Incoming Secretary of Education Linda McMahon recently outlined her “final vision” for the Department of Education, which appears to be overseeing its demise. Established by Congress in its present form in 1980, it has been a consistent target of President Donald Trump, who has vowed to eliminate it and return many of its functions to the states.

Whether, when, and how this will happen remains in question as of this writing. What's important if you are a student or a parent of a student is to know that at a personal level, schools will continue to exercise various levels of authority over students, schools will continue to have procedures and policies for doing so, and students will continue to need someone to help them protect whatever rights they have. The Lento Law Firm's Student Defense Team is here to help students protect their rights – whether the Department of Education remains in place or not. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.

The Department of Education as a Target of the Trump Administration

President Trump campaigned on the promise that he would eliminate the Department of Education. Among the administration's accusations is that the department has been responsible for "indoctrinating young people with inappropriate racial, sexual, and political material." Secretary McMahon has highlighted this in a statement she published shortly after she was sworn in. According to McMahon, the focus of “taxpayer-funded education” should be on “math, reading, science, and history – not divisive DEI programs and gender ideology.” The role of the Department of Education should, McMahon states, be “to restore the rightful role of state oversight in education and to end the overreach from Washington.”

It's fair to say that the Trump administration has unleashed uncertainty across many of the federal government's departments, agencies, and functions. With wave after wave of executive orders, President Trump has tested the limits of executive power, and courts have been weighing in, in many cases preliminarily staying the President's orders and questioning their Constitutionality. Given that as an agency that was established by an act of Congress, it is at a minimum questionable whether the Department of Education can be dissolved by an executive order. That said, there is much that Secretary McMahon can do to change the department's role in American education while the department remains in place.

The Focus for Students and Parents

At a personal level, what is important is for students and parents to remain focused on what their school's policies are and how their school applies those policies. Whether it relates to student discipline, disability accommodations, abusive behavior by faculty or staff, Title IX issues, or other actions that can have a direct effect on a student's life, a student attending school has certain rights. While the exact nature of those rights may vary from one administration to another, and from one school to another, for the most part they will continue to exist in some form and deserve to be protected and fought for.

That's why if you are a student and your rights are being trampled on by your school, you need the kind of help that the Lento Law Firm's Student Defense Team can provide. Whether the Department of Education is in place or not, you need someone who can focus on your situation, your school, your rights, and your remedies.

The Lento Law Firm is Here to Help Students

The experienced attorneys who make up the Lento Law Firm's Student Defense Team have years of experience helping students protect their rights in schools all across the country. Our attorneys understand the laws, rules, regulations, and procedures that apply in school disciplinary cases. We know what rights students with disabilities have, and regularly advise and help parents protect those rights when schools fail to do what's required to make sure that the student receives the education they're entitled to under the law.

The Lento Law Firm's Student Defense Team is here to help, whether you are a student facing a Title IX investigation or code of conduct disciplinary proceeding, or you are a parent of a special needs child whose school is refusing to properly accommodate your child's disability. Call us today at 888.535.3686 or fill out our contact form and we will schedule a confidential consultation. You have rights – let us help you protect and enforce them.