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“clearly intends” to sign an order targeting her department.
,” she said.
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does – and doesn’t – do, and how looming cuts to the agency could impact daily life on their campuses. They may 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 teachers to teach anything.
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 that 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.
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.
Still confused? Here are answers to eight of the most commonly asked questions about the Education Department.
Can Trump axe 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 created by Congress, Trump cannot close it on his own.
.
She said she “understands” the need to work with Congress to downsize the agency and create 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 the Education Department?
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 happens to my financial aid if the Education Department closes?
Though Trump has promised to shutter the agency, its functions would have to stick around. Why? Because there are laws in place that created 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 obligations under Title IV of the Higher Education Act of 1965 would have to continue elsewhere. The law passed during the Johnson administration requires the government to administer student loan programs, issue grants and ensure that schools receiving federal money don’t discriminate against students. To comply with it, Congress would have to pass a law putting another agency in charge of disbursing things like Pell Grants, which help lower-income students pay for college.
that congressionally appropriated money, including financial aid, won’t be affected by the Trump administration’s plans to downsize the Education Department.
have expressed concerns about the fallout for students.
How would the Education Department closing affect the FAFSA?
after a Biden administration overhaul 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 impacted if the Education Department were shuttered, as long as the people who oversee it were shifted to another agency.
– would create downstream problems for students. Transferring that office, which last year 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 will happen to my student loans?
Federal student loans, like other forms of federal financial aid, will continue to be dispersed as long as Congress keeps the programs around.
Delays and problems could be likely given all the upheaval in Washington. However, laws already passed by Congress obligate the government to continue overseeing student loans.
Will my school still offer the same classes?
The Education Department does not control school curricula, so courses at K-12 schools and on college campuses won’t be affected at all.
Will my college still get funding?
that would collectively strip institutions of billions of dollars was put on hold by a federal judge Wednesday.
for colleges, forcing some campuses to issue hiring freezes or pause graduate admissions.
Will my child lose IEP, special education support or 504 disability accommodations?
No, these educational services are mandated by law and remain protected. Public schools are required under the Individuals with Disabilities Education Act, or IDEA – passed during the Ford administration – 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 monthlong pause left families and advocates in the lurch.
During her Senate confirmation hearing, McMahon floated the idea of moving disability rights enforcement to the Health and Human Services Department, which is overseen by Robert F. Kennedy Jr.
, referencing federal enforcement of protections for students with disabilities. “But I don’t know.”
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.”
(This story has been updated to correct a misspelling/typo.)
Zachary Schermele is an education reporter for USA TODAY. You can reach him by email at zschermele@. Follow him on X at @ZachSchermele and Bluesky at @zachschermele.bsky.social.
What will happen at my school if Trump closes the Department of Education?
