The Department of Mis-Education
Decisions of kakistocractic proportions
Things are hitting a little different in the education world today. Yesterday, the sitting President of the United States issued an executive order to dismantle the federal Department of Education. With much pomp and circumstance, including several students sitting at ancient school desks signing what seemed to be their copies of the order, Trump highlighted his campaign promise to “send education back to the states.”
The problem is that states and local school boards already control public schools. State legislatures and local school boards set the learning standards and curricula, and 86% of public school funding comes from state or local dollars.
Here’s the other issue with that executive order (and so many other executive orders): it doesn’t do very much. Regardless of the bluster and harrumphing by Trump and his band of merry sycophants, there’s a line at the end of the executive order they hope you don’t read or understand (wait… you mean they don’t want you to be able to read or understand something? Seems suspicious when trying to eliminate a department of education…):
“This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.”
I’m not an attorney, nor do I play one on television. So, I asked ChatGPT to explain this to me (remembering that the interpretation and my understanding of it don’t mean much of anything, but here goes…).
I asked ChatGPT (using the 4o model), “Does this executive order do anything to close the Department of Education?”
The response:
Great question — and the short answer is:
Not really. Not on its own.
A disclaimer at the end of an executive order signals that the order is more of a policy direction or intention, not an immediately enforceable action. So, while a president can order executive agencies to begin steps toward dismantling the Department of Education, they can't unilaterally eliminate it through an executive order alone.
Here's why:
1. Congress created the Department of Education.
It was established in 1979 through the Department of Education Organization Act, a federal law.
Only Congress can repeal that law and officially eliminate the department.
2. An executive order can't override legislation.
A president can’t use executive orders to eliminate a statute-created department.
They can only direct agencies to plan, restructure, or stop enforcing certain policies, but the department can’t be legally dissolved without congressional action.
3. That final disclaimer reinforces the point:
It says, “This order doesn’t create any enforceable rights,” which is a legal way of saying, “Don’t expect this order to result in immediate, binding change.”
It protects the administration from lawsuits and signals that the actual dismantling would require further action — likely legislation, budget cuts, and congressional approval.
TL;DR:
✅ The executive order can signal the president’s intent to close the Department of Education.
❌ But it does not dismantle it — that would take congressional action, budget decisions, and likely years of transition planning.
Again, take that interpretation with a grain of salt. All funding programs handled by the Department of Education (Title I, IDEA, etc.) are supposed to continue as part of different agencies. So, yeah. This executive order doesn’t do much other than confirm our current executive branch's priorities on public education.
But it does put the current President firmly in the “shut it down” category for the Department of Ed. More than ever, it’s time for you and I to pick sides.
And now, on to much lighter fare, this week’s 10 things worth your attention…
10 Things Worth Sharing
1. Speaking of the current Executive Branch of the US Government, do you remember that pesky little thing called Project 2025? You know, that document that the current President claimed he didn’t know about, have anything to do with, and wouldn’t ever be used?
I’ll leave this here so you can see how much of the Project 2025 policy recommendations are moving into place: project2025.observer
2. Somehow, we’ve found another 128 moons around Saturn, bringing its total moon ownership to 274. Meanwhile, I’m still ticked about hearing what happened to Pluto…
3. One of my favorite places to find new music, Western AF, released a documentary on singer/songwriter Luke Bell, who passed away in 2022.
Bell—originally from Lexington, KY—hit the scene in the last decade and made a lasting impression during his short time with us. I’ve only recently discovered his music, but I’m already a fan.
4. Speaking of new music, Louisville, KY natives My Morning Jacket released a new album today, and, as usual, it’s pretty amazing. My current favorite track, Time Waited, is in regular morning rotations and is on my 2025 playlist.
Here’s Time Waited:
5. And the aforementioned, ever-growing 2025 playlist (my 6th yearly collection):
6. Derek Bruff has a nice, reflective write-up of John Warner’s new book, More Than Words. I haven’t read it yet, but after reading Bruff’s thoughts, I will very soon. Warner makes excellent points about what we should avoid when bringing generative AI into the classroom and what we can embrace.
For me, anything we can do to grease the proverbial wheels for teachers to free up their time to work with students is something we should leverage. Using AI as a student thinking partner with specific prompts (as Bruff notes) is a step in the right direction. However, many tasks we ask students to complete, even if we’re using AI as an aid, don’t allow for individual expression and follow a scripted result (I’m looking at you, five-paragraph essay).
7. Homes, businesses, and schools are still recovering from the January Palisades Wildfires. Here’s a look at what one elementary school principal is doing to keep her school together.
I remember thinking on that night, ‘I don’t know how to be the principal of a school that’s burned down,’ because that’s not actually in the principal playbook anywhere. They don’t teach you that in principal preparation school.
8. I Was Diagnosed With Autism at 53. I Know Why Rates Are Rising. The editor-in-chief of Science has some thoughts about the rising cases of autism, and, no, it has nothing to do with vaccines…
As a scientist with autism, I believe the rise in diagnoses is the result of greater awareness, better identification (especially among women and girls) and a broader definition that now includes a range of neurodevelopmental conditions under the umbrella of autism spectrum disorder.
9. I know I’m not telling you anything you don’t already know when I say that I love comic books. My local shop, Clobberin’ Comics, is pretty great. I regularly visit to see what’s new or if I can plug a few more holes in my original Marvel GI Joe run of issues 1-155. Shopping for Superman is an upcoming documentary about local comic shops, their rise, and what may be their future.
10. Finally, what’s the opposite of fascism?
That’s a wrap, gang. Cyas next week, right before I retreat into my dissertation writing cave for Spring Break…