Federal Policy, Action Alert (March 2025)

White House Issues Executive Order to Dismantle ED: Federal Protections for Homeless Students Still in Place – But the Risks Are Real

On March 20, 2025, the Trump Administration issued an Executive Order aimed at beginning the process of eliminating the U.S. Department of Education.

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What does the Executive Order do?

The Executive Order directs the Secretary of the U.S. Department of Education to take “all necessary steps” to facilitate the agency’s closure, “to the maximum extent appropriate and permitted by law… while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

Does the Executive Order change any federal education laws that are currently in place?

No. The executive order does not supersede or change any federal laws. It is important to remember that all federal education laws protecting children and youth who are homeless remain in effect.

Section 724 of the McKinney-Vento Act specifies ED’s core duties 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. 

Can the White House completely eliminate ED, or repeal federal education laws, through executive action?

No. Only Congress can completely eliminate the U.S. Department of Education, or repeal federal education laws.

Would a Congressional bill to eliminate ED also eliminate the McKinney-Vento Act’s Education for Homeless Children and Youth program?

It depends on how the legislation is drafted. 

On January 31, 2025, H.R. 899 was introduced in the House of Representatives to terminate the U.S. Department of Education. It is a straightforward repeal of the Department in its entirety, meaning all its functions would no longer be permitted. This bill does not reallocate any program or protections for students to any other agency. 

Last year, legislation was introduced in the U.S. Senate to dismantle the U.S. Department of Education that would explicitly:

What’s at stake for children and youth experiencing homelessness, and children and youth in foster care?

Without the protections of the McKinney-Vento Act’s Education for Homeless Children and Youth program and the Title I Part A provisions for children and youth in foster care, 1.4 million children and youth experiencing homelessness, and 270,000 children and youth in foster care, will struggle to enroll and attend school.

This means these students won’t benefit from any other federal funds, or state or local educational funds. In sum, without the educational protections of the McKinney-Vento Act and Title I Part A, they will be at even greater risk of dropping out—leading to increased poverty and unemployment, and lost potential.

What about “returning education to the states?” Do states provide any educational protections or funding for students experiencing homelessness?

Currently, only a few states (Illinois, New York) have state laws that mirrors many of the protections of the McKinney-Vento Act. Only three other states provide dedicated line items for PreK-12 students experiencing homelessness (Washington state, Colorado, and Maine), but at very low funding levels, and without the legal protections for school access and stability. In short, without the federal protections and funding of the McKinney-Vento Act’s EHCY program, students experiencing homelessness will face barriers to enrolling and attending school – and won’t benefit from any other federal funds, or state or local educational funds. 

How likely is it that Congress will actually pass legislation to eliminate ED?

In previous sessions of Congress, legislation to dismantle the U.S. Department of Education drew opposition from both Republicans and Democrats. At least 60 votes would be needed to pass such a bill in the U.S. Senate. However, in the new highly charged political environment, we cannot take anything for granted. U.S. Senator Cassidy (R-LA), Chair of the Senate Health, Education, Labor, and Pension Committee, issued a statement today that he would introduce legislation to abolish the Department “as soon as possible.”

Educators, service providers, and advocates must inform legislators and community members about what would actually happen to homeless students and students in foster care if the McKinney-Vento Act’s EHCY program or Title I Part A were repealed – the loss of their education and harm to their future.

Act Now to Protect the Education of Homeless Children and Youth

All members of Congress, on both sides of the aisle, must hear from as many constituents as possible about the need to protect educational access and stability for children and youth who are homeless and those in foster care.

  1. Please click here to urge your U.S. Senators and U.S. Representative to oppose any legislation that would repeal or defund the McKinney-Vento Act’s Education for Homeless Children and Youth (EHCY) program or the Title I Part A program, and that would eliminate ED.
  2. 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, at tj@schoolhouseconnection.org, if you are interested.
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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.