Impending Executive Order on Dismantling ED + FY2025 Budget
This update provides information on two developments that could significantly impact the education of children and youth experiencing homelessness, as well as other vulnerable students.
Updates:
- A widely expected – but not yet finalized or issued – executive order requiring the U.S. Department of Education (ED) to dismantle itself.
- The status of the FY2025 budget, and the prospect of a government shutdown.
Impending Executive Order on Dismantling ED
The Trump Administration is widely reported to be preparing an Executive Order to direct the U.S. Department of Education (ED) to take action to dismantle itself.
According to the Administration officials who spoke on record, the order would:
- Direct ED to cease any function that is not required in federal statute.
- Direct ED to prepare a draft proposal for Congress to shutter the agency, because only Congress has the power to eliminate ED.
- Section 724 of the McKinney-Vento Act specifies ED’s core responsibilities for students experiencing homelessness. These responsibilities include reviewing state plans and administering grants to state educational agencies (SEAs); providing support and technical assistance to SEAs where documented barriers persist; conducting evaluation, dissemination, and technical assistance activities; collecting and disseminating data on the education of students experiencing homelessness; and publishing guidelines and a report to Congress on the education of homeless children and youth.
- While the requirements of the McKinney-Vento Act offer a level of protection, SHC remains very concerned that other actions that the Administration is taking, such as pressuring staff to resign and placing staff on administrative leave, threatens ED’s capacity to actually carry out those duties, resulting in additional barriers to educational access and success.
No. Only Congress can completely eliminate the U.S. Department of Education.
It depends on how the legislation is drafted. Last year, legislation introduced in the U.S. Senate to dismantle the U.S. Department of Education would:
- Repeal the McKinney-Vento’s Education for Homeless Children and Youth program in its entirety (funding and protections).
- Eliminate the Title I Part A reservation for students experiencing homelessness
- Eliminate the educational protections for children and youth in foster care in Title I Part A
In previous sessions of Congress, legislation to dismantle the U.S. Department of Education drew opposition from both Republicans and Democrats. However, in the new highly charged political environment, we cannot take anything for granted. Educators, service providers, and advocates must be prepared to share what would actually happen to homeless students and students in foster care if EHCY or Title I were repealed, and strongly oppose any legislation that would do so.
Without the protections of the McKinney-Vento EHCY program and the Title I Part A provisions for children and youth in foster care, children and youth experiencing homelessness and those involved in the child welfare system will struggle with very basic school access – they will face even greater hurdles to enrolling, attending, and succeeding in school. And without an education, they will continue to face extreme hardship, including high risk of homelessness as adults.
FY2025 Budget and Government Shutdown
Key facts:
- Congress failed to pass a final FY2025 budget last year; as a result, a continuing resolution is in place to keep the government funded until March 14, 2025.
- The attempted freeze on federal funding greatly eroded the trust between bipartisan negotiators who had been making progress toward a final FY2025 bill. Lawmakers in the minority are now concerned that anything they agree to in budget negotiations will be undermined by unilateral action by the Administration to freeze funding for programs it doesn’t like.
- As of February 10th, Democratic lawmakers asserted their commitment to keep the government open, potentially by working on another continuing resolution. However, there are still no topline agreements or negotiated language. With March 14th right around the corner, there is still a risk of a government shutdown.
What You Can Do:
All members of Congress, on both sides of the aisle, must hear as many constituents as possible about the need to protect education for children and youth who are homeless and in foster care.
- Please send an individualized message to your Members of Congress by filling out this form. As constituents, you have unique power. No one else knows what you know about child and youth homelessness in your community. You can find data on homelessness in your community here.
- Sign up for a webinar on Thursday, February 20, at 3PM Eastern titled “Federal Policy Update: Early Actions and Effective Responses”.
- Please consider a virtual meeting with the staff of your US Representative and U.S. Senators. It is not lobbying to simply share local information with Congress. SHC can help schedule, prepare, and even facilitate the meeting if you wish. Please contact TJ Lucas, Senior Manager for Federal Policy, if you are interested.
SHC’s Commitment to Bipartisan Progress for Children & Youth Experiencing Homelessness
We want to reiterate that SHC remains a fiercely nonpartisan organization. We have worked, are working, and will continue to work, with members on both sides of the aisle. The education of children and youth experiencing homelessness depends on our ability to navigate even the most divided times, and we are committed to that approach.