Will They or Won't They? Congress Unlikely to Approve Closure of Dept of Education

Congressional Appropriations Indicate they will not approve the Closure of the Department of Education

Normally, federal agencies would adhere to the direction that accompanies the Congressionally mandated funding. However, these are not normal times. Instead, the Trump administration tends to ignore direction from Congress as well as the courts. Sadly, it may not be until after the midterm elections that Congress will be able and willing to reassert its rightful clout. 

Take for example, the situation with Congress and the Department of Education (ED). Only Congress can create or close an agency but from the first days of this administration the plan was to close the ED. President Trump has claimed he can do whatever he wants, but constitutional scholars disagree. In fact, currently there are 78 lawsuits challenging changes to K-12 public education and the ED. 

Congress does not agree to closing the ED. Instead they provided full funding and then some: $79 billion which is $200 million more than in 2025 and stands in contrast to the $12 billion cut proposed by the Trump Administration. This was a clear rejection of the administration’s plan to abolish the ED. Also, Congress rejected the administration’s efforts to reduce or end funding for low-income and disadvantaged student programs under Title 1, services under the Individuals with Disabilities Education Act, Title III services for English learners, and Title II programs for professional development. 

The six interagency agreements that the ED is using to outsource department responsibilities were not rescinded by Congress in their Budget Bill, even after Congressional Democrats claimed the interagency agreements were illegal. Also, legislation that accompanied the ED appropriations did not limit similar actions by the ED in the future. However, Congress did require that the ED must consult more closely with Congress on new interagency agreements to outsource ED responsibilities. In addition, Congress provided almost $400 million of compensation to staff that were caught up in the department’s downsizing. Recent reductions in staff have cut the number of ED staff in half. 

Although it is too early to know how closely the Trump administration will follow the rules that accompany the appropriations, all indications are that the administration will continue to gut the ED and challenge direction from Congress and the courts. The ED lacks transparency about how they are spending Congressionally allocated funds and this lacks accountability to Congress, taxpayers, and the parents and students who are directly impacted by the administration’s decisions.

Click to read more about how the Dept of Education is being stripped of funding and function by Trump