Penny Schwinn, in line to serve as second in command of the U.S. Department of Education, has withdrawn from the nomination, Education Secretary Linda McMahon announced Thursday.
Instead, the former Tennessee education commissioner will take on a different role for the department.
“I am grateful to Dr. Schwinn for her commitment to serving students, families, and educators across the nation,” McMahon said in a statement. “Penny is a brilliant education mind and I look forward to continuing working with her as my chief strategist to make education great again.”
Schwinn, in a statement, said she gave the decision “thoughtful consideration” and said she will “remain committed to protecting kids, raising achievement and expanding opportunity — my lifelong mission and north star.”
Considered a champion for improving reading outcomes and high-dosage tutoring, Schwinn was among President Donald Trump’s early picks for department posts. Many perceived her as a more bipartisan choice than others joining the administration, but among Tennessee conservatives, many who felt she was too liberal, opposition to her nomination was strong.
The timing of Schwinn’s withdrawal couldn’t be worse, according to some conservatives.
“Her decision to remove herself from consideration to become deputy secretary hurts students, educators, and the Trump administration,” said Jim Blew, co-founder of the Defense of Freedom Institute, a think tank. “Secretary McMahon has been charged by Congress and the president with huge tasks under the One Big Beautiful Bill and several urgent executive orders.”
As head of the Education Department, McMahon is striving to turn more authority over education to the states. It’s now unclear who will step into the deputy position and take the lead on the state’s requests for more flexibility over education funding. At least two states, Iowa and Oklahoma, have already submitted requests for block grants, and Indiana is currently gathering comments from the public in preparation for a similar proposal. Kirsten Baesler, North Dakota’s long-time education chief, is currently awaiting confirmation to be assistant secretary for elementary and secondary education at the department. In February, she joined 11 other GOP chiefs in asking McMahon for greater freedom to direct education funds toward state-level needs.
Controversies and questions over Schwinn’s conservative qualifications have followed her for years. Far-right groups, including Moms for Liberty, said her past support for equity initiatives, like hiring more teachers of color, was evidence that she was not a good fit for an administration determined to eliminate such programs. Others remained angry over Schwinn’s pandemic-era plan to conduct “well-being” home visits. Even though she scrapped the plan, parents and members of the legislature considered it an example of government overreach.
More recently, Steve Gill, a conservative commentator in Tennessee, reported that while she was deputy superintendent of the Texas Education Agency, Schwinn recommended individuals who advocate for comprehensive sex education, including abortion rights, to advise the state on health curriculum.
Gill told The 74 he shared his TriStar Daily article about her stance on these issues with Tennessee Sens. Marsha Blackburn and Bill Hagerty, as well as the state’s congressional delegation. Blackburn, who is expected to run for governor next year, was considered a possible no vote for Schwinn.
According to Gill, Blackburn’s office “has been working tirelessly behind the scenes with the White House, Secretary Linda McMahon and Majority Leader [John] Thune to block the confirmation.”
But Madi Biedermann, spokeswoman for the department, said the agency “strongly disagrees with that characterization.”
Republican Sen. Marsha Blackburn from Tennessee was expected to vote no on Penny Schwinn’s confirmation. (Anna Moneymaker/Getty Images)
Blew said it’s unfortunate that politics got in the way, noting that Schwinn’s experience in both blue and red states would have brought valuable expertise to the Ed Department role. In addition to her jobs in Tennessee and Texas, Schwinn founded a charter school in Sacramento and also served in the Delaware Department of Education.
“It’s sad that a handful of demagogues are standing in the way of giving Secretary McMahon the team she needs to succeed,” he said.
Others praised Schwinn’s record of prioritizing the science of reading in Tennessee schools and directing COVID relief funds toward tutoring.
“This is a setback for all who want to see Washington slashing red tape, advancing literacy and fighting for common sense values,” said Rick Hess, director of education policy studies at the conservative American Enterprise Institute.
For some critics, Schwinn’s business ventures since leaving the top spot in Tennessee two years ago raised questions as she waited to appear before the Senate education committee.
In June, a day ahead of her joint hearing with three other nominees, The 74 reported that shortly after Trump tapped her for the job, she registered a new education consulting business in Florida, New Horizon BluePrint Group, with a longtime colleague. Before Schwinn filed ethics paperwork with the federal government, her sister replaced her as a manager on the business.
