President Trump has signed an executive order to dismantle the U.S. Department of Education, shifting oversight and funding responsibilities to states. Experts say the move could have widespread impacts on schools nationwide.
President Trump delivered on his promise to do what he can to dismantle the Department of Education. On Thursday, he issued an executive order to "take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the states."
The action likely violates the Constitution unless Congress takes similar action, as the legislative branch puts statutes in place that cannot be overridden by an executive order. A case before the U.S. Supreme Court is likely.
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WATCH HEREState lawmakers will have to decide which funding and programs they want to continue. Both Gov. Greg Abbott and Lt. Gov. Dan Patrick attended the ceremony when President Trump signed the order.
If successful, NBC 5 explored what the Department of Education does. It is unclear whether the far-reaching programs administered by Washington, D.C., will transfer to the Texas Education Agency. A spokesperson for the TEA tells NBC 5 they are ready to take on the role.
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SIGN UP “This executive order returns control of education back to the states. TEA is prepared to implement any changes to better serve the students, school systems and taxpayers of Texas," said Jake Kobersky, from the Texas Education Agency.
Texas built programs
A bulk of the Department of Education funds Title I, a program stemming from the Elementary and Secondary Education Act passed in 1965 under President Lyndon B. Johnson as part of his "War on Poverty." President George W. Bush later added testing and accountability requirements under the No Child Left Behind Act. Hundreds of schools across Texas—and the country—receive billions in federal funding with stricter oversight on student performance.
According to TEA documents, more than 220 schools in Dallas ISD, more than 120 schools in Fort Worth ISD, 12 schools in Frisco ISD, and 25 schools in Lewisville ISD receive Title I funding to focus on improving outcomes for low-income students, English language learners, and students with special needs. Dozens of districts in North Texas have Title I schools.
“We can really see what’s happening for every kid in this country. It’s kind of a way for us to know if our public system is seeing and serving every kid who’s showing up in a public school,” said Anne Wicks from the George W. Bush Presidential Center.
To Wicks, the statewide testing requirements and accountability system are key metrics to ensure students are learning what will prepare them for the real world and future jobs. It is unclear who will manage that money and those requirements after Trump’s executive order.
"There are lots of elements in our system. How you make a big change like this? It’s sort of TBD on how this will play out over time," Wicks said.
“That was a Texas idea that really became embodied in federal law," said Jonathan Feinstein, the Texas director of Ed Trust.
He told NBC 5 that No Child Left Behind standards have been a key oversight tool for Texas public school districts, and it’s unclear if each state will maintain the same standards.
"Before No Child Left Behind, less than half of states even required annual standardized tests," Feinstein said.
Other aspects of K-12 education
The Department of Education also investigates complaints from parents who believe their child is being treated unfairly or illegally. It also enforces the Individuals with Disabilities Education Act to ensure special needs students receive the services they need.
According to the University of Kansas, more than 8 million students with disabilities across the country did not receive the educational services they needed before the Individuals with Disabilities Education Act.
Feinstein from Ed Trust worries that without Department of Education oversight, states may allow students to fall through the cracks.
"We risk rolling back essential protections for students with disabilities," Feinstein told NBC 5.
Staffers in the Department of Education also help families navigate FAFSA and Pell Grant paperwork for higher education. Those programs are funded by the same department.
The department also houses researchers who identify best teaching practices. It administers the "Nation’s Report Card"—the National Assessment of Educational Progress (NAEP)—which compares how each state is performing in reading, math, and other subjects. Texas usually ranks near the bottom in NAEP scores.
The former education secretary weighs in
Former Secretary of Education under President Bush, Margaret Spellings, wrote to NBC 5, “The executive order is largely what was expected, but it also included an important directive to continue funding beneficial programs like Pell Grants, Title I, and IDEA ‘uninterrupted.’ That’s a welcomed commitment, but taxpayers must also know what they are getting for their money. Recent layoffs at the department will make following through on that commitment a challenge."
Secretary of Education says the goal is to move programs but keep services
In an interview with Fox News, Secretary of Education Linda McMahon said an early idea is to give states block grants of federal money with fewer strings attached. That would mean states would have more flexibility in deciding which standards to keep or eliminate. She admitted the administration would have to "work with Congress" to put all of this legally in place.
Spellings, the education secretary under President Bush, praised McMahon.
“The hard work begins now among Congress, the Trump administration, and families to determine how best to serve students. Secretary McMahon is an accomplished business leader with government and education experience at the federal, state, and local levels, which makes her well-suited to play a leading role in this process," wrote Spellings.
