Tag: Dept

  • State Dept. to Expand Social Media Screening for Intl. Students

    State Dept. to Expand Social Media Screening for Intl. Students

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    The Trump administration is planning to implement a policy that would require all student visa applicants to undergo social media vetting, according to a cable sent by Secretary of State Marco Rubio, Politico reported Tuesday. All new student visa interviews have been paused in preparation for the new policy.

    “The Department is conducting a review of existing operations and process for screening and vetting of student and exchange visitor (F, M, J) visa applicants, and based on that review, plans to issue guidance on expanded social media vetting for all such applicants,” the memo reads, according to a copy published in full on social media by independent journalist Marisa Kabas.

    The planned changes come amid the federal government’s ongoing attacks on student visa holders, which began in March with the detention of multiple students and recent graduates who had been involved in pro-Palestinian protests on their campuses. Shortly after, the administration terminated thousands of student visa holders’ records in the Student Exchange and Visitor Information System, the database the houses international students’ records, leading to a slew of legal actions from students who feared they wouldn’t be able to continue studying in the U.S.

    Most recently, the Trump administration announced last week that it would prohibit Harvard University from enrolling international students as punishment for allegedly failing to prevent antisemitism and harassment on campus during last year’s pro-Palestinian encampments. Though that action was quickly blocked by a judge, the move could be devastating for the Ivy League institution, where international students make up more than a quarter of the student body.

    The proposed policy would increase the amount of time, manpower and resources required to process visa applications, according to experts.

    Faye Kolly, an immigration attorney based in Texas, noted that it’s not unusual for immigration officials to review visa applicants’ social media profiles, which they are required to list on certain immigration forms. But the administration has begun specifically screening the social media accounts of some returning students with visas who had participated in pro-Palestinian campus protests, though Politico reported that State Department officials had found the guidance on how to complete those screenings vague.

    It is not clear how this expanded vetting process will unfold; Rubio included no details in the memo, which said further guidance would be disseminated in the coming days. Though the memo didn’t say as much, Kolly predicted that the extra screening will involve looking “at [applicants’] social media handles more closely for what I’m assuming is going to be speech that could be considered either anti-Israel or pro-Gaza.”

    International education advocates have sounded the alarm on the proposed policy, arguing that it limits prospective students’ right to free expression and illustrates the Trump administration’s devaluation and distrust of international students.

    Fanta Aw, the CEO of NAFSA, an association for international educators, told Politico, “The idea that the embassies have the time, the capacity and taxpayer dollars are being spent this way is very problematic. International students are not a threat to this country. If anything, they’re an incredible asset to this country.”

    Kolly told Inside Higher Ed that the move harks back to the SEVIS terminations in March and April. Both actions, she said, indicate the administration’s lack “of nuance … regarding international students. It’s [taking] a simplistic approach to a very complex issue. When you target international students en masse, it’s irresponsible.”

    Daryl Bish, the president of EnglishUSA, which represents all English language programs in the country, said the change will reverse recent progress on the visa approval process and have an “immediate impact” on enrollment in English language programs.

    “The extraordinary decision to pause visa interviews, under the guise of security and enhanced vetting, is a dangerous precedent that will have immediate short-term consequences,” Bish said. “Visa appointment wait times have, generally, improved since the pandemic. This means that many students apply for the visa close to their program start date. The pause in interviews, if protracted, will force these students to change their plans.”

    Elora Mukherjee, a law professor at Columbia University and the director of the law school’s Immigrants’ Rights Clinic, also criticized the government for pausing new student visa interviews in the interim—especially as the memo gave no indication of how long the pause might last.

    “The pause is destructive to our national interests and America’s reputation in the world, and its effects may be felt for years. It has thrown the lives of tens of thousands of prospective international students into turmoil and will cause chaos and disruption at colleges and universities across the country. International students have been preparing for months to join U.S. colleges and universities in the fall, and schools have been preparing to welcome them,” she wrote in an email to Inside Higher Ed.

    “It is unclear how long the ‘pause’ will be in place, what heightened scrutiny visa applicants will face once the pause is lifted, and the extent to which decisions about granting visas may be tainted by prejudices based on race, religion, and national origin.”

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  • Federal judge blocks Trump’s Education Dept. shutdown, orders reinstatement of laid off staff

    Federal judge blocks Trump’s Education Dept. shutdown, orders reinstatement of laid off staff

    This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters.

