The U.S. Dept. of Education Cannot Be Eliminated by the President 

This would require an act of Congress, but it is unlikely to occur based on the current composition of the Senate. However, the DoE could be significantly weakened due to staffing cuts.  

Title I and IDEA Would Remain Intact Regardless of the Fate of the DoE 

A president cannot eliminate such offices or programs within the DoE without an act of Congress. These programs have bipartisan support among Congress and their constituents and are unlikely to be eliminated. There are early indications that the President’s budget recommendations will include level funding for Title I and potential increases for IDEA. 

Congress Controls Spending, Not the President

The Constitution dictates that Congress has the power to set budgets and control government spending. This is one of the main reasons why changes to key education programs will be difficult for the administration to enact. 

Moving Title I or IDEA to Another Department Via Block Grants Seems Unlikely

There has been some discussion about moving these programs to other departments, such as the Department of Health and Human Services, and reducing federal government involvement by distributing funds via block grants to the states. Such moves would require an act of Congress, and seem unlikely for the reasons mentioned above. If these changes were to occur, it could create delays in disbursements as these new processes are created. However, this scenario is unlikely to occur. 

The President Cannot Dictate What is Taught in Schools 

Federal law is explicit in prohibiting the federal government from withholding funds in order to undermine local control and academic freedom. Prior attempts have been struck down by the courts. However, if the Administration is determined to press its agenda, we could see it target what it labels as civil rights violations—particularly those related to conservative policies on race and gender. These disputes could likely end up in lengthy court battles, which may have at least a temporary impact on funding for the districts or states in question. 

The President Can Legally Withhold Funds from States Only Temporarily 

Federal law states that a president can withhold funds for only 45 days, after which those funds must be released unless Congress decides to approve the particular withholding. The current administration seems to be challenging this law with the cancellation of remaining Education Stabilization Fund extensions, as well as the threats to withhold funding to states who fail to certify that they will eliminate DEIB practices. It’s not yet clear how the courts might intervene in these situations. Several states are already considering legal action.

Uncertainty Regarding Federal Funding Will Likely Cause District Purchasing Delays

In broad strokes, federal funding accounts for about 11% of K-12 funding sources, with the remainder roughly split between state and local governments. (This is not counting pandemic-related funds). It’s important to keep in mind that these percentages vary widely depending on location and demographics. For most districts, the 11% of their budget coming from the federal government has a meaningful impact on their purchasing decisions. 

Funding Uncertainty May Affect Some Products and Services More than Others

Core instructional materials, student information systems, and summative and benchmark assessment products may see limited impact. Supplemental and intervention programs, tutoring, afterschool learning, SEL programs, and teacher training may face purchasing delays from districts due to federal funding uncertainty.

Can Trump Really Abolish the Department of Education?

New York Times