User’s manual to Trump’s effort to dismantle the Education Department

President Donald Trump is implementing his plan to dismantle the Department of Education. 

But this plan likely needs to go through Congress, and GOP lawmakers just re-upped much of the funding for the Department of Education in last week’s spending bill to avoid a government shutdown.

Actually, eliminating the Education Department likely requires both chambers of Congress to approve legislation to end the department or blend some of its functions with other agencies. There are numerous laws on the books over the years mandating certain actions by the department or the federal government. 

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Keep in mind that this proposal would need to go through both the House and Senate. And in the Senate, it needs to overcome a filibuster. That requires 60 yeas. Democrats will not support that. And frankly, some Republicans may not do so either.

What to watch: Congress will soon receive a “recissions” request from the Trump administration to cancel spending, which is already on the books. 

While canceling the spending does not eliminate the department, it does gut it. The department would still exist, but have no funding. 

Also, look to see how lawmakers handle funding for the department in the next round of spending bills over the spring and summer, due by Sept. 30. Opponents may then try to “zero out” the Education Department. 

But, since this is legislation, it also needs 60 yeas in the Senate to break a filibuster. So the chances of killing all funding for the department are slim.