President Donald Trump is set to sign a long-anticipated executive order on Thursday, officially directing the closure of the U.S. Department of Education. This move fulfills a key campaign promise and marks a significant shift in federal education policy.

The White House confirmed that Trump will sign the order in a formal event, directing Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education and return education authority to the States, while continuing to ensure the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

However, the executive order is already facing significant legal and political opposition. A coalition of 21 Democratic state attorneys general has filed a lawsuit arguing that Trump lacks the authority to dismantle the department without congressional approval.

The lawsuit contends that the move violates the constitutional separation of powers, asserting that “neither the President nor his agencies can undo the many acts of Congress that authorize the Department, dictate its responsibilities, and appropriate funds for it to administer.”

Political and Legal Roadblocks

Formally closing the Department of Education requires an act of Congress, making the executive order largely symbolic unless Trump can secure legislative backing.

Trump's Republicans hold a 53-47 majority in the Senate, but majority legislation, such as a bill eliminating a cabinet-level agency, would need 60 votes and thus the support of 7 Democrats to pass.

But it seems that the Senate Democrats have shown with no indication that they would support a bill to dissolve the department.

Even so, not all the Republicans are on board with President Trump's plan as there is skepticism about whether such a move is politically viable, given the potential disruption to millions of students and educational institutions that rely on federal funding.

While formally closing the department might be impossible, but the Trump administration could create the same effect by making it nearly impossible for employees to carry out their work.

And the Trump administration has already begun doing just that, by announcing efforts to downsize the department. McMahon recently initiated a drastic reduction of its workforce, laying off nearly half of its employees in what she described as “the first step toward shutting down the department.”

During an interview with Fox News, McMahon revealed that she has been given clear directives from President-to eliminate bureaucratic bloat adn return control of education back to the individual states.

Impact on Students, Teachers, and Funding

Critics argue that shutting down the Department of Education would have dire consequences for students, particularly those from low-income and marginalized communities.

Every year, the department administers billions of dollars in federal aid for K-12 schools, funds programs for students with disabilities, and oversees the federal student loan program, which provides more consumer protection and lower interest rates than private lenders.

Senator Patty Murray (D-Wash.), a leading Democratic voice on education policy, accused Trump and Elon Musk—who has been advising on government efficiency reforms—of “robbing students and families of critical funding.”

“The effects of Trump and Musk’s slash-and-burn campaign will be felt across the country. Students will suffer from the loss of civil rights protections, school districts will struggle with funding shortages, and families will be left without support for financial aid.”

The National Education Association (NEA) also condemned the move, warning that eliminating the department would lead to larger class sizes, making higher education more expensive and out of reach for middle class families, taking away special education services for students with disabilities.

NEA President Becky Pringle accuses President Trump and Musk for aiming their wrecking ball at public schools and the futures of the 50 million students in rural, suburban adn urban communities across America to pay for tax handouts for billionaires.

The Future of Federal Education Policy

Trump has long been a vocal critic of the Department of Education, arguing that education policy should be controlled at the state level.

At a campaign event last year in Saginaw, Michigan, he reiterated his stance: “Your state is going to control your children’s education. We’re moving it out of Washington immediately.”

While Trump claims he can work with Congress to secure support for the department’s closure, he has suggested that the real opposition comes from teachers’ unions, not lawmakers.

“We’d have to work with the teachers’ union, because the teachers’ union is the only one that’s opposed to it.”

As legal battles unfold, the fate of the Department of Education remains uncertain. If the executive order withstands legal challenges and gains congressional backing, it could mark one of the most significant overhauls of federal education policy in U.S. history.

However, opposition from legal experts, educators, and Democratic lawmakers signals a protracted fight ahead. For now, millions of students, parents, and educators await clarity on how this decision will impact the future of American education.