by Erin Vallely

On March 20th, 2025, President Trump signed Executive Order 14242 entitled “Improving Education Outcomes by Empowering Parents, States, and Communities.” An executive order is a rule the President makes that everyone in the government must follow. This executive order directs the Secretary of Education to do as much as she can within her power to close down the federal Department of Education.  The order says the goal is to return control of education to the States and local communities.  President Trump has said essential functions of the department will be shifted to other federal government departments. 

History of the Department of Education 

The country’s first federal education department was established by President Andrew Johnson in 1867.  The main purpose of the department at the time was to collect information about the condition and progress of education throughout the country.  However, the department was not popular because Southern states associated it with ongoing efforts to educate formerly enslaved people.  Due to its low popularity, Congress voted to demote the Department of Education to the Office of Education, although it continued its basic activities of data collection.   

The responsibilities of the Office of Education expanded when President Lyndon B. Johnson signed the Elementary and Secondary Education Act in 1965.  This Act was an effort to improve education quality differences between low-income urban and/or rural school systems and richer suburban school systems by providing federal funding to poorer schools.  The modern U.S. Department of Education was established by President Jimmy Carter in October 1979.  It changed the Department of Health, Education and Welfare to the Department of Health and Human Services by creating a separate department focused solely on education.  The purpose of reestablishing it as a federal government department was to create one department for all education related programs and needs.   

Function of the Department and Impact of the Executive Order on Education in the United States 

It is important to understand that the main functions of the federal Department of Education are to track national education data, manage funding to help minority students, provide funding assistance for higher education, and protect students’ civil rights.  While most education is funded by individual states, the federal government does give money to school districts to help support minority students’ needs.  The federal Department of Education has never had control over what is taught or how. 

While the full impacts of breaking up the Department of Education cannot be known, here is what we know as of the publication of this article.  President Trump wants student loan holdings to be transferred to the Small Business Administration and funding and protections enforcements for children with disabilities to be transferred to the Department of Health and Human Services.  The executive order also states that any school receiving federal funding must end activities the department deems as “diversity, equity, and inclusion.”  This could be problematic, especially for disabled students, because any disability services could technically fall under that description.   

It is important to know that about half of the Department of Education staff have been fired already, which will negatively impact the department’s ability to fulfill their duties as assigned by the U.S. Congress.  For example, people with questions about programs, as well as civil rights complaints, will have to wait much longer for assistance, if they get a response at all.  Additionally, President Trump acknowledges that he cannot close the federal Department of Education without a vote in favor of the decision by the U.S. Congress.  However, he can impact its ability to fulfill its mission and duties, unless the U.S. Congress steps in to undo these changes. 

Legal Safeguards Against Discrimination in Education 

While this executive order does have significant impacts on our federal education system, it does not change any of the laws related to education.  Laws cannot be changed without approval by the U.S. House of Representatives and the U.S. Senate.  Additionally, the functioning of state level departments of education is not impacted by this executive order.  Here are some laws you should know about related to education. 

• Section 504 of the Rehabilitation Act: Section 504 of the Rehabilitation Act of 1973 was signed into law by President Richard Nixon on September 26, 1973. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities.  This law makes it illegal for any organization that receives federal funding to discriminate against people with disabilities.  Schools are required to identify and support students with disabilities. 

• Americans with Disabilities Act (ADA):  Under the ADA, educational institutions must provide reasonable accommodations and modifications to ensure that students with disabilities can participate fully in school programs and activities. This includes providing support and services necessary for effective communication and program access. Schools are required to place students with disabilities with their non-disabled peers in the general education setting and in extracurricular activities whenever possible. 

• Individuals with Disabilities Education Act (IDEA): The IDEA adds additional safeguards to disabled students in public schools as well as public magnet and charter schools.  It requires schools to provide students with free appropriate public education in the least restrictive environment as possible.  It also outlines universal protections for students and their guardians in the special education system.  This is the most comprehensive special education law in the country. 

• Title IX of the Education Amendments of 1972: Title IX protects people from discrimination based on sex, including sexual orientation and gender identity, in education programs or activities that receive federal funding. Students are protected in admissions, financial assistance; athletics, sex-based harassment, treatment of pregnant and parenting students; treatment of LGBTQI+ students, discipline, single-sex education, and employment.  It also protects people from retaliation after making a complaint.   

• Title VI of the Civil Rights Act of 1964: Title VI protects people from discrimination based on race, color, or national origin in programs or activities that receive federal funding.  Students are protected in admissions, recruitment, financial aid, academic programs, student treatment and services, discipline, classroom assignments, grading, vocational education, recreation, physical education, athletics, and housing.  It also protects people from retaliation after making a complaint. 

Get Involved!   

Although these changes may feel overwhelming, it’s important to educate yourself on the changes and make sure you know your / your child’s legal rights.  Here’s some resources that can help you get started. 

• To find the latest information about the federal Department of Education, click here https://www.ed.gov/about/news  

• Find out more about the laws that protect people from discrimination in education by going to https://www.justia.com/education/discrimination-in-education/  

• Learn about the supports ATI offers to help you navigate the education system by going to https://aticortland.org/advocacy/  

If you have questions about the information above, have questions about your rights, or have questions about getting involved in advocacy, please contact ATI at 607-753-7363 or by email at info@aticortland.org.