    A federal judge on May 22 issued a preliminary injunction blocking President Donald Trump’s executive order to shut down the U.S. Department of Education and said the agency must reinstate the employees who were fired as part of mass layoffs.

    After U.S. Education Secretary Linda McMahon announced the agency’s plans in March to slash its workforce by roughly half, she called it a first step in getting rid of the agency. Trump followed days later with his executive order aiming to eliminate the department, a move he has long wanted.

    But only Congress can actually eliminate the department, and the administration’s attempt at getting around that influenced U.S. District Judge Myong Joun’s Thursday ruling.

    The Trump administration argued that they implemented agency layoffs to improve “efficiency” and “accountability,” the Massachusetts judge wrote, but then said: “The record abundantly reveals that [the administration’s] true intention is to effectively dismantle the Department without an authorizing statute.”

    Joun added: “A department without enough employees to perform statutorily mandated functions is not a department at all. This court cannot be asked to cover its eyes while the Department’s employees are continuously fired and units are transferred out until the Department becomes a shell of itself.”

    Within hours of the Joun’s ruling, the Trump administration filed an appeal.

    “This ruling is not in the best interest of American students or families,” Madi Biedermann, Deputy Assistant Secretary for Communications, wrote in a statement.

    Calls for the injunction came from lawsuits filed by the Somerville and Easthampton schools districts in Massachusetts along with the American Federation of Teachers, other education groups, and 21 Democratic attorneys general.

    They argued that the gutting of the department rendered the agency incapable of performing many of its core functions required by Congress.

    For example, all of the attorneys from the agency’s general counsel office who handle grants for K-12 schools and grants under the Individuals with Disabilities Education Act, or IDEA, had been fired. The dismantling of the Office for Civil Rights made it difficult to enforce civil rights protections. The department’s Financial Student Aid programs, which provide financial assistance to almost 12.9 million students across approximately 6,100 postsecondary educational institutions, were also hampered.

    Trump’s executive order instructed McMahon to “take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities” to the “maximum extent appropriate and permitted by law.”

    At the same time, the order said McMahon should ensure “the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

    Trump said he would move the agency’s student loan portfolio to the Small Business Administration, and the Department of Health and Human Services would replace the Education Department’s role in “handling special needs.”

    Before the layoffs, the Education Department was the smallest of the 15 cabinet-level departments in terms of staffing, according to the judge, with around 4,100 employees. And the plaintiffs said the agency was strained meeting its obligations even then.

    The ruling was not based on the employees’ job rights, but rather how the agency was able to fulfill its obligations.

    “It’s not about whether employees have a right to a job,” said Derek Black, a University of South Carolina law professor. “It’s about whether the department can fulfill its statutory obligations to the states and to students.”

    The case made by former department employees, educational institutions, unions, and educators, Joun wrote, paints “stark picture of the irreparable harm that will result from financial uncertainty and delay, impeded access to vital knowledge on which students and educators rely, and loss of essential services for America’s most vulnerable student populations.”

    American Federation of Teachers President Randi Weingarten heralded the judge’s ruling, calling it “a first step to reverse this war on knowledge and the undermining of broad-based opportunity.”

    But Biedermann, from the Education Department, said the ruling was unfair to the Trump administration.

    “Once again, a far-left Judge has dramatically overstepped his authority, based on a complaint from biased plaintiffs, and issued an injunction against the obviously lawful efforts to make the Department of Education more efficient and functional for the American people,” she said in a statement.

    Chalkbeat national editor Erica Meltzer contributed reporting.

    Chalkbeat is a nonprofit news site covering educational change in public schools.

    For more news on federal policy, visit eSN’s Educational Leadership hub.

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  • Judge Blocks Energy Dept. Plan to Cap Indirect Cost Rates

    Judge Blocks Energy Dept. Plan to Cap Indirect Cost Rates

    A federal judge temporarily blocked the U.S. Department of Energy’s plan to cap universities’ indirect research cost reimbursement rates, pending a hearing in the ongoing lawsuit filed by several higher education associations and universities.

    Judge Allison D. Burroughs of the U.S. District Court for Massachusetts wrote in the brief Wednesday order that the plaintiffs had shown that, without a temporary restraining order, “they will sustain immediate and irreparable injury before there is an opportunity to hear from all parties.”