When a reporter from The 74 asked questions about the new project, Donald Fennoy, her colleague and a former superintendent of the Palm Beach County School District, dissolved the business.
Ethics experts say candidates for an administration post often distance themselves from new business entanglements to avoid any appearance of a conflict, but Schwinn has faced accusations of poor judgment before.
While she was in Texas, the state agency signed a $4.4 million no-bid contract in 2017 with a software company where she had a “professional relationship” with a subcontractor, according to a state audit. And in Tennessee, the education agency made an $8 million deal in 2021 with TNTP, a teacher training organization where her husband Paul Schwinn was employed at the time. Lawmakers considered the deal a “huge conflict.”
“Ethics was a crucial concern,” said J.C. Bowman, executive director and CEO of Professional Educators of Tennessee, a non-union organization. He was among those who sent letters to the Senate, asking them to remove her from consideration. “Her personal business interests and possible conflicts could potentially influence educational decisions in ways that many found difficult to overlook.”
Clarification: An earlier version of this story mischaracterized the role Penny Schwinn will take on in lieu of serving as the deputy education secretary. Schwinn will be taking on an advisory role at the Education Department.
A freeze on federal education funding that prompted two lawsuits has been lifted, and states will be able to access the money next week, the U.S. Department of Education announced Friday.
The White House Office of Management and Budget (OMB), which argued that districts were spending the money to advance a “radical left-wing agenda,” has completed its review of five different programs totaling $5.5 billion, said Madison Beidermann, spokeswoman for the department.
The funds support education for English learners and migrant students and pay for staff training and extra instructional positions. The news came a week after the administration released over $1.3 billion for summer and afterschool programs, which was also held up for review.
The department alerted states June 30, one day before they expected to receive the money, that the review was in process, forcing programs to cut staff and end summer programs early. Congress appropriated the funds for this coming school year, and President Donald Trump signed the budget in March.
The release of the funds, announced just hours before Education Secretary Linda McMahon was scheduled to meet with the nation’s governors in Colorado Springs, Colorado, comes as superintendents nationwide were preparing to eliminate services like literacy and math coaches, according to a survey conducted by AASA, the School Superintendents Association. Half of the 628 chiefs who responded from 43 states said they would have to lay off staff who work with special education students if the funds weren’t released. American Federation of Teachers President Randi Weingarten brought the message to attendees at the union’s annual TEACH conference in Washington, D.C.
“The administration backed down and we are getting the money,” she said to a cheering audience. “Those of you who lobbied yesterday, thank you. Those of you who brought the lawsuit, thank you.”
Attorney generals from 24 blue states and the District of Columbia sued on July 14 over the freeze, arguing that the administration’s actions were harming schools. School districts, parents, unions and nonprofits filed a second challenge on July 21, saying that OMB has never stood in the way of the department’s practice of releasing the funds in two steps, first on July 1 and the rest on Oct. 1. Republican senators joined their Democratic colleagues in pressuring the administration to free up the money.
Friday’s announcement doesn’t mean the legal fight is over. In a statement, Skye Perryman, president and CEO of Democracy Forward, which is handling the second case, said the legal team would “continue to monitor the situation and work in court to ensure the administration fully complies with the law and that these resources reach the schools and students who need them most.”
Districts can now start the school year without the shortfall, but that doesn’t mean advocates’ worries are over about future disruptions to funding. The July 1 distribution date is a longstanding practice, not something written into the law.
Tara Thomas, government affairs manager for AASA, said her organization wants to “have additional conversations” with Congress or the administration to “ensure that this type of uncertainty at the last minute doesn’t happen again. Districts need to continue to rely on stable, timely, reliable federal funding.”
Another fight over education funds could also be ahead. The White House is reportedly preparing another recissions package that would target education funding. Thomas said she didn’t know what might be included, but it could be cuts that the Department of Government Efficiency made to grant programs.
On Friday, Trump signed a recissions package, pulling back $9 billion in funds from public television and foreign aid.
When a white teacher at Decatur High School used the n-word in class in 2022, students walked out and marched in protest. But Reyes Le wanted to do more.
Until he graduated from the Atlanta-area school this year, he co-led its equity team. He organized walking tours devoted to Decatur’s history as a thriving community of freed slaves after the Civil War. Stops included a statue of civil rights leader John Lewis, which replaced a Confederate monument, and a historical marker recognizing the site where Rev. Martin Luther King, Jr. was jailed for driving with an out-of-state license.
