Last week, President Donald Trump signed an executive order aiming to begin the dismantling of the Department of Education.
This week, states including California, education advocacy groups, school districts and unions responded by filing multiple lawsuits alleging Trump’s executive order is illegal, violating the Constitution and federal law.
Before signing the order, Trump had already set the wheels in motion – canceling contracts and cutting the education department by 50%, impacting as many as 2,000 workers. Due to the layoffs, the department’s Office of Civil Rights, which protects students from discrimination and sexual assault, was shut down.
“My administration will take all lawful steps to shut down the department. We’re going to shut it down and shut it down as quickly as possible. It’s doing us no good,” Trump declared.
But, as zealous as the president is to shut down the department, it will take more than his huge signature on an executive order that he proudly held up to cameras shamelessly staged with children sitting at small school desks surrounding him.
The complete shuttering of the education department, a cabinet-level agency, will need more than a photo op; it will take votes from Congress with bipartisan support.
Members of Congress are aware that their vote will be noticed as families who utilize the public school system and school districts who count on federal funding are organizing against Trump’s latest move. It’s the biggest step in his wider effort to dismember federal agencies. Amid the pushback, a letter from the department was sent out threatening to revoke federal funding for K-12 schools and colleges that have inclusive programs and curricula.
Sen. Padilla Speaks Out
Sen. Alex Padilla, a formidable adversary, has been vocal in standing up against Trump’s agenda. He voted against Linda McMahon, Trump’s pick for Secretary of Education.

“They want to confirm a Secretary of Education and turn around and eliminate the Department of Education, that’s their objective,” said Padilla prior to the McMahon Senate vote. His remarks accurately predicted what has now transpired.
McMahon was confirmed – and Trump, with much bravado, signed an executive order to do away with the department that was formed by Congress in 1979, supported by President Jimmy Carter.
In a video message from his office in Washington D.C., Padilla, who grew up in Pacoima, proudly held up his San Fernando High School Tigers tee-shirt, the public school that led him to achieve a degree in mechanical engineering from the Massachusetts Institute of Technology (MIT).
“What I know from my experience, education is the key to achieving the American dream – it’s all my parents wanted for my brother, sister and me – get a good education and you’ll get a lot of good opportunities in life. And that’s exactly what Republicans want to take away from us,” said Padilla.
McMahon to Carry Out Trump’s Executive Order
While Congress has yet to vote, Trump has already used his power to order McMahon to facilitate the education department’s closing and transfer its core functions to other departments.
McMahon said she would carry out Trump’s order to “return education to the states where it belongs, and free American students from the education bureaucracy through school choice.”
The largely conservative school choice movement has lobbied to roll back funding to K-12 public schools to provide funds and vouchers for enrollment into private schools and home schooling.
UTLA President Says to Fight Back for Public Education
Cecily Myart-Cruz, President of United Teachers Los Angeles (UTLA), has called Trump’s executive order a full-scale attack on students, schools and working class families.
“This reckless, anti-democratic move reveals a disturbing truth: those in power will sacrifice our children’s education and our nation’s prospects.”
She said the impact of doing away with the department wouldn’t be immediately felt as LAUSD currently remains financially stable due to its reserves. Eliminating the department would devastate vulnerable communities – especially in rural areas, conservative states and low-income districts – where nearly 90% of students rely on public education.
“Make no mistake: this isn’t about academic freedom. This ploy serves as a distraction while billionaires and technocrats steal from our communities, stripping public schools of vital resources and handing them over to crooks who put profits over children,” said Myart-Cruz.
“Public education is a fundamental right, not a bargaining chip for fascists, billionaires and self-serving politicians. Congress has an opportunity to reject this callous move, and if they refuse to stand up for the people they serve, we will do what they won’t – fight like hell to defend our schools, our students and our communities.”