    Plaintiffs include the Association of American Universities, the American Council on Education, the Association of Public and Land-grant Universities and nine individual universities, including Brown, Cornell and Princeton Universities and the Universities of Michigan, Illinois and Rochester. They sued the DOE and department secretary Chris Wright on Monday, three days after the DOE announced its plan.

    Department spokespeople didn’t return Inside Higher Ed’s requests for comment Thursday afternoon.

    DOE’s plan is to cap the reimbursement rates at 15 percent. Energy grant recipients at colleges and universities currently have an average 30 percent indirect cost rate. The Trump administration has alleged that indirect costs are wasteful spending, although they are extensively audited.

    The DOE sends more than $2.5 billion a year to over 300 colleges and universities. Part of that money covers costs indirectly related to research that may support multiple grant-funded projects, including specialized nuclear-rated facilities, computer systems and administrative support costs.

    The department’s plan is nearly identical to a plan the National Institutes of Health announced in February, which a judge also blocked.

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  • Education Dept. Agrees to Push DEI Compliance Deadline

    Education Dept. Agrees to Push DEI Compliance Deadline

    State education agencies are no longer bound to certify their compliance with President Donald Trump’s executive orders and guidance memos banning diversity, equity and inclusion programs in order to continue receiving federal funds—at least for now.

    K-12 school districts were originally required to prove they had met the president’s standard by April 14. But now, as the result of an agreement reached Thursday in a lawsuit, the Department of Education cannot enforce that requirement or enact any penalties until April 24. The move to require school systems to certify their compliance was one of the department’s first actions since releasing the Feb. 14 Dear Colleague letter that declared all race-conscious student programming, resources and financial aid illegal.

    The National Education Association challenged that letter in a lawsuit and then moved for a temporary restraining order to block the certification requirement. (The department notified state educational agencies of the deadline April 3.)

    In addition to not enforcing the certification requirement, the Education Department also agreed not to take any enforcement action related to the Feb. 14 guidance until April 24, though that doesn’t cover any other investigations based on race discrimination.

    The plaintiffs, represented by the American Civil Liberties Union, still want to block the Dear Colleague letter entirely. But they see the agreement as a positive step.

    “This pause in enforcement provides immediate relief to schools across the country while the broader legal challenge continues,” the plaintiffs said in a news release.

    A judge will hold a hearing April 17 to consider the NEA’s motion for a preliminary injunction, which could block the guidance entirely.

    For more information on this case and others, check out Inside Higher Ed’s lawsuit tracker here.

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  • AFT sues Dept. of Education for denying borrowers’ rights (Student Borrower Protection Center)

    AFT sues Dept. of Education for denying borrowers’ rights (Student Borrower Protection Center)

    Yesterday, President Trump signed an executive order ordering the shutdown of the U.S. Department of Education (ED). The order claims to ensure the “uninterrupted delivery of services, programs, and benefits on which Americans rely,” yet Trump and Secretary Linda McMahon have gutted the arms of ED that make those functions possible. Read our statement on yesterday’s executive order here. Last week, Trump announced a 50 percent reduction in the workforce at the Department. Now he plans to move student loans to the Small Business Administration?!?!

    The Trump Administration is intentionally breaking the student loan system and attacking borrowers and working families with student debt. But we’ve been fighting back.

    On Tuesday night, the 1.8 million-member AFT sued ED for denying borrowers’ access to affordable loan payments and blocking progress towards Public Service Loan Forgiveness (PSLF)—in violation of federal law.

    Three weeks ago, federal education officials eliminated access to Income-Driven Repayment (IDR) plans by removing the application from ED’s website and secretly ordering student loan servicers to halt processing all applications. These IDR plans provide millions of borrowers the right to tie their monthly payment to their income and family size, giving them the option to make loan payments they can afford.

    IDR plans are also the only way for public service workers to benefit from PSLF—a critical lifeline for teachers, nurses, first responders, and millions of other public service workers across the country.

    SBPC Executive Director Mike Pierce’s statement:

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  • Judge Orders Education Dept. to Restore Teacher Prep Grants

    Judge Orders Education Dept. to Restore Teacher Prep Grants

    A federal judge in Maryland this week ordered the U.S. Department of Education to reinstate numerous grants that support teacher-preparation programs.