Reyes Le, a Decatur High graduate, sits at the base of Celebration, a sculpture in the town’s central square that honors the city’s first Black commissioner and mayor. (Linda Jacobson/The 74)
But Le feared his efforts would collapse in the face of the Trump administration’s crackdown on diversity, equity and inclusion. An existing state law against “divisive concepts” meant students already had to get parent permission to go on the tour. Then the district threw out two non-discrimination policies April 15.
“I felt that the work we were doing wouldn’t be approved going into the future,” Le said.
Decatur got snared by the U.S. Department of Education’s threat to pull millions of dollars in federal funding from states and districts that employed DEI policies. In response, several organizations sued the department, calling its guidance vague and in violation of constitutional provisions that favor local control. Within weeks, three federal judges, including one Trump appointee, blocked Education Secretary Linda McMahon from enforcing the directives, and Decatur promptly reinstated its policies.
The reversal offers a glimpse into the courts’ role in thwarting — or at least slowing down — the Trump education juggernaut. States, districts, unions, civil rights groups and parents sued McMahon, and multiple courts agreed the department skirted the law in slashing funding and staff. But some observers say the administration is playing a long game and may view such losses as temporary setbacks.
“The administration’s plan is to push on multiple fronts to test the boundaries of what they can get away with,” said Jeffrey Henig, a professor emeritus of political science and education at Teachers College, Columbia University. “Cut personnel, but if needed, add them back later. What’s gained? Possible intimidation of ‘deep state’ employees and a chance to hire people that will be ‘a better fit.’ ”
A recent example of boundary testing: The administration withheld nearly $7 billion for education the president already approved in March.
But the move is practically lifted from the pages of Project 2025, the right-wing blueprint for Trump’s second term. In that document, Russ Vought, now Trump’s director of the Office of Management and Budget, argues that presidents must “handcuff the bureaucracy” and that the Constitution never intended for the White House to spend everything Congress appropriated.
The administration blames Democrats for playing the courts. White House Deputy Chief of Staff Stephen Miller accused “radical rogue judges” of getting in the president’s way.
The end result is often administrative chaos, leaving many districts unable to make routine purchases and displaced staff unsure whether to move on with their lives.
While the outcome in the lower courts has been mixed, the Supreme Court — which has looked favorably on much of Trump’s agenda — is expected any day to weigh in on the president’s biggest prize: whether McMahon can permanently cut half the department’s staff.
In that case, 21 Democratic attorneys general and a Massachusetts school district sued to prevent the administration from taking a giant step toward eliminating the department.
“Everything about defunding and dismantling by the administration is in judicial limbo,” said Neal McCluskey, director of the libertarian Cato Institute’s Center for Educational Freedom. As a supporter of eliminating the department, he lamented the slow pace of change. “If the Supreme Court allows mass layoffs, though, I would expect more energy to return to shrinking the department.”
The odds of that increased last week when the court ruled that mass firings at other agencies could remain in effect as the parties argue the case in the lower courts.
While the lawsuits over the Education Department are separate, Johnathan Smith, chief of staff and general counsel at the National Center for Youth Law, said the ruling is “clearly not a good sign.” His case, filed in May, focuses on cuts specifically to the department’s Office for Civil Rights, but the argument is essentially the same: The administration overstepped its authority when it gutted the department without congressional approval.
Solicitor General John Sauer, in his brief to the Supreme Court, said the states had no grounds to sue and called any fears the department couldn’t make do with a smaller staff merely “speculative.”
Education Secretary Linda McMahon defended her cuts to programs and staff before a House education committee June 4. (Sha Hanting/China News Service/VCG via Getty Images)
Even if the Supreme Court rules in McMahon’s favor, its opinion won’t affect previous rulings and other lawsuits in progress against the department.
Here’s where some of those key legal battles stand:
COVID relief funds
McMahon stunned states in late March when she said they would no longer receive more than $2 billion in reimbursements for COVID-related expenses. States would have to make a fresh case for how their costs related to the pandemic, even though the department had already approved extensions for construction projects, summer learning and tutoring.
On June 3, a federal judge in Maryland blocked McMahon from pulling the funds.
Despite the judicial order, not all states have been paid.
The Maryland Department of Education still had more than $400 million to spend. Cherie Duvall-Jones, a spokeswoman, said the agency hasn’t received any reimbursements even though it provided the “necessary documentation and information” federal officials requested.
