Unlawful executive action to eliminate Department of Education would devastate North Carolina public schools and educational opportunities for children

RALEIGH (March 27, 2025) – The NC Justice Center is appalled by the Trump administration’s executive order to dismantle the Department of Education. Not only is this action unlawful, but it is also deeply unpopular and, most importantly, bad for students across our nation.

This executive order is just another attack on the rights of students—particularly those from marginalized communities—undertaken by right wing officials at the state and federal level. So far, the Trump administration has already eliminated funding for teacher recruitment and retention grants, gutted the Office of Civil Rights, and stripped educational research capabilities.

The federal government provides about 10 percent of our schools’ funding. It funds programs like Title I, which supports students experiencing poverty; IDEA, which provides students with disabilities access to special education classes; and child nutrition programs that prevent students from going hungry.

Over $1 billion of annual funding is at risk if the Trump administration unlawfully eliminates Department of Education funding streams. Our already-underfunded schools would lose 6,436 classroom teachers, 21 percent (4,659) of all teacher assistants, and 15 percent (2,810) of all instructional support personnel (nurses, psychologists, social workers, counselors, etc.). These cuts would fall hardest on students with disabilities and students from families with low incomes.

The executive order is also widely unpopular. A recent poll conducted by Data for Progress shows that 61 percent of likely voters oppose the elimination of the Department of Education. Since its announcement, multiple lawsuits have been filed challenging the order, including legal action taken by teacher unions, associations of professors, public school districts, and the NAACP.

Moreover, the order is unlawful, as it requires an act of Congress to eliminate the Department of Education. The president does not have the authority to close it with an executive order alone.

These federal efforts to attack inclusive public schools are an extension of reactionary efforts at the state level. North Carolina has the second-worst school funding effort in the nation. Universal voucher schemes are worsening budget pressures and segregating our schools. Teacher vacancies are at record highs.

The NC Justice Center believes that all students deserve safe, welcoming, challenging, and joyous public schools. Strong public schools are the foundation of a multi-racial democracy and vital to a thriving economy. This is why we have long supported the implementation of the Comprehensive Remedial Plan ordered in the state’s landmark Leandro case, which is more vital than ever in light of these federal efforts to dismantle and defund public education.

Now is the time for our lawmakers in Congress to show whether they believe the same. We call on them to stand up against this unlawful, egregious, and destructive executive action.