    The department canceled the $600 million in grants last month as part of a wider effort to slash federal funding and eliminate programs that promote diversity, equity and inclusion. In response, the American Association of Colleges for Teacher Education, the National Center for Teacher Residencies and the Maryland Association of Colleges for Teacher Education challenged the cuts, arguing in a lawsuit that the grant terminations were illegal.

    On Monday, U.S District Judge Julie Rubin ordered the department to restore funding for the Supporting Effective Educator Development program, the Teacher Quality Partnership program and the Teacher and School Leader incentive program within five business days. That order comes after a federal judge last week directed the department to reinstate canceled grants in eight states.

    “We are thrilled that the court has ruled in favor of preserving funding for TQP, SEED, and TSL grants, which have a transformative impact on our nation’s education system,” AACTE president and CEO Cheryl Holcomb-McCoy said in a news release.

    The order also blocks the department from terminating any other TQP, SEED or TSL grant awards “in a manner this court has determined is likely unlawful as violative of the Administrative Procedure Act,” which instructs courts to “hold unlawful and set aside final agency actions” deemed “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

    The judge asked both the department and the plaintiffs to file a status report within seven business days showing compliance with the order.

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  • Dismantling Ed Dept. Will Harm More Than 26 Million Kids — and America’s Future – The 74

    Dismantling Ed Dept. Will Harm More Than 26 Million Kids — and America’s Future – The 74


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    The layoffs of half of the employees of the U.S. Department of Education clearly demonstrate the Trump administration’s follow-through on one of Project 2025’s mandates, which intends to eliminate the resources, protections and opportunities that millions of children and families across this nation rely on.

    It is evident that the White House will not stop until it wipes out the most basic protections and supports for the American people, including the youngest children. The first step was the attempt to defund Head Start and Early Head Start, impacting 800,000 young children across the nation. This order was halted by a federal judge in Washington, thanks to the lawsuits filed by Democracy Forward and attorneys general from 23 states. 

    The mass layoffs will severely hamper the department’s ability to execute on its core responsibilities. This move is a direct assault on millions of students, teachers and families. It is clearly a precursor to dismantling the department without congressional consent, which would have an even more devastating impact. The department serves and protects the most vulnerable children and young adults, ensuring that they have equal access to education. This includes:

    • 26 million students from low-income backgrounds — more than half of all K-12 students — who rely on the department for reasonable class sizes; school meals; tutoring; afterschool and summer programs; school supplies such as laptops and books; parent engagement programs; and, in some cases, transportation
    • 9.8 million students enrolled in rural schools
    • 7.4. million students with disabilities
    • 5 million English learners
    • 1.1 million students experiencing homelessness
    • 87 million college students who receive Pell Grants and student loans 

    The department was created in 1980 with a single, crucial purpose: to ensure equal access to education and to promote educational excellence throughout the nation. Its creation followed decades of systemic inequities that left children in disadvantaged communities without the same learning opportunities as their more privileged peers. The department’s work has been a critical safeguard against discrimination in schools, whether on the basis of race, disability, gender or income. 

    Without the federal government’s intervention and oversight, the more than 13 million children who live in poverty would be even more vulnerable to systemic inequities. The department ensures that federal dollars are distributed to those students most in need, ensuring that underserved children have the same opportunities for success as their wealthier peers. Without the federal oversight and the department’s support, these students will fall even further behind, and the national achievement gap will grow wider.

    The federal government is the only entity that can ensure a baseline level of educational equity across the entire nation. The department holds states accountable for ensuring that all children, regardless of where they live or what their socioeconomic status may be, receive a quality education. If this accountability is removed, the children most at risk — those in underfunded schools, children of color, children with disabilities, English learners and those experiencing homelessness — will be the first to suffer. These children would be denied the critical services and protections they need to succeed in school and in life.

    Moreover, the president’s plan to turn education policy over to the states would completely dismantle the federal safety net that ensures that the most vulnerable children are not left behind. Each of the 50 states has different priorities, resources and political climates. While some might be able to provide excellent educational opportunities, others will leave children behind, particularly in rural or economically disadvantaged areas. Inequities between states could widen to an intolerable degree, and the resulting lack of uniform educational standards would only further disadvantage the children who need the most help.

