On March 20, 2025, President Trump signed an Executive Order entitled “Improving Outcomes by Empowering Parents, States and Communities.” The Order directs Secretary of Education Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education.”
The Executive Order does not dissolve the U.S. Department of Education (USDOE). USDOE was established by the Department of Education Organization Act in 1979 and can only be dissolved by an act of Congress. However, the Order outlines the President’s intent to “return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
Following his signing of the Executive Order, President Trump made a statement from the Oval Office that the student loan portfolio would be moved to the jurisdiction of the Small Business Administration. President Trump added that issues surrounding students with disabilities, as well as nutrition programs, would be moved to the Department of Health and Human Services. No timeline or details of a plan to move these programs has been provided.
The Executive Order follows the March 11 announcement of the implementation of a reduction in force (RIF) impacting nearly 50% of the USDOE’s workforce, from 4,133 employees at the beginning of the year to roughly 2,183. As part of these reductions, USDOE closed seven of its 12 regional civil rights enforcement offices, including the Cleveland office, which oversees complaints filed in Ohio.
Several lawsuits have been filed in response to the administration’s recent actions, including:
- On March 13, the state attorneys general for 21 states filed a complaint arguing that the mass layoffs will make it impossible for USDOE to carry out its congressionally-mandated responsibilities.
- On March 14, two parents and a national disability advocacy organization, the Council of Parent Attorneys and Advocates (COPAA) filed a complaint alleging the USDOE layoffs will impede the ability of the office for civil rights to conduct anti-discrimination investigations.
- On March 24, two separate complaints (available here and here) were filed that argued that the March 20 executive order will harm educators, parents and students, and that it unlawfully oversteps Congress’ authority.
OSBA’s Division of Legal Services will continue to monitor the status of these developments and provide updates, as available.