Sharing the Facts About State Authority and Education

In the early days of the second Trump administration, officials signaled that they intended to dismantle the U.S. Department of Education. They claimed this was part of an effort to return authority over education to the states—even though states already possess that authority. Supporting public education is a responsibility shared between the federal and state governments. Ultimately, states control day-to-day school operations, curriculum standards, teacher certification, and educational policy. But they work in partnership with the federal government, which provides resources and support to state officials through the Department of Education.

On March 20, 2025, President Trump signed an executive order directing Education Secretary Linda McMahon to use her authority to shut down the department to the maximum extent possible. (Only Congress can formally eliminate federal agencies.)

But that executive order was just the administration’s latest step to hamper the department. On Feb. 11, the Department of Government Efficiency (DOGE), a Trump administration initiative without congressional oversight, announced plans to effectively eliminate the Department of Education’s research arm. (Congress, not the White House, is tasked with making decisions about federal spending.) It said it terminated nearly $900 million in contracts and grants, classifying them as wasteful spending. DOGE, which is focused on slashing the federal budget and workforce, has used these grounds for cuts across several federal agencies. This funding abruptly ended work meant to keep children safe in schools, ensure they can compete in the job market, and support those with disabilities.

And on March 11, the department laid off more than 1,300 employees. Two days later, a coalition of 21 attorneys general from across the country sued President Trump and Sec. McMahon to block them from laying off any additional department employees or taking any other actions that would dismantle the department.

“It is a bedrock constitutional principle that the President and his agencies cannot make law. Rather, they can only—and indeed, they must—implement the laws enacted by Congress, including those statutes that create federal agencies and dictate their duties,” the attorneys general wrote. “The Executive thus can neither outright abolish an agency nor incapacitate it by cutting away the personnel required to implement the agency’s statutorily-mandated duties.”

Here are some key takeaways about the proposed cuts to the Department of Education, and its impact on states:

• The U.S. Constitution divides power between the federal government and the states. Each have their own set of authorities, with the states as power centers.
  • On issues of critical national importance, like public education, the state and federal government share responsibilities for serving the people.
• Efforts to dismantle the department are really the federal government abandoning its responsibilities to the American people under the guise of returning authority to states.
  • States already oversee curricula, not the federal government. Research, resources, and programs from the federal government are simply tools in developing that curriculum so students don’t fall behind.
• The executive branch doesn’t have the authority to dismantle the Department of Education—it was created by Congress to serve the people. This order from the president is part of the broader effort to gut federal support for our education system. These efforts started with research cuts and department layoffs.
  • A massive reduction in workforce, with no plans in place to ensure the department has the capacity and ability to deliver on legally required programs, will harm the states. They rely on the department to provide critical support for special education, accommodations for disabilities, and protections for student privacy.
  • Nixing nationwide research leaves states without crucial data that helps states set policies that work best for their communities—to keep kids safe, in school, and gaining the skills they need to be successful.
• These cuts will harm families and overburden states. The Department of Education is critical for states that rely on and receive technical assistance. There are baseline standards for education in legislation that Congress entrusted the Department to oversee.
  • Kids shouldn’t have to pay the price for the executive branch’s unlawful actions. But many of them will. Cutting federal support for our education systems—which are run by states—will harm 7.4 million students with disabilities, 9.8 million students in rural schools, and students in states that receive more than 20 percent of their education budget from the federal government.
  • While states set education budgets, curricula, and assessments, the federal government provides resources that help ensure every student in a public education system has equal access, as the law requires.
  • Without the Department of Education, states and local school districts—and ultimately taxpayers—would immediately assume costs and responsibilities they have not been able to plan for. It could put students and their families in a position to lose civil rights protections, enrichment programs, and teachers.
• We have a system of checks and balances to stop any one branch from exercising too much power. Congress is tasked with federal spending. This order is an overreach of the executive branch’s authority.
• The Constitution protects equal access to public education. Any efforts to dismantle the core functions of the Department of Education will harm our children’s education across the country—abandoning American kids over politics.