    To be clear, the department cannot be dissolved at the whim of a sitting president. Under the Constitution, only an act of Congress can create or dismantle a federal agency. The president does not have the unilateral power to eliminate an entire federal institution that serves the educational needs of millions of children across this country. Attempting to do so would not only undermine the law, but also inflict tremendous harm to the very foundation of America’s educational system.

    The idea that dismantling the department could somehow improve that system is not only misguided, but dangerously naïve.

    It’s vital that we, as a nation, recognize the long-term damage this action would cause. The attempt to dismantle the Department of Education is not just an attack on a government agency — it is an attack on the future of America’s children.

    To parents across the country: This policy is not only unconstitutional — it is a grave threat to your children’s future. Whether your child is in a classroom in New York, Los Angeles or a small town in the Midwest, the U.S. Department of Education has worked to ensure that their educational opportunities are protected, funded and regulated. A president who seeks to eliminate this essential agency is jeopardizing the future of every single student in America.

    This is why we must all rise up and make our voices heard. We must demand that our leaders stop this dangerous plan in its tracks, that they fix what isn’t working and that they use this opportunity to reimagine public education and invest in a more effective, equitable system that gives all children the opportunity to succeed.


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  • Draft order outlines plan to close Education Dept.

    Draft order outlines plan to close Education Dept.

    A draft executive order obtained Thursday by Inside Higher Ed directs the newly confirmed education secretary, Linda McMahon, to “take all necessary steps” to return authority over education to the states and facilitate closure of the Department of Education “to the maximum extent appropriate and permitted by law.”

    If signed, the order—which has been rumored for weeks but is not yet official—would be the first step in carrying out the president’s controversial campaign promise to abolish the 45-year-old department, which he believes is unconstitutional and has grown too large.

    Several media outlets reported Wednesday night that Trump would sign the order as soon as Thursday, but shortly after the news circulated, White House press secretary Karoline Leavitt posted on X, “President Trump is NOT signing an Executive Order on the Department of Education today” and called the reports “fake news.”

    Still, the reports set off a wave of comments from advocates and analysts. Liberals warned that shutting down the Education Department would be devastating for families and students, while conservatives backed Trump’s plan and said the draft order was key to cleaning up the agency.

    McMahon, who took office Monday and will spearhead the closure effort, is supportive of overhauling the agency. She told department staff earlier this week to prepare for a “momentous final mission” to eliminate “bureaucratic bloat” and return education to the states.

    Although vague, the secretary’s memo and the draft executive order give policy experts some idea of what could come next.

    At the very least, they expect to see a major reduction in staff and a diminished federal role in education; some of that work is already underway. The agency has slashed millions in contracts and grants as well as fired dozens of employees. A larger reduction in force is also in the works, fueling concerns among department staff.

    “There is probably not going to be anything in [the order] that isn’t already happening, largely,” said Kelly McManus, vice president of higher education at Arnold Ventures, a philanthropic group. “The secretary’s final mission was clear … so I’m not particularly worked up about the EO specifically, because I don’t think it’s going to fundamentally change that.”

    Abolishing the department would require an act of Congress, which McManus said the draft order appears to acknowledge. She and other experts say any effort to close the department will be lengthy and complicated.

    “This is not a flip-on, flip-off situation here,” she said. “Practically, there will have to be a process … You cannot shut the doors tomorrow and be done.”

    The 416-word draft order gives little detail as to what the “steps” of dismantling the department are or what would happen to certain congressionally mandated programs such as the Pell Grant, the student loan system or the Individuals With Disabilities Education Act. However, the document does say that any funds allocated by the department should comply with federal law, including Trump’s previous orders on diversity, equity and inclusion and transgender athletes—both of which have been caught up in court.

    Neither Trump nor McMahon has so far offered any plan outlining how closing the department would work, though some conservative plans recommend moving the Office for Federal Student Aid to the Treasury and sending the Office for Civil Rights to the Justice Department.

    More than 4,000 people currently work for the department, which was created in 1979 and now has a $80 billion discretionary budget. Each year, the agency issues about $100 billion in student loans and doles out more than $30 billion in Pell Grants.

    Shutting down the department isn’t popular with voters, recent surveys have found. One recent opinion poll found that 61 percent of all respondents “somewhat” or “strongly” opposed the idea of eliminating the department. Another showed that up to 72 percent either opposed the plan or weren’t sure how they felt. That number was 49 percent among Republicans.