The cancellation forced Baltimore City schools to dip into a reserve account to avoid disrupting tutoring and summer school programs.
Madison Biedermann, a spokeswoman for the department, declined to comment on why it had yet to pay Maryland or how much the department has distributed to other states since June.
Mass firings
In the administration’s push to wind down the department, McMahon admits she still needs staff to complete what she calls her “final mission.” On May 21, she told a House appropriations subcommittee that she had rehired 74 people. Biedermann wouldn’t say whether that figure has grown, and referred a reporter to the hearing video.
“You hope that you’re just cutting fat,” McMahon testified. “Sometimes you cut a little in the muscle.”
The next day, a federal district court ordered her to also reinstate the more than 1,300 employees she fired in March, about half of the department’s workforce. Updating the court on progress, Chief of Staff Rachel Oglesby said in a July 8 filing that she’s still reviewing survey responses from laid off staffers and figuring out where they would work if they return.
Student protestors participate in the “Hands Off Our Schools” rally in front of the U.S. Department of Education on April 4 in Washington, D.C. (Getty Images)
But some call the department’s efforts to bring back employees lackluster, perhaps because it’s pinning its hopes on a victory before the Supreme Court.
“This is a court that’s been fairly aggressive in overturning lower court decisions,” said Smith, with the National Center for Youth Law.
His group’s lawsuit is one of two challenging cuts to the Office for Civil Rights, which lost nearly 250 staffers and seven regional offices. They argue the cuts have left the department unable to thoroughly investigate complaints. Of the 5,164 civil rights complaints since March, OCR has dismissed 3,625, Oglesby reported.
In a case brought by the Victim Rights Law Center, a Massachusetts-based advocacy organization, a federal district court judge ordered McMahon to reinstate OCR employees.
Even if the case is not reversed on appeal, there’s another potential problem: Not all former staffers are eager to return.
“I have applied for other jobs, but I’d prefer to have certainty about my employment with OCR before making a transition,” said Andy Artz, who was a supervising attorney in OCR’s New York City office until the layoffs. “I feel committed to the mission of the agency and I’d like to be part of maintaining it if reinstated.”
DEI
An aspect of that mission, nurtured under the Biden administration, was to discourage discipline policies that result in higher suspension and expulsion rates for minority students. A 2023 memo warned that discrimination in discipline could have “devastating long-term consequences on students and their future opportunities.”
But according to the department’s Feb. 14 guidance, efforts to reduce those gaps or raise achievement among Black and Hispanic students could fall under its definition of “impermissible” DEI practices. Officials demanded that states sign a form certifying compliance with their interpretation of the law. On April 24, three federal courts ruled that for now, the department can’t pull funding from states that didn’t sign. The department also had to temporarily shut down a website designed to gather public complaints about DEI practices.
The cases, which McMahon has asked the courts to dismiss, will continue through the summer. In court records, the administration’s lawyers say the groups’ arguments are weak and that districts like Decatur simply overreacted. In an example cited in a complaint brought by the NAACP, the Waterloo Community School District in Iowa responded to the federal guidance by pulling out of a statewide “read-In” for Black History Month. About 3,500 first graders were expected to participate in the virtual event featuring Black authors and illustrators.
The department said the move reflected a misunderstanding of the guidance. “Withdrawing all its students from the read-In event appears to have been a drastic overreaction by the school district and disconnected from a plain reading of the … documents,” the department said.
Desegregation
The administration’s DEI crackdown has left many schools confused about how to teach seminal issues of American history such as the Civil Rights era.
It was the Civil Rights Act of 1964 that established “desegregation centers” across the country to help districts implement court-ordered integration.
In 2022, the Biden administration awarded $33 million in grants to what are now called equity assistance centers. But Trump’s department views such work as inseparable from DEI. When it cancelled funding to the centers, it described them as “woke” and “divisive.”
Judge Paul Friedman of the U.S. District Court for the District of Columbia, a Clinton appointee, disagreed. He blocked McMahon from pulling roughly $4 million from the Southern Education Foundation, which houses Equity Assistance Center-South and helped finance Brown v. Board of Education over 70 years ago. His order referenced President Dwight Eisenhower and southern judges who took the ruling seriously.
“They could hardly have imagined that some future presidential administration would hinder efforts by organizations like SEF — based on some misguided understanding of ‘diversity, equity, and inclusion’ — to fulfill Brown’s constitutional promise to students across the country to eradicate the practice of racial segregation.”
