Executive Order and Department of Education Developments

The White House

President Trump signed an executive order on March 20, 2025, asking Education Secretary McMahon to wind down the operations of the U.S. Department of Education (USDE) “to the maximum extent appropriate and permitted by law.” The order directs Secretary McMahon to take “all necessary steps to facilitate the education department’s closure and return education authority to the states” while continuing to ensure “uninterrupted delivery of services, programs, and benefits on which Americans rely.” For higher education, these services include Pell Grants and student loans. “But beyond these core necessities, my administration will take all lawful steps to shut down the department. We’re going to shut it down and shut it down as quickly as possible,” Trump stated.

The President cannot close the USDE without passing legislation in Congress to eliminate the agency. Secretary McMahon says in a statement, “We’re going to follow the law and eliminate the bureaucracy responsibly by working through Congress to ensure a lawful and orderly transition.”

Current wisdom says that there are not enough votes in the Senate to accomplish the President’s goal. However, Senator Bill Cassidy (R-LA) said in a statement he will submit legislation “as soon as possible” to accomplish Trump’s goal. There is also legislation introduced in the U.S. House to eliminate the Department of Education. The effort to close the Department of Education is expected to be challenged in court.

U.S. Department of Education

On March 3, 2025, Linda McMahon was confirmed as the Secretary of the U.S. Department of Education (USDE). One of her first actions was to institute a reduction in force, impacting nearly 50% of USDE employees. 

Prior to the staff reduction, approximately 600 employees voluntarily separated from the USDE through an incentive program or deferred resignation program. This reduction in force will impact many areas where the USDE developed policy and provided services. CHEA has learned that the Accreditation section of the USDE has not been subject to this reduction in force. Initially, probationary employees were separated from the USDE, but the courts have ordered that all the probationary employees be reinstated.

Nominations for Positions in the Department of Education

Nicholas Kent has been nominated as the Under Secretary of Education. This position requires Senate confirmation. He is joining the USDE after serving as Deputy Secretary of Education in Virginia and as a policy officer at the Career Education Colleges and Universities Association. There are a number of other appointments that have been made that do not require Senate confirmation.

James Bergeron has been appointed the Deputy Under Secretary, which does not require Senate confirmation, and he is currently serving as the Acting Under Secretary of Education. Bergeron has served as the Chief Executive Officer of the National Council of Higher Education Resources. He also previously worked as the Director of Education and Human Services Policy for the House of Representatives Committee on Education. Prior to that, he served as Legislative Director for Congressman Buck McKeon (R-CA).

National Advisory Committee for Institutional Quality and Integrity (NACIQI)

The National Advisory Committee on Institutional Quality and Integrity (NACIQI) met in late February. NACIQI is the advisory board for the U.S. Secretary of Education, providing recommendations on accrediting organizations requesting recognition by the U.S. Department of Education (USDE). NACIQI followed the USDE staff recommendations for each accrediting organization. Acting Under Secretary of Education James Bergeron addressed NACIQI, thanking the members of the committee for participating in the meeting.

NACIQI Chair Claude Pressnell announced that he was resigning from the committee effective immediately. Vice Chair Zakiya Smith Ellis will assume the remainder of Pressnell’s term as Chair. Elizabeth Daggett is the new head of the Accreditation Section in the USDE. Here is the report of the meeting.