    Minimizing a D.C. ‘Footprint’

    Trump has signaled for months, if not years, that he wants to shut down the Education Department, and many analysts have already taken a position on the issue.

    To Michael Brickman, an adjunct fellow at the conservative think tank the American Enterprise Institute, nothing about the draft was a surprise. Like McManus, he noted that much of what the order directs McMahon to do is already underway.

    Brickman expects the next steps will focus on finding new and “better” ways to maintain the department’s core functions as required under law with “less funding, less staff and possibly in conjunction with other agencies.”

    “I don’t think anybody’s talking about cutting major programs,” he said, referencing financial aid services like the Pell Grant and disability protection acts like IDEA. “So the question will be, what is required under law? What can Congress change? And how can the department streamline things to minimize the footprint in D.C.?”

    Shutting down the Education Department likely would be disruptive for colleges and students, advocates say.

    J. David Ake/Getty Images

    McManus stressed that it will be important to protect these core functions, especially the ones related to higher ed, saying it doesn’t make sense to send them back to the states.

    “What is most important is that those core statutory functions have the people, capacity and expertise to be able to do effective oversight of how taxpayer dollars are being spent,” she said. “We are significantly less concerned about where those people sit, as long as there is the ability to safeguard taxpayer investments and to make sure that programs that are statutorily required and that have had long bipartisan support, like Pell Grants, are being effectively implemented.”

    In Brickman’s view, some of the department’s regulatory operations, like analyzing and creating reports on grant or contract applicants and managing third-party accreditors, are simply “make-work.” By hiring hundreds of staff members to execute these tasks, he said, the department pulls tax dollars from local governments and then forces those same communities to spend more writing grant proposals to get it back.

    “There’s just a lot of work and churn that evidence shows does not lead to improved student outcomes,” he said.

    But when asked what the Trump administration has done to convince stakeholders he not only intends to tear down the department but also build it back up again, Brickman didn’t directly answer the question. Instead, he referenced actions of the Biden administration.

    “The Biden administration broke the entire Federal Student Aid system on purpose … They were trying to illegally turn the trillion-plus-dollar portfolio from a loan program into a grant program,” he said. “That is not what the Trump administration is doing. The Trump administration has tried to improve these programs and make them actually work again.”

    Although what Biden did was “unfortunate,” Brickman said, it also creates an opportunity.

    “This mess isn’t being created; it’s being responded to,” he said. “I hope institutions that may be predisposed to oppose anything coming from the Trump administration will welcome this as the end of a failed experiment that just put more restrictions on teaching and learning.”

    Democrats Push Back

    Meanwhile, Democratic lawmakers, student advocacy groups, civil rights organizations and left-leaning think tanks warn that Trump has no intention of rebuilding, only dismantling. The American Federation of Teachers, a key higher ed union, said the order is a government attempt to “abdicate its responsibility to all children, students and working families.”

    Randi Weingarten, the union’s president, recognized in a statement Wednesday night that there are certainly ways the department could be more efficient, but she implied that’s not Trump’s goal.

    “No one likes bureaucracy, and everyone’s in favor of more efficiency, so let’s find ways to accomplish that,” she said. “But don’t use a ‘war on woke’ to attack the children living in poverty and the children with disabilities, in order to pay for vouchers and tax cuts for billionaires.”

    Senator Chuck Schumer points to a poster board showing a map of the United States with the title "Trump-voting states have more to lose if Education Department dismantled."

    Senate Democrats criticized the pending executive order to abolish the Department of Education as a press conference Thursday.

    Tom Williams/CQ-Roll Call Inc. via Getty Images

    Senator Patty Murray, a Democrat from Washington State, blasted the Trump administration’s plans at a press conference Thursday. She said that Trump and his unelected government efficiency czar Elon Musk “don’t know what it’s like to count on their local public school having the resources to get their kids a great education … And they don’t care to learn why. They want to break the department, break our government, and enrich themselves.”

    To the American Association of University Professors, “dismantling the Department of Education would hasten us into a new dark age.”

    Former Biden under secretary James Kvaal told Inside Higher Ed that the draft order should dispel any notion that Trump is not trying to shut down the department. But at the same time, he said, the GOP administration’s approach to doing so has been “schizophrenic” and “inconsistent.”

    “It can’t be true that students of color and with disabilities will have their civil rights protected, but also the federal government is not going to be involved in those decisions,” he said.

