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President Trump signs executive order to dismantle the Department of Education: What it means for campus safety & the Clery Act

President Trump signs executive order to dismantle the Department of Education: What it means for campus safety & the Clery Act

Today President Donald J. Trump signed an executive order calling for the dismantling of the Department of Education (ED) and its role in overseeing key federal education programs.

Eliminating the Department of Education has been a long-standing Republican policy goal since its inception in 1980. This aligns with a broader push to reduce federal oversight and return educational control to state and local governments. While fully dismantling ED should require Congressional approval, there could be significant logistical challenges. The Department of Education currently oversees billions of dollars in education funding, manages federal student loans, administers key programs such as special education, and enforces the Clery Act and civil rights laws. Eliminating ED would necessitate redistributing these responsibilities to other federal or state agencies, a process that would take significant time and planning.

While today’s executive order signals a strong policy stance, it does not unilaterally dissolve the department; legal and practical barriers remain. Federal laws mandate ED’s role in areas like student aid and civil rights protections, and any attempt to defund or abolish it would require congressional action. Moreover, legal challenges to such an effort are highly likely. White House press secretary Karoline Leavitt confirmed earlier today that while the department would be reduced in size, it will continue managing federal student loans and Pell grants, and when asked about civil rights law enforcement Leavitt stated, “any critical functions of the Department, such as that, will remain.”

How Could This Impact the Clery Act?

The Clery Act, which mandates transparency in campus crime reporting, enjoys strong bipartisan support, as evidenced by the December 2024 Stop Campus Hazing Act amendments to the law. If ED were dissolved, Clery Act enforcement would likely be transferred to another federal agency, but the law itself would remain in effect unless repealed by Congress.

It is crucial to recognize that colleges and universities currently benefit from the Department of Education’s expertise in Clery Act enforcement. ED’s Clery Group is responsible for conducting program reviews and providing valuable training and technical assistance to help institutions comply with the law. If Clery Act oversight were shifted to an agency with no experience or knowledge of the Clery Act, it would have direct consequences for both institutions and the faculty, staff, and students the Clery Act protects. Not only would it impact institutions currently under review by the Department, but it could also create confusion for all colleges and universities relying on ED’s guidance to ensure the safety of their communities and comply with the law.

What Does This Mean for Clery Center?

As  an independent nonprofit,Clery Center does not receive funding from nor operate under ED. Our work remains unchanged: to provide education, resources, and advocacy to help institutions comply with the Clery Act and enhance campus safety efforts overall. Regardless of which agency enforces the law, our commitment to supporting campus communities remains steadfast. We will continue to monitor developments, offer guidance, and keep you informed. No matter what changes may come, one thing is certain: campus safety remains a priority and Clery Center will be here to help you navigate the changing landscape.

 
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