The Freedom From Religion Foundation warns that the imminent executive order to shut down the Department of Education will pave the way for an explosion of unaccountable religious charter schools, the erosion of science-based curricula, and inequities and civil rights violations in the remaining public schools.
FFRF Co-President Annie Laurie Gaylor expressed deep concern over the potential consequences of this executive order: “Public education is the cornerstone of a free and democratic society — and the Department of Education plays a crucial role in ensuring that every child, regardless of their background, has access to a quality education.”
A draft of the order, shared with The Wall Street Journal, directs newly confirmed Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Education Department” based on “the maximum extent appropriate and permitted by law.”
Surveys show that almost two-thirds of Americans oppose getting rid of the department. Dumping the Education Department is one of the key directives in Project 2025, the Heritage Foundation’s Christian nationalist autocratic playbook.
McMahon referred to the coming moves in an email to staff soon after she was confirmed by the Senate, rallying support for the department’s dismantling and calling it “our opportunity to perform one final, unforgettable public service to future generations of students.” She added that American voters had “tasked us with accomplishing the elimination of the bureaucratic bloat here at the Education Department — a momentous final mission — quickly and responsibly.”
Much of the Freedom From Religion Foundation’s legal work focuses on ensuring that public schools remain secular and free from religious indoctrination, as the Constitution requires. The order will accelerate the dismantling of public education in favor of a privatized, religiously driven system that discriminates against nonbelievers, LGBTQ-plus students and other marginalized communities.
The Department of Education has been instrumental in enforcing federal civil rights laws, ensuring equal access to education, and providing critical funding for programs that support low-income students, students with disabilities and other marginalized groups. Its dissolution could lead to significant disparities in educational quality across states, particularly affecting those already underserved.
The modest department of about 4,200 employees also enforces civil rights laws on behalf of students, and oversees loans to college students.
Trump’s acolytes have already been at work dismantling the Education Department for weeks. Elon Musk’s “Department of Government Efficiency,” known as DOGE, has been working inside the Education Department, looking to cut spending and staff. Dozens of department employees have been put on paid administrative leave in response to Trump’s order banning diversity, equity and inclusion programs in the federal government, and earlier this week, DOGE offered employees at the Department of Education a one-time “buyout” of $25,000 if they resigned or retired by Tuesday.
McMahon is chair of the board of the America First Policy Institute, which she helped start with Tim Dunn, the billionaire Christian nationalist pastor seeking to destroy public education, privatize public schools and create a theocracy. The institute is a nonprofit think tank promoting policies aligned with Trump’s agenda. Its America First Agenda competes with Project 2025 as a playbook for the Trump administration, detailing the radical transformation it has planned for America’s education system in “Pillar IV: Give Parents More Control Over the Education of Their Children.”
Despite the ongoing anti-public school campaign, most U.S. voters continue to reject school vouchers. Three ballot initiatives on school choice failed just last November alone, including a ballot initiative in Kentucky funneling public money toward private schooling that was defeated by roughly 65 percent to 35 percent. In Nebraska, almost all 93 counties voted to repeal an existing voucher program, and in Colorado, voters rejected an attempt to add a “right to school choice” to the state Constitution.
While the president can issue an executive order to initiate the process of dismantling the Department of Education, entirely abolishing a federal department requires congressional approval. Given the current political landscape, achieving the necessary support in Congress would be challenging.
Ensuring that public education remains secular and free from religious indoctrination is essential to upholding the constitutional principle of separation between church and state. FFRF will continue to monitor developments and explore legal avenues to challenge unconstitutional actions.
The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to promoting the constitutional principle of separation between state and church and educating the public on matters of nontheism. With nearly 42,000 members, FFRF advocates for freethinkers’ rights across the globe. For more information, visit ffrf.org.
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