    But at the same time, Kvaal and others note that, ultimately, the Trump administration lacks the legal authority to actually close the Department of Education, making full abolishment more complicated than the president suggests.

    Shuttering the agency would require 60 votes in the Senate as well as a majority in the House, as the department’s existence is written into statute. And with a 53-seat majority in the Senate, Republicans don’t currently have the votes unless some Democrats back the plan.

    “[The Republicans] don’t have the votes to close the department, and they already plan to enforce their plans on DEI, so it’s not clear what the EO adds to that,” Kvaal said. “It’ll get sorted out in the courts.”

    Katherine Knott and Liam Knox contributed to this report.

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  • Trump reportedly set to order dismantling of Education Dept.

    Trump reportedly set to order dismantling of Education Dept.

    This story will be updated.

    President Donald Trump is planning to sign an executive order directing Education Secretary Linda McMahon to “take all necessary steps” to close the agency, The Wall Street Journal and other media outlets reported.

    The president’s order—scheduled to be signed at 2 p.m. in the Oval Office—is the first step in carrying out his controversial campaign promise to abolish the 45-year-old department. A draft of the order provided to Inside Higher Ed criticizes the department for spending “more than $1 trillion without producing virtually any improvement in student reading and mathematics scores.” Trump’s press secretary called reports about the order “fake news.”

    Education advocates have already shown staunch opposition to the executive action. The American Federation of Teachers, a key higher ed union, was one of the first groups to pipe up when the news broke Wednesday evening, calling the order a government attempt to “abdicate its responsibility to all children, students and working families.”

    “The Department of Education, and the laws it is supposed to execute, has one major purpose: to level the playing field and fill opportunity gaps to help every child in America succeed,” union president Randi Weingarten said in a statement. “No one likes bureaucracy, and everyone’s in favor of more efficiency, so let’s find ways to accomplish that. But don’t use a ‘war on woke’ to attack the children living in poverty and the children with disabilities, in order to pay for vouchers and tax cuts for billionaires.”

    The president and his allies have promoted the idea of dismantling the agency since the early days of his 2024 campaign, saying the department has grown too big and interferes in matters best left to local and state authorities. They also argue the agency’s existence violates the Constitution (because the document doesn’t mention education) and is a prime example of federal bloat and excess.

    Read More on Trump’s Plans to Break Up the Department

    Such an order has been rumored for weeks, and higher education officials have been nervously waiting for the shoe to drop since McMahon was confirmed by the Senate Monday afternoon. But the secretary backed plans to break up or diminish the department at her confirmation last month, and shortly after taking office, she wrote to agency staff about their “momentous final mission,” which includes overhauling the agency and eliminating “bureaucratic bloat.” She never did directly use the words “dismantle” or “abolish” but pledged to “send education back to the states.”

    “As I’ve learned many times throughout my career, disruption leads to innovation and gets results,” she wrote. “We must start thinking about our final mission at the department as an overhaul—a last chance to restore the culture of liberty and excellence that made American education great.”

    Eliminating the Education Department and sending key programs such as the Office for Civil Rights to other agencies was a key part of the conservative blueprint Project 2025’s plans to reshape education policy in America. But recent public opinion polls have found support for keeping the agency.

    One survey conducted by the progressive think tank Data for Progress, on behalf of the Student Borrower Protection Center, a left-wing advocacy group, showed that 61 percent of all respondents “somewhat” or “strongly” opposed the idea of eliminating the department. Another poll from Morning Consult, a data-driven insights company, showed that a large chunk of voters—41 percent—actually want to increase funding to the department.

    The order doesn’t mean the department will close tomorrow or even this month, as it calls for the secretary to create a plan to wind down operations. McMahon also told senators during her confirmation that only Congress can shut down the agency altogether.

    Higher Ed Officials Brace for Impact

    As talks about the department’s demise ramped up in recent weeks, lawmakers, student advocacy groups, civil rights organizations and left-leaning think tanks warned how destructive dismantling the department could be.

    Democrats in the House started pushing back on the idea as early as Feb. 10, when they walked directly up to the department’s front doors and demanded a meeting with then–acting education secretary Denise Carter. Denied entry, they argued the department’s existence is key to supporting students with disabilities and making higher education accessible to all.

    That same week, several key senators wrote a letter to the department outlining their “serious concerns” about its actions.

