Can Trump kill the Department of Education?

 Time -  “You can't just drop a bomb on the Department of Education and turn it into rubble,” says Jonathan E. Collins, a professor of political science and education at Teachers College, Columbia University. “Legally, it has to start with Congress, not the President.”

Congress created the Department of Education, and only Congress can abolish it. Under the Executive Order, which was first reported by the Wall Street Journal, the President would seek to bar the Department of Education from performing functions that are not clearly outlined in any statutes. Officials are also considering how to move certain functions of the agency to different departments, sources told the Journal. The Executive Order would also reportedly call on Congress to approve efforts to dismantle the Education Department...

Much of the function of the Education Department involves administering programs that are funded through the federal budget, including Pell grants and federal work study programs, both of which provide financial assistance to students enrolled in higher education and are appropriated by Congress. The agency also oversees programs such Title I, which provides financial assistance to school districts serving low-income students. 

Given Congress’ authority, Collins says Trump would likely issue an Executive Order that doesn’t fully abolish the Education Department, and instead dials back the responsibilities of the agency. Experts note that regardless of what Trump attempts to do, many of the programs the Department of Education oversees have bipartisan support, like grants that provide funding for special education services for children with disabilities, and lawmakers have an interest in ensuring their local schools or universities do not lose funds for specific programs or students. Instead, the Trump Administration would have to find new homes for the funding streams that the Department oversees. “You can't just get rid of those funded programs,” says Josh Cowen, an education policy Michigan State University professor and author of The Privateers, How Billionaires Created a Culture War and Sold School Vouchers. “You have to have a very clear plan for which dollars are going where and to which agencies.” More