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How did the White House describe the specifics of the March 20th Executive order related to The Department of Education?
A statement released by the White House on March 20th announced that “President Donald J. Trump signed an Executive Order returning power over education to families instead of bureaucracies.” The announcement went on to say, “The Executive Order directs the Secretary of Education 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.”
What is the difference between dismantling the Department of Education and abolishing it?
The difference lies in the scope and finality of the actions:
- Dismantling the Department of Education: This involves breaking down the department's structure, functions, and responsibilities, likely redistributing its powers and duties to state governments or other agencies. While this process significantly weakens the department, it doesn't legally erase its existence as a federal entity—it could still technically remain, even if stripped of most of its functions.
- Abolishing the Department of Education: This is a complete and legal elimination of the department. It would require congressional approval and involve passing legislation to formally dissolve the agency, ensuring that it no longer exists in any capacity.
Dismantling can be seen as a step toward abolition, but full abolition is a definitive legal action that only Congress can undertake.
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What percentage of votes in Congress is needed to abolish the Department of Education?
To abolish the Department of Education, Congress would need to pass legislation to repeal the law that established it. This process typically requires:
- House of Representatives: A simple majority vote (more than 50% of the members present and voting).
- Senate: A simple majority vote as well, but if there’s a filibuster, it would require a supermajority of 60 votes to overcome it.
- Presidential Approval: The president would need to sign the bill into law, or Congress would need a two-thirds majority in both chambers to override a presidential veto.
So, while a simple majority is often sufficient, the process can become more complex depending on political dynamics.
If Congress voted to eliminate the Department of Education, what legal challenges might arise?
There could be legal challenges on many fronts:
- Constitutional Concerns: Opponents might argue that dismantling the department violates constitutional principles, particularly if it disrupts federally mandated programs like civil rights protections, special education, or Title I funding for disadvantaged schools.
- Impact on Federal Laws: The Department of Education administers numerous federal laws, such as the Individuals with Disabilities Education Act (IDEA) and Title IX. Legal challenges could claim that eliminating the department would hinder the enforcement of these laws, potentially harming vulnerable populations.
- State and Local Implications: Shifting responsibilities to states or other federal agencies could lead to lawsuits from states or advocacy groups, arguing that the transition disrupts education systems or creates inequities.
- Stakeholder Opposition: Teachers' unions, education advocacy groups, and civil rights organizations could file lawsuits, claiming that the move undermines students' rights or access to quality education.
- Administrative Challenges: Redistributing the department's functions to other agencies or states could face legal scrutiny, especially if it leads to gaps in services or funding.
What services will be cut back or eliminated from the Department of Education based on the March 20th Executive order, and what are some concerns?:
The March 20th Executive Order signed by President Trump directs the Department of Education to begin dismantling itself, transferring its responsibilities to states and other agencies. Here are some key points regarding the services affected and concerns raised:
- Federal Education Programs: While popular programs like funding for students with disabilities and disadvantaged groups are promised to be preserved, their administration may face challenges as responsibilities shift to other entities.
- Office for Civil Rights: Staff cuts in this office have raised concerns about weakened enforcement of federal civil rights protections for students.
- Student Financial Aid: Staff reductions have already impacted students' access to financial aid services.
- Diversity, Equity, and Inclusion (DEI) Programs: The order explicitly states that the remaining funds will not support DEI or gender ideology initiatives.
Concerns Raised:
- Discrimination Protections: Advocates worry that dismantling the Office for Civil Rights could leave students vulnerable to discrimination.
- Program Continuity: Critics argue that transferring responsibilities to states and other agencies could disrupt the delivery of essential services.
- Impact on Disadvantaged Students: There are fears that the changes could lead to larger class sizes, reduced resources, and fewer remedial services for students in need.
- Legal Challenges: Since the department cannot be entirely abolished without Congressional approval, the legality of some actions may be contested3.
The administration argues that these changes will empower states and local communities, but the transition raises significant questions about the future of federal education programs and protections.
What specifically are the programs promoting diversity, equity, inclusion (DEI), and gender ideology that will be defunded?
The executive orders and directives have targeted several programs under diversity, equity, inclusion (DEI), and gender ideology for defunding or termination. Here are some specifics:
1. DEI Programs:
- Federal grants and contracts that promote DEI initiatives, including those aimed at increasing representation and equity in workplaces and educational institutions.
- Offices and positions such as "Chief Diversity Officer" roles and "Equity Action Plans" within federal agencies.
- Training programs and performance requirements for federal employees and contractors incorporating DEI principles.
2. Gender Ideology Programs:
- Programs funded by the Centers for Disease Control and Prevention (CDC) that involve gender ideology, including those supporting gender-affirming care and education.
- Initiatives in schools and universities that address gender diversity and inclusion.
- Military policies and healthcare provisions related to transgender individuals.
These measures reflect a broader effort to eliminate what the administration refers to as "woke" policies and redirect resources toward other priorities.
Have there been challenges in court yet to Trump’s first executive order to cut Department of Education staff and programs?
Legal challenges have already been raised against Trump's executive order to cut Department of Education staff and programs. For instance, the American Federation of Teachers, one of the largest teachers' unions, has publicly stated, "See you in court," signaling their intent to challenge the order. Critics argue that the order is legally dubious, as the president cannot unilaterally abolish or significantly dismantle a federal agency without congressional approval2.
These challenges are likely to focus on the potential harm to students, educators, and federal programs, as well as the executive order's legality. Let me know if you'd like to dive deeper into any specific aspect!
All data and information were obtained from Copilot, an AI-powered chatbot owned and operated by Microsoft Corporation.
David Nevins is co-publisher of The Fulcrum and co-founder and board chairman of the Bridge Alliance Education Fund.