He said the center is likely to win its argument that canceling the grant was “arbitrary and capricious.”
Raymond Pierce, Southern Education Foundation president and CEO, said when he applied for the grant to run one of the centers, he emphasized its historical significance.
“My family is from Mississippi, so I remember seeing a ‘colored’ entrance sign on the back of the building as we pulled into my mother’s hometown for the holidays,” Pierce said.
Trump’s Justice Department aims to dismiss many of the remaining 130 desegregation orders across the South. Harmeet Dhillon, assistant attorney general for civil rights, has said the orders force districts to spend money on monitoring and data collection and that it’s time to “let people off the hook” for past discrimination.
But Eshé Collins, director of Equity Assistance Center-South, said the centers are vital because their services are free to districts.
“Some of these cases haven’t had any movement,” she said. “Districts are like ‘Well, we can’t afford to do this work.’ That’s why the equity assistance center is so key.”
Eshé Collins, director of Equity Assistance Center-South and a member of the Atlanta City Council, read to students during a visit to a local school. (Courtesy of Eshé Collins)
Her center, for example, works with the Fayette County schools in Tennessee to recruit more Black teachers and ensure minority students get an equal chance to enroll in advanced classes. The system is still under a desegregation order from 1965, but is on track to meet the terms set by the court next year, Collins said. A week after Friedman issued the injunction in the foundation’s case, Ruth Ryder, the department’s deputy assistant secretary for policy and programs, told Collins she could once again access funds and her work resumed.
Research
As they entered the Department of Education in early February, one of the first moves made by staffers of the Department of Government Efficiency was to terminate nearly $900 million in research contracts awarded through the Institute for Education Sciences. Three lawsuits say the cuts seriously hinder efforts to conduct high-quality research on schools and students.
Kevin Gee from the University of California, Davis, was among those hit. He was in the middle of producing a practice guide for the nation on chronic absenteeism, which continues to exceed pre-pandemic levels in all states. In a recent report, the American Enterprise Institute’s Nat Malkus said the pandemic “took this crisis to unprecedented levels” that “warrant urgent and sustained attention.” Last year’s rate stood at nearly 24% nationally — still well above the 15% before the pandemic.
Gee was eager to fully grasp the impact of the pandemic on K-3 students. Even though young children didn’t experience school closures, many missed out on preschool and have shown delays in social and academic skills.
Westat, the contractor for the project, employed 350 staffers to collect data from more than 860 schools and conduct interviews with children about their experiences. But DOGE halted the data collection midstream — after the department had already invested about $44 million of a $100 million contract.
Kevin Gee, an education researcher at the University of California, Davis, had to stop his research work when the Trump administration cancelled grants. (Courtesy of Kevin Gee)
“The data would’ve helped us understand, for the first time, the educational well-being of our nation’s earliest learners on a nationwide scale in the aftermath of the pandemic,” he said.
The department has no plans to resurrect the project, according to a June court filing. But there are other signs it is walking back some of DOGE’s original cuts. For example, it intends to reissue contracts for regional education labs, which work with districts and states on school improvement.
“It feels like the legal pressure has succeeded, in the sense that the Department of Education is starting up some of this stuff again,” said Cara Jackson, a past president of the Association for Education Finance and Policy, which filed one of the lawsuits. “I think … there’s somebody at the department who is going through the legislation and saying, ‘Oh, we actually do need to do this.’ ”
Mental health grants
Amid the legal machinations, even some Republicans are losing patience with McMahon’s moves to freeze spending Congress already appropriated.
In April, she terminated $1 billion in mental health grants approved as part of a 2022 law that followed the mass school shooting in Uvalde, Texas. The department told grantees, without elaboration, that the funding no longer aligns with the administration’s policy of “prioritizing merit, fairness and excellence in education” and undermines “the students these programs are intended to help.”
The secretary told Oregon Democratic Sen. Jeff Merkley in June that she would “rebid” the grants, but some schools don’t want to wait. Silver Consolidated Schools in New Mexico, which lost $6 million when the grant was discontinued, sued her on June 20th. Sixteen Democrat-led states filed a second suit later that month.
The funds, according to Silver Consolidated’s complaint, allowed it to hire seven mental health professionals and contract with two outside counseling organizations. With the extra resources, the district saw bullying reports decline by 30% and suspensions drop by a third, according to the district’s complaint. Almost 500 students used a mental health app funded by the grant.