    “We will not stand by and allow the impact that dismantling the Department of Education would have on the nation’s students, parents, borrowers, educators, and communities,” the lawmakers wrote.

    Derrick Johnson, president of the National Association for the Advancement of Colored People, put out a statement expressing similar concerns for students of color just minutes after McMahon was confirmed. The NAACP played a key role in the landmark 1954 Supreme Court case Brown v. Board of Education, which outlawed racial segregation in public schools, and has been a longtime advocate for equality and opportunity in education. He said that protecting the Department of Education is critical, since the agency not only funds public schools, but “enforces essential civil rights laws.”

    “This is an agency we cannot afford to dismantle,” he said.

    On Tuesday morning, EdTrust, a nonprofit policy and advocacy group, said America has reached “a dangerous turning point for public education.”

    “Simply put: If we are truly to reach America’s ‘Golden Age,’ we need to build a better, stronger Department of Education, not tear it down altogether,” the organization wrote in a statement.

    Kevin Carey, vice president of education at New America, a left-leaning think tank, said in a statement that eliminating the department is a “deeply unpopular idea,” citing the organization’s own new polling data.

    The survey found that over all only 26 percent of adults support the department’s closure. And though the Trump administration says it is carrying out the will of the people who elected him to office, barely half of Republicans want closure. Even fewer members of the GOP support the specific consequences of shuttering the department, like moving federal financial aid to an agency with no experience overseeing the program.

    “This is all part of the standard authoritarian playbook for would-be dictators engaged in tearing down democratic institutions,” Carey wrote. Dismantling the department would be “a nihilistic act of civic vandalism, carried out by ideological zealots.”

    Gathering Congressional Support

    But Carey and others also note that, ultimately, the Trump administration lacks the legal authority to actually close the Department of Education, making full abolishment more complicated than the president suggests.

    Shuttering the agency would require 60 votes in the Senate as well as a majority in the House, as the department’s existence is written into statute. And with a 53-seat majority in the Senate, Republicans don’t currently have the votes unless some Democrats back the plan.

    Still, Trump has continued to promote the concept, and red states across the country have backed it. Although the president has not disclosed specific details on how he would try to overcome the political and legal hurdles, higher education policy experts predict he’s likely to leave the skeleton of the department standing while gutting the agency of everything but its statutorily protected duties.

    Conservative groups, most notably the Heritage Foundation, have suggested redistributing responsibilities by moving programs to other agencies. For example, the federal student loan system could be moved to the Treasury, and the Office for Civil Rights could be moved to the Department of Justice.

    Critics of the idea say that such proposals need more specifics that spell out how exactly the plan would work, what programs would stay, which ones would go away and what agencies would take over the department’s responsibilities.

    However, higher ed policy experts from the Cato Institute, a libertarian think tank, say getting rid of the department is “a good idea.” They describe the department as “unconstitutional,” given education is mentioned nowhere in the specific, enumerated powers given to the federal government, and call it “ineffective,” “incompetent,” “expensive” and “unnecessary.”

    The founding fathers chose to exclude dominion over education from the Constitution “because education was believed best left in the hands of parents and civil society—the families and communities closest to the children—and certainly not in a distant national government,” Neal McCluskey, director of Cato’s Center for Educational Freedom, wrote in a policy handbook. “Nearly 60 years of experience with major and, until very recently, constantly expanding federal meddling in K-12 education have proved them right.”

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  • Education Dept. allows some civil rights inquiries to restart

    Education Dept. allows some civil rights inquiries to restart

    After pausing most civil rights investigations, the Education Department’s Office for Civil Rights is resuming some inquiries, but only those related to disability-based discrimination, according to a memo obtained by ProPublica.

    Those involving race or gender will remain on hold, the nonprofit news organization reported.

    The investigation freeze, which had been in place for a month, forbade OCR staffers from pursuing discrimination complaints that had been submitted by thousands of students at schools and colleges across the country. In fiscal year 2024, the office received 22,687 complaints—37 percent of which alleged discrimination based on disability.

    “I am lifting the pause on the processing of complaints alleging discrimination on the basis of disability. Effective immediately, please process complaints that allege only disability-based discrimination,” Craig Trainor, the office’s acting director, wrote the internal memo that was sent to employees, most of whom are attorneys.

    A spokesperson for the department declined to respond to ProPublica’s request for comment.

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