You've probably heard the headlines. A president signs a bold executive order, or a candidate stands on a rally stage promising to "shutter the doors" of the Department of Education (ED) on day one. It sounds fast. It sounds simple. But honestly? In the world of D.C. bureaucracy and constitutional law, "simple" is a word that rarely applies.
If you’re wondering can the president close the Department of Education by themselves, the short answer is a hard no. They can’t just walk in, change the locks, and send everyone home.
Our government doesn't really work like a private business where the CEO can just fold a failing department overnight. There are layers of laws, "checks and balances" that actually mean something, and a $1.6 trillion student loan portfolio that doesn't just vanish because someone signed a piece of paper. To understand what's actually happening in 2026, we have to look at the difference between "closing" a building and "dismantling" a mission.
The Legal Reality: Congress Holds the Keys
The Department of Education wasn't created by a president’s whim. It was established by the Department of Education Organization Act of 1979, signed by Jimmy Carter. Because an act of Congress created it, only an act of Congress can legally kill it.
Think of it like this: the President is the driver of the car, but Congress built the car and owns the title. The driver can decide where to go or how fast to drive, but they can't decide to scrap the vehicle for parts without the owner's permission.
🔗 Read more: Rowland Heights Earthquake: What Really Matters for Local Residents
Why a Stroke of the Pen Isn't Enough
- The Filibuster: Even if a president has a friendly House of Representatives, the Senate is a different beast. To officially "abolish" the department, you'd usually need 60 votes to overcome a filibuster. That's a high bar that almost no controversial policy hits these days.
- Statutory Duties: Laws like the Individuals with Disabilities Education Act (IDEA) and Title I (which sends billions to low-income schools) specifically name the Secretary of Education as the person responsible for the money. If the department is gone, the law is still there, but there’s no one legally allowed to sign the checks.
- The "Take Care" Clause: The Constitution says the president must "take Care that the Laws be faithfully executed." If they just stop running a department that Congress told them to run, they’re basically breaking their job description.
Can the President Close the Department of Education Using a "Workaround"?
Now, this is where things get interesting—and a little messy. While a president can't officially delete the department, they can certainly try to make it irrelevant. This is what we're seeing play out right now with the current administration.
Instead of a front-door closure, they're using what some call a "deconstruction" strategy.
The Shell Game: Inter-Agency Agreements
Recently, the administration started moving the "furniture" before the "house" was sold. By using Inter-Agency Agreements (IAAs), they've been shifting huge chunks of the ED's workload to other departments.
- Department of Labor: They’re now handling massive grant programs for K-12 schools, including Title I.
- Department of the Interior: They've taken over programs for Native American education.
- Department of Health and Human Services: They're looking at managing student aid for parents in college.
Basically, the administration is trying to prove a "proof of concept." They want to show Congress that the department's functions can survive elsewhere so that, eventually, Congress feels comfortable voting to officially end it. It’s a "gutting" process rather than a "closing" process.
👉 See also: Munich 72 and Beyond: Why the Tragedy Still Shapes Global Security and Sport
What Happens to the $1.6 Trillion in Student Loans?
This is the biggest question for the 43 million people with federal student debt. If you think your loans disappear if the department closes, I have bad news.
The money belongs to the U.S. Treasury. If the Department of Education goes away, the debt doesn't. The administration has already floated moving the Office of Federal Student Aid (FSA) over to the Small Business Administration (SBA) or the Treasury Department.
The FAFSA—that yearly headache every college student knows—isn't going anywhere either. It’s mandated by law. The only thing that might change is whose logo is at the top of the website and how slowly your emails get answered during the transition.
The Lawsuits: Why 2026 is a Legal Battlefield
Naturally, people are suing. State attorneys general, like California's Rob Bonta, have filed massive lawsuits claiming these transfers of power are illegal.
The argument is pretty straightforward: the Administrative Procedure Act (APA) says agencies can't just make "arbitrary and capricious" changes without a really good reason and a public process. Opponents argue that firing half the staff and moving billions of dollars to the Labor Department without asking Congress is a textbook violation of the law.
"The President is trying to do through the back door what they can't get through the front door of Congress," critics often argue.
We’re currently waiting on the courts to decide if a president can effectively "starve" an agency to death by refusing to staff it or by moving its budget elsewhere. It's a constitutional showdown that could end up at the Supreme Court.
Surprising Facts About the ED’s History
Most people don't realize the Department of Education is actually the smallest cabinet-level department in terms of staff, even though it handles a massive budget. It’s also been a target since the day it was born.
- Ronald Reagan campaigned on abolishing it in 1980. He failed.
- Bob Dole wanted it gone in 1996. He didn't win.
- Donald Trump proposed merging it with the Labor Department in 2018. It went nowhere.
It seems like every few decades, we have this exact same conversation. The reason it never happens is that even Republican lawmakers often realize their local schools rely on that federal "Title I" and "IDEA" money. When the "abolish" rhetoric hits the reality of local school budgets, the political will usually crumbles.
🔗 Read more: What Really Happened With the JD Vance Debate Lies
Actionable Steps for Parents and Students
If you're worried about how this affects your life, don't panic, but do stay organized. The "closure" of the department is more of a slow-motion reorganization than a sudden blackout.
- Keep Your Records: If you have a student loan, download your payment history and current balance now. If the servicer or agency changes, you want your own paper trail.
- File Your FAFSA Early: Don't wait. Transition periods are always buggy. If the FSA is being moved to a new agency, expect technical glitches on the website.
- Contact Your Local School District: If your child receives special education services (IEP or 504 plan), check in with your district's federal programs coordinator. They are the ones who actually receive the money and can tell you if their funding has been delayed by the federal reshuffling.
- Watch the Courts: The real "answer" won't come from the White House; it will come from a federal judge in Massachusetts or D.C. where these lawsuits are currently sitting.
The reality is that while the president has a lot of "bully pulpit" power, the U.S. government is built to be stubborn. Changing the entire education landscape of the country takes more than an executive order—it takes a level of congressional consensus that we haven't seen in decades.
Next Steps for You:
Check your current student loan servicer’s portal for any notices regarding "administrative stays" or "agency transfers." Many borrowers are being moved to new systems as part of the initial reorganization, and missing an email could lead to missed payments or lost records.