A judge has yet to rule in either case, but Republican Rep. Brian Fitzpatrick of Pennsylvania and other members of a bipartisan task force are holding McMahon to her word that she’ll open a new competition for the funds.
“These funds were never intended to be a theoretical exercise — they were designed to confront an urgent crisis affecting millions of children,” Fitzpatrick said in a statement. “With youth mental health challenges at an all-time high, any disruption or diversion of resources threatens to reverse hard-won progress and leave communities without critical supports.”
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.
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.”
“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.”
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.
President Donald Trump has signed a much anticipated executive order that he said is designed to close the U.S. Department of Education.
The order Trump signed Thursday tells Education Secretary Linda 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 says McMahon should ensure “the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
Despite polling to the contrary, Trump said in his speech Thursday that closing the department is a popular idea that would save money and help American students catch up to other countries. He also said his order would ensure that other federal agencies take over major programs now housed at the Education Department, like those for students from low-income backgrounds and students with disabilities.
“Beyond these core necessities, my administration will take all lawful steps to shut down the department,” Trump said. “We’re going to shut it down, and shut it down as quickly as possible. It’s doing us no good. We want to return our students to the states.”
The executive order represents a symbolic achievement for Trump, who for years has expressed a desire to close the department. Yet the president has already radically transformed the department without relying on such an order. McMahon announced massive layoffs and buyouts earlier this month that cut the department’s staff nearly in half.
Beyond the rhetoric, it’s unclear how exactly the order will impact the department’s work or existence.
The order does not directly change the department’s annual budget from Congress. And federal law dictates many of the Education Department’s main functions–changing those would require congressional approval that could be very hard to secure.
Still, Trump’s move to dramatically slash the department’s staff could impact its capacity and productivity, even if officially its functions remain in place.
At her confirmation hearing, McMahon promised to work with Congress on a reorganization plan. Project 2025, a prominent blueprint for conservative governance from the Heritage Foundation released before Trump’s second term, says that along with closing the Education Department, the federal government should move the department’s education civil rights enforcement to the Department of Justice, while the collection of education data should move to the U.S. Census Bureau.
In a statement on Thursday, McMahon said closing the Education Department does not mean cutting off funds from those who depend on them.
“We will continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs,” she wrote. “We’re going to follow the law and eliminate the bureaucracy responsibly by working with Congress and state leaders to ensure a lawful and orderly transition.”
The executive order notes that the Education Department does not educate any students, and points to low test scores on an important national assessment as evidence that federal spending is not helping students.
“Closing the Department of Education would provide children and their families the opportunity to escape a system that is failing them,” the order says.
Trump order is triumph for department’s foes
The Republican governors of Florida, Texas, Iowa, Indiana, Ohio, Louisiana, Tennessee, Idaho, and Nebraska were present during the signing ceremony. Trump said they “badly” wanted the federal government to give their states more control over education.
The Education Department administers billions of dollars in federal assistance through programs such as Title I, which benefits high-poverty schools, and the Individuals with Disabilities Education Act, or IDEA, which offsets the cost of special education services.
The department also administers financial aid for college students, shares information about best practices with states and school districts, and enforces civil rights laws. And it oversees the school accountability system, which identifies persistently low-performing schools to extra support.
States and school districts already make most education decisions, from teacher pay to curriculum choices.
Conservatives have wanted to get rid of the U.S. Department of Education since it was created by President Jimmy Carter and Congress in 1979, and Trump talked about doing so in his first administration. But those efforts never gained traction.
Conservatives say that for decades the department has failed to adequately address low academic performance. They also see the department as generally hostile to their political and ideological perspectives.
The executive order says that McMahon must ensure that “any program or activity receiving Federal assistance terminate illegal discrimination obscured under the label ‘diversity, equity, and inclusion’ or similar terms and programs promoting gender ideology,” a reference to policies intended to make schools more welcoming for students of color and LGBTQ students.
They say they’re already seeing impacts from layoffs, which hit the Office for Civil Rights, Federal Student Aid, and the Institute of Education Sciences particularly hard.
The Education Department already was one of the smallest cabinet-level departments, with around 4,100 employees, before the layoffs. With buyouts and layoffs, the department now employs just under 2,200 people.
Chalkbeat is a nonprofit news site covering educational change in public schools.
The U.S. Department of Education announced March 11 that it’s cutting its workforce nearly in half–a move that Education Secretary Linda McMahon said is a first step toward eliminating the department.
