Fact Sheet

It's not bureaucracy, it's our rights: Why do we need the Department of Education?

Alianza Americas strongly condemns Trump's attempts to dismantle the Department of Education, a key institution in protecting the right to a quality education for all students in America. 

On Thursday, March 20, 2025, President Trump signed an executive order asking the Secretary of Education to take all possible steps to prepare and ultimately eliminate the Department of Education. This move, in addition to being dangerous and irresponsible, would jeopardize the ability of schools to serve millions of students, especially those with fewer resources.

The essential role of the Department of Education.

Contrary to the Trump administration's arguments, states already have most of the power over their public education system, including curriculum, benchmark development, and complete decision-making power over how they run their public school systems. However, the Department of Education is critical to ensuring that all students, regardless of their background, have access to an equitable, quality education. This attack is not about reducing bureaucracy or consolidating government. It is an attack intended to weaken the protections and rights of vulnerable students. 

What does the Department of Education do?

Created in 1979 under the administration of President Jimmy Carter, the Department of Education's mission is to:

  • Ensure equitable access to quality education. 
  • Combat discrimination in the education system. 
  • Provide additional support to underserved communities. 
  • Ensure that states and families participate in education. 
  • Reduce economic barriers that hinder access to education. 
  • Improve the quality of education through research and best practices.

In essence, its purpose is to protect the civil rights of vulnerable children and minorities.

Protecting Civil Rights in Education 

Civil rights laws have been instrumental in ensuring equal opportunity in education. Some of the most important are: 

  • The Civil Rights Act of 1964: Prohibits discrimination on the basis of race, color, or national origin in programs or activities receiving federal funding in Title VI. 
  • Title IX of the Education Amendments of 1972: Guarantees gender and religious equality with profound repercussions in both educational policy and national politics. 
  • Equal Education Opportunity Act of 1974: Establishes protections for English language learners and others who may face language barriers to receiving an education. The federal Department of Education provides key resources for states and localities to help them provide supplemental services, such as therapy, developmental and educational support. Dismantling it would severely impact these students.
  • Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the Individuals with Disabilities Education Act (IDEA) of 1997: ensure rights and accessibility for students with disabilities in public and private schools.

Subsequent laws and court decisions reinforced many of these protections and, in some cases, provided important clarifications. One example is Plyer v. Doe, an important 1982 decision issued by the Supreme Court guaranteeing students access to free public education regardless of immigration status. 

The Trump administration has undertaken a series of measures to weaken this work:

  • In February 2025, it was announced that office staff would be reduced by 50% in the Office for Civil Rights, effective March 21. 
  • 7 of the 12 regional offices are now severely understaffed and could be closed altogether.
  • Most investigations have been stalled, resulting in multiple complaints or lawsuits from students, families and other groups. 
  • Investigations aligned with their political agenda, such as attacks on diversity and inclusion education, have been prioritized.

These actions jeopardize fundamental rights and directly affect the most vulnerable students.

Why attack the Department of Education?

Prior to its creation, efforts to enforce these laws came primarily from the Department of Justice.  Over time, however, the Department of Education became an essential pillar in protecting the civil rights of vulnerable students and improving public education. For this reason, we condemn any attempt to undermine the work and effectiveness of the Department of Education's Office for Civil Rights.

 Currently, this office has more than 12,000 open cases related to racism, gender discrimination, discrimination or barriers for students with disabilities, and other critical issues. Clearly, an underlying motive in these attacks is the attempt by Trump and his administration to dismantle laws and measures that protect and promote the rights of historically marginalized groups, such as African American &, Latin American-origin persons, women, and people with disabilities. All of this is reflected in attempts to dismantle and prohibit diversity and inclusion programs and programs to increase social equity.

What can we do?

  • Inform ourselves and share this information with our communities.   
  • Support organizations that fight for educational equity.
  • Build a narrative that values diversity and inclusion in public and private spaces.

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