What will happen at my school if Trump closes the Department of Education?

What will happen at my school if Trump closes the Department of Education?
Schools and students wouldn't immediately be impacted by an executive order targeting the agency. But they may already be feeling the effects of staff departures, turnover and new policies.
WASHINGTON – As President Donald Trump continues his campaign to gut federal agencies, one of his favorite targets has been the U.S. Department of Education, which he has vowed to close.

Education Secretary Linda McMahon confirmed on Fox News Friday that Trump “clearly intends” to sign an order targeting her department.
"He couldn't be any more clear when he says he wants me to put myself out of a job," she said.

As talk of imminent change brews, millions of students, parents, teachers, administrators and support staff may be wondering what exactly the U.S. Department of Education does – and doesn't – do, and how looming cuts to the agency could impact daily life on their campuses. They may also be asking whether such cuts are even lawful.
For starters, the department doesn’t decide what kids learn. It has no control over school curricula. And it’s not forcing teachers to teach anything.

Sending education “back to the states,” which President Donald Trump has repeatedly called for, is a bit like mandating the sun go back to the sky. It’s already there.
The federal government does, of course, have some broad authority over what goes on in the classroom environment. No educational program that receives federal funding – which includes K-12 schools, all public and some private; and colleges, all public and many private – can allow discrimination against students.

The Education Department is legally required to ensure that students and teachers with disabilities are treated fairly and that low-income schools get the resources they need to keep pace with more affluent ones. The agency also issues regulations for colleges to hold them accountable for preparing graduates for well-paying jobs.
Because the department was created by Congress, Trump cannot close it on his own.

McMahon, the new education secretary, acknowledged that at her confirmation hearing.

More: Trump's education secretary nominee once said she had an education degree. She doesn't.
She said she “understands” the need to work with Congress to downsize the agency and create a “better-functioning Department of Education.”

Many of the offices within the department were also established by law, so legislation would be needed to close them or transfer their functions to other agencies.

Can Congress close the Education Department?
Congress could abolish the department through a new law, but given the GOP’s slim margins in the Senate, the likelihood of passing such legislation is slim. At least seven Democrats would have to go along with such a vote, which is highly unlikely.

A more likely scenario is that Congress could pass legislation to reorganize the agency’s various functions, relocating them elsewhere within the government. But even that situation would require Democrats to get on board, which probably won't happen.

What happens to my financial aid if the Education Department closes?
Though Trump has promised to shutter the agency, its functions would have to stick around. Why? Because there are laws in place that created them.

A more likely scenario is that Congress could pass legislation to reorganize the agency’s various functions, relocating them elsewhere within the government. But even that situation would require Democrats to get on board, which probably won't happen.

What happens to my financial aid if the Education Department closes?

Though Trump has promised to shutter the agency, its functions would have to stick around. Why? Because there are laws in place that created them.

Technically, those laws should keep federal financial aid safe.

Even if the Education Department were reorganized, which would take an act of Congress, its obligations under Title IV of the Higher Education Act of 1965 would have to continue elsewhere. The law passed during the Johnson administration requires the government to administer student loan programs, issue grants and ensure that schools receiving federal money don't discriminate against students. To comply with it, Congress would have to pass a law putting another agency in charge of disbursing things like Pell Grants, which help lower-income students pay for college.