Roughly a third of staff will lose their jobs through a “reduction in force,” the department said in a press release. Combined with voluntary buyouts, the Education Department will have just under 2,200 employees by the end of the month, compared with 4,133 when President Donald Trump took office with promises to shutter the department.
The layoffs represent a significant escalation of Trump’s efforts to reduce the department’s role in education, which is mostly run by states and school districts. Already, the administration has canceled hundreds of millions of dollars in grants and contracts that paid for education research, technical assistance to states and school districts, and teacher training programs.
Affected staff will be placed on administrative leave starting March 21, the department said. Ahead of the announcement, workers were told to leave the office by 6 p.m. Tuesday and that the office would remain closed until Thursday “for security reasons.” McMahon later said this was standard corporate process when layoffs occur.
“Today’s reduction in force reflects the Department of Education’s commitment to efficiency, accountability, and ensuring that resources are directed where they matter most: to students, parents, and teachers,” McMahon said in a press release. “I appreciate the work of the dedicated public servants and their contributions to the Department. This is a significant step toward restoring the greatness of the United States education system.”
The Education Department administers major federal funding programs such as Title I, which provides extra money to high-poverty schools, and the Individuals with Disabilities Education Act, or IDEA, which supports special education. It also investigates civil rights complaints and oversees an accountability system that pushes states to identify low-performing schools and provide them with additional resources.
Exactly how the layoffs will affect specific programs was not immediately clear. A former Education Department staffer, who spoke with Chalkbeat on the condition of anonymity because they were not authorized to disclose the information, said the entire Office for Civil Rights teams based in Philadelphia, Chicago, San Francisco, Cleveland, Boston and New York were let go. That represents half of regional civil rights offices.
The department said all divisions are affected but did not describe specific positions that were eliminated. In the press release, department officials said all functions required by law will continue.
Only Congress can eliminate the department, but such deep cuts could leave the department a shell of its former self.
Appearing on “The Ingraham Angle” on Fox News shortly after the layoffs were announced, McMahon said Trump had given her a clear mandate to shutter the department. She said she would work with Congress to do that. Immediately cutting these positions would help the federal government send more money to the states, she said.
“I said ‘OK we have to identify where the bloat is, where the bureaucracy is, and we’re going to start there,’ McMahon said. “We need to make sure that that money does get to the states.”
Trump is expected to sign an executive order to start the process of eliminating the department, but has not yet done so. Conservatives say that for decades the department has failed to adequately address low academic performance and is a bloated bureaucracy.
On Fox, McMahon reassured viewers that programs such as IDEA would still be funded through congressional appropriations. Asked what IDEA stood for, McMahon responded, “I’m not sure I can tell you exactly what it stands for except that it’s programs for disabled needs. It’s my fifth day on the job, and I’m really trying to learn quickly.”
Public education advocates fear that if money flows unrestricted to states, there’s no guarantee it will help the most vulnerable students. Even without an executive order, they worry that administrative changes could affect the department’s ability to perform basic functions.
Randi Weingarten, president of the American Federation of Teachers, condemned the layoffs.
“Denuding an agency so it cannot function effectively is the most cowardly way of dismantling it,” she said in a statement. “The massive reduction in force at the Education Department is an attack on opportunity that will gut the agency and its ability to support students, throwing federal education programs into chaos across the country.”
Sheria Smith, president of the American Federation of Government Employee Local 252, which represents 2,800 Education Department employees, said the union will fight back against the layoffs and against what she called a misinformation campaign about the department’s work.
“We must ask our fellow Americans: do you want your and your children’s rights enforced in school? Do you want your children to have the ability to play sports in their school districts? Do you need financial aid for college? Are you a fellow civil servant that relies on student loan forgiveness? Does your school district offset property taxes with federal funding?” she said in a statement.
“If yes, then you rely on the Department of Education, and the services you rely on and the employees who support them are under attack.”
Department staff were given one-time offers of up to $25,000 to retire or resign in advance of a “very significant reduction in force.” More than 500 employees took some form of buy out.
Another 1,300 employees are losing their jobs through the reduction in force, McMahon announced.
Employees who are laid off will be paid through June 9.
This story has been updated to include comments from Linda McMahon on Fox News, reaction to the layoffs, and additional information about affected offices.
Chalkbeat is a nonprofit news site covering educational change in public schools.
