The Trump Education Department has been under scrutiny since Trump’s initial campaign promise to “shut it down and return control to the states.” While the administration has significantly reduced the department’s workforce through layoffs and buyouts, experts and legal scholars assert that abolishing the department requires congressional approval due to the statutory foundations that established it.
Despite the legal constraints, the Trump administration pursued aggressive cuts to the Trump Education Department’s workforce. In February 2025, nearly half the department’s staff were laid off or bought out. The administration argued these reductions would streamline operations and return power to state governments.
However, these actions triggered legal pushback. Democratic-led states and teachers’ unions filed lawsuits challenging the mass firings, asserting they violated statutory mandates requiring the department to implement programs supporting millions of students. According to the American Federation of Teachers, the Trump Education Department oversees the distribution of funds to 26 million children in poverty, 7.5 million students with disabilities, and 10 million college students receiving Pell Grants.
“Donald Trump and Education Secretary Linda McMahon know they can’t abolish the Department of Education outright,” said Senator Patty Murray, the top Democrat on the Senate Appropriations Committee. “But by gutting its core functions, they risk irreparable harm to students, families, and educators.”
Congress plays a critical role in determining the fate of the Trump Education Department. Federal law requires agencies established by statute to maintain their functions unless legislation is passed to eliminate or restructure them.
During her Senate confirmation hearing, Education Secretary Linda McMahon acknowledged the need for congressional cooperation. “Certainly, President Trump understands that we’ll be working with Congress. We’d like to do this right,” McMahon stated.
The executive order Trump signed on February 11 directed federal agencies to identify which functions are statutorily required and report back within 30 days. This move could pave the way for targeted agency reductions while complying with legal frameworks.
Trump’s push to dismantle the Trump Education Department echoes similar efforts by former President Ronald Reagan in the 1980s. Reagan’s administration sought to eliminate the Environmental Protection Agency (EPA) but faced congressional opposition and public backlash. Comparatively, Trump’s approach is more aggressive, with direct layoffs and structural dismantling at the forefront.
Elon Musk, a senior adviser to Trump on government efficiency, has played a provocative role in the debate over the Trump Education Department. Musk, known for his outspoken social media presence, posted on February 7: “What is this ‘Department of Education’ you keep talking about? I just checked and it doesn’t exist.”
While Musk’s remarks reflect the administration’s dismissive stance, legal experts maintain that statutory programs like the Individuals with Disabilities Education Act and the Higher Education Act remain firmly under congressional control.
Teachers’ unions and advocacy groups continue to resist the administration’s efforts. Randi Weingarten, president of the American Federation of Teachers, pledged to fight the cuts “tooth and nail,” emphasizing the legal obligation to protect programs aiding millions of American students.
