Pushback Against the Dept. of Ed. Did Not Begin with Trump

By Elena Chin

“Education is the principal responsibility of local school systems, teachers, parents, citizen boards, and state governments.” — Ronald Reagan

Calls to reduce or eliminate the Department of Education predate President Trump by nearly two centuries. The role of the federal government in education has long been a highly debated topic. In fact, the establishment of the original Department of Education under President Andrew Johnson in 1867 sparked immediate controversy, despite the agency’s limited authority, which focused solely on collecting statistics and sharing educational best practices nationwide. By 1868, the department was downgraded to the Office of Education and placed under the Department of the Interior, as many lawmakers and citizens feared government overreach and the erosion of powers reserved for the states.

In 1939, the office was transferred to the Federal Security Agency, and in 1953, it became part of the Department of Health, Education, and Welfare. From the end of WWII through the 1960s, the government’s role in public education expanded dramatically–despite continued resistance. Landmark legislation, beginning with the 1944 GI Bill- which funded college tuition and living expenses for returning WWII veterans–proved to be a catalyst for change that triggered massive federal spending in higher education.

Education became a battleground for the civil rights movement following the 1954 Supreme Court decision in Brown v. Board of Education, which declared segregation in public schools unconstitutional. During Dwight D. Eisenhower’s presidency, the Cold War further shaped educational policy. The launch of Sputnik by the Soviet Union sparked concerns that the United States had fallen behind in science, math, and technology. As a measure to strengthen national security through education, Congress passed the National Defense Education Act in 1958, (NDEA), which provided significant federal funding to promote careers in science, math, foreign language, technology, and engineering.

In 1965, with Democratic majorities in the House and Senate, President Lyndon B. Johnson was able to pass The Elementary and Secondary Education Act (ESEA), promoting it as a civil rights initiative, essential to the “War on Poverty.” The passing of ESEA paved the way for  greater federal control over education despite ongoing opposition.

Educational policy debates intensified and reached their peak in the 1970s when the National Education Association (NEA) endorsed Jimmy Carter for president and advocated for the creation of a cabinet-level Department of Education—marking the first time the NEA endorsed a presidential candidate. In 1977, former president of the American Federation of Teachers Albert Shanker, voiced concerns over the potential for bureaucratic overreach and centralization of power during his testimony before the Senate Committee on Governmental Affairs. He formed a coalition of 60 education, union, and civil rights leaders including AFL-CIO president George Meany and  NY Senator Daniel Patrick Moynihan. Likewise, US Democrat Congresswoman Shirley Chisholm, was a vocal critic of the centralization of power in education who advocated for local control.

Despite the pushback, President Carter fulfilled his campaign promise by establishing the Department of Education in 1979. The House passed the measure by a narrow margin–210 to 206—with many viewing the move as a political payoff.

The creation of a cabinet-level education department unleashed a wave of federal overreach, unprecedented increases in federal spending, and a rise in the political power of the teacher’s unions.  Government involvement in education has continued to grow at alarming rates–at the expense of states’ rights, parental rights and what many argue is best for children. 

Over the past several decades, sweeping educational reforms aimed at narrowing achievement gaps and improving student outcomes, included President George W. Bush’s No Child Left Behind Act (2001), and President Obama’s Race to the Top (2009) and Every Student Succeeds Act (2015).

In January 2021, President Biden signed Executive Order 13988: “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” amid widespread opposition. The Department of Education received over 156,000 comments within a month–the majority opposed it. Nevertheless, the Department of Education began implementing it despite objections from parents, advocacy groups, and state officials. This was a blatant example of  federal overreach in education.  In response, twenty-six states and parent advocacy groups–including Moms for Liberty– filed lawsuits challenging the Biden Administration and won on the grounds that the rule exceeded the Departments’ authority and violated constitutional rights. In January 2025 Biden’s order was nullified nationwide by a federal court judge.

In 45 years since its establishment, the Department of Education has been surrounded by controversy– and it appears we have reached a historic turning point in education policy. With student performance at an all-time low and the achievement gap at an all-time high–despite record high education spending–the need for change is undeniable. On March 20, 2025, President Donald Trump signed an executive order to begin dismantling the Department. Though his reasons for doing so are considered valid by many, without congressional approval, he cannot override statutory law. However, there are many ways he can reorganize it and reduce it in size and scope, and there is a clear historical precedent for President Trump’s education policy.

Elena Chin is Mom’s for Liberty Queens County Chapter Chair. Email Elena at moms4libertyqueensny@gmail.com