning Department of Education."
..... Many of the offices within the department were also established by law so legislation would be needed to close them or transfer their functions to other agencies

Can Congress close it?

..... Congress could abolish the department through a new law, but given the GOP's slim margins in the Senate, the likelihood of passing such legislation is slim. At least seven Democrats would have to go along with such a vote, which is highly unlikely.
..... A more likely scenario is that Congress could pass legislation to reorganize the agency's various functions, relocating them elsewhere within the government. But even that situation would require Democrats to get on board, which probably won't happen.

What about financial aid?

..... Though Trump has promised to shutter the agency, its functions would have to stick around. Why? Because there are laws in place that cerated them.
..... Technically, those laws should keep federal financial aid safe.
..... Even if the Education Department were reorganized, which would take an act of Congress, its obligation under Title IV of the Higher Education act of 1965 would have to continue elsewhere. The law requires the government to administer student loan programs, issue grants and ensure that schools receiving federal money don;t discriminate giant students. To comply, Congress would have to pass a law putting another agency in charge of disbursing things like Pell Grants, which help low-income students pay for collage.
..... Federal student loans, like other forms of federal financial aid, will continue to be dispersed as long as Congress keeps the programs around.
..... However, the Federal Student Aid office, which Trump has proposed relocating to the Small Business Administration, has already lost key staff members amid layoffs and buyouts. Whether those departures will have ripple effects that impact students is unclear, though career staffers and student advocates have expressed concerns.

Would FAFSA be affected?

..... The Free Application for Federal Student Aid suffered from delays and glitches after an overhaul by former President Joe Biden's administration that, ultimately, made the Online form simpler and more accessible to more applicants.
..... The FAFSA, which must be submitted to get federal financial aid, theoretically wouldn't be affected if the Education Department were shuttered, as long as the people who oversee it were shifted to another agency.
..... But again: It's unclear right now whether staff turnover in the department - or an attempt to move the Federal Student Aid office to a different agency - would create downstream problems, which last year [2024] employed more than 1,400 people with an array of expertise, would also be a massive undertaking. It could stretch out over months, probably years.

What about college funding?

..... Colleges are already losing federal funding, but it's not tied to the Education Department closing. The Trump administration has taken other steps to diminish financial support for campuses, including altering research funding. A policy shift at the National Institutes of Health that would collectively strip institutions of billions of dollars, was put on hold by a federal judge Wednesday. [03/05/2025]
..... Federal agencies have continued to abruptly cancel and threaten contracts and grants for colleges, forcing some campuses to issue hiring freezes or pause graduate admissions.

Would a closure affect disability accommodations?

..... Some educational services are mandated by law and remain protected. Public schools are required under the Individuals with Disabilities Education Act to provide a "free appropriate public education" to all students with disabilities.
..... However, it may become harder to file complaints. The Education Department's Office for Civil Rights has resumed investigations into disability-related complaints, but only after a month-long pause left families and advocates in the lurch.
..... During her Senate confirmation hearing, McMahon floated the idea of moving disability rights enforcement the Health and Human Service department, which is overseen by
Robert F. Kennedy Jr.
..... Catherine Lhamon, who led civil rights enforcement in schools during the Biden administration denounced the idea in a recent interview.
..... "That transition, even in the best scenario, will cost kids time," she said. "We don't have time."

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