MADISON – Wisconsin education officials scrambled Thursday to make sense of a new order expected from President Donald Trump that could seek to begin the process of dismantling the U.S. Department of Education − a move that constitutional experts say requires a vote of Congress, potentially setting the stage for legal challenges.

Trump in 2024 campaigned on eliminating the federal agency as part of a larger pitch to voters who in recent years have opposed a series of school mandates, including those related to vaccines and efforts to bolster diversity and inclusion within classrooms.

But the agency also distributes billions in federal aid to schools, including in Wisconsin, where more than $1 billion has been committed for just K-12 schools in this school year.

More: Over $1 billion in ‘critical’ K-12 federal funding is under threat, Wisconsin officials say

A preliminary executive order prepared for Trump seeks to eliminate the agency to “the maximum extent appropriate and permitted by law,” according to a draft reviewed Thursday by USA TODAY.

Since only Congress can abolish federal agencies, the decree would set up a new test for the bounds of presidential authority. And it has the potential to create a new wave of anxiety about the billions of congressionally appropriated dollars that regularly flow through the Education Department to schools and students.

Wisconsin leaders, representatives react to potential elimination of education department

Wisconsin Gov. Tony Evers, a Democrat who previously worked as a public school educator and State Superintendent, called the move “bullshit.”

“I know Wisconsin’s kids and our schools — this decision would be catastrophic for them. There’s no question,” he said in a post on X. He also signaled he could pursue a lawsuit over the move.

U.S. Sen. Tammy Baldwin, a Democrat from Madison, said the “willful dismantling” of the Department of Education harms school districts’ abilities to “do what they’re charged with doing,” noting the agency has focused on helping children with special needs and disabilities gain access to education.

“It’s very clear that the Trump administration has no authority to violate the law, and we have laws that set up the Department of Education,” Baldwin said.

“The problem is we have an administration that’s flouting the law and is doing a lot of things that appear to be dismantling agencies without congressional authorization,” Baldwin said. “We need to mount an opposition to that lawlessness.”

Republican U.S. Sen. Ron Johnson said he’s “all for” dismantling the Department of Education. He said there should be “virtually no role for the federal government in education. That’s a state and local issue.”

Still, he said he thinks Congress will have to play a role outside of the executive branch’s unilateral moves to slash agencies.

“All these things: The (Department of Government Efficiency), what they’re exposing, in some way, shape or form is going to have to come through and be enacted legislatively, whether it’s through the decision process or reconciliation process or the appropriations process.”

In a memo to school district administrators this week, state Department of Public Instruction officials speculated the move could “include changes to funding mechanisms and priorities, such as additional diversions of public dollars to support private schools.”

“While the specifics of these proposals remain vague and unclear, we understand that such a shift may raise questions and concerns about the future of federal support for public education,” the officials wrote. Aides to co-chairmen of the Legislature’s budget-writing committee did not immediately say whether they would seek to set aside state funds to make up any funding gaps that materialize after the federal agency is eliminated.

DPI officials said they expect the agency elimination to reduce funding for K-12 schools, which would affect “essential services for schools.”

“In Wisconsin, federal funding and programming has been instrumental in improving educational outcomes for all kids, allowing us to reduce class sizes and provide extra support for learners who need it most,” the memo said.

Chris Bucher, a spokesman for DPI, said Thursday “the full effects won’t be known until there’s some type of specific plan instead of a vague communication.”

State Superintendent Jill Underly, who is running for reelection in April, has blasted Trump’s plan to close the department.

Her opponent, education consultant Brittany Kinser, said at a candidate forum last month so long as Wisconsin continues to receives the federal education funding it currently receives, she is open to changes. 

The federal agency also coordinates funding for financial aid for students attending Wisconsin universities and colleges. On Thursday morning, University of Wisconsin System officials were still tracking down how the elimination of the agency would affect its students.

Education department also responsible for financial aid, civil rights investigations

The department is responsible for managing federal financial aid programs. It runs the federal work-study program and administers Pell grants to make college more affordable for low-income students.

More than 63,000 Wisconsin students received Pell grants totaling $241 million in 2020-21, according to the nonpartisan Legislative Fiscal Bureau.

Managing a $1.6 trillion federal student loan program also falls under the department’s oversight. 

The Heritage Foundation’s Project 2025, a conservative policy initiative, suggested moving this responsibility to the Treasury Department. The idea was also raised during Trump’s first term.

Wisconsin has about 725,000 borrowers who hold nearly $24 billion in federal student loan debt, according to the latest federal education data.

The department also handles investigations into violations of federal student privacy laws and of students’ civil rights.

Unclear whether education department will be fully abolished

A copy of a draft order directs Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities.”

It was unclear whether this draft of the executive order, which has been in the works for weeks, is the version that Trump is now contemplating.

McMahon, who was confirmed by the U.S. Senate on Monday, has included the agency elimination in what she called the “final mission” of the agency. That vision, she said in a message to staffers, is to “end the overreach from Washington.”

“This restoration will profoundly impact staff, budgets, and agency operations here at the Department,” she wrote. “In coming months, we will partner with Congress and other federal agencies to determine the best path forward to fulfill the expectations of the President and the American people.”

McMahon did not, however, explicitly call on Monday for the total abolition of the Education Department. In her public statements on the subject, she has walked a fine line since Trump tapped her to manage the agency. Her boss has repeatedly signaled he intends to shutter the department. A few weeks ago, he said he wanted it “closed immediately.”

But McMahon admitted during her Senate confirmation hearing last month that the agency “clearly could not be shut down without” congressional approval.

She also stressed that key funding streams – such as Pell Grants, federal student loans and Title I financial assistance for low-income schools – would not be affected by the Trump administration’s efforts to downsize.

K-12 schools with students living in poverty receive additional federal funding through a stream known as Title I. For the 2023-24 school year, Wisconsin received $226 million in Title I funds across the state. Roughly $90 million went toward programs in Milwaukee Public Schools, according to MPS legislative liaison Chris Thiel.

“Wisconsin does not have a corresponding program that exists or is funded to make up for the elimination of that federal support to students,” he said.

Zachary Schermele and Joey Garrison of USA Today contributed to this report.

Molly Beck, Kelly Meyerhofer and Lawrence Andrea can be reached at [email protected], [email protected] and [email protected].