Beyond “The Maximum Extent Permitted By Law”: Legal Analysis of the U.S. Department of Education’s Transfers of Programs to Other Federal Agencies

We’re excited to announce a new Deep Dive collaboration from EducationCounsel and Sligo Law Group.

Beyond “The Maximum Extent Permitted By Law”: Legal Analysis of the U.S. Department of Education’s Transfers of Programs to Other Federal Agencies examines the legal authority underlying the Trump Administration’s recent efforts to move significant U.S. Department of Education (ED) programs and funds to other federal agencies through interagency agreements (IAAs).

On March 20, 2025, President Trump issued an Executive Order directing Secretary of Education Linda McMahon to “take all necessary steps” to facilitate the closure of ED “to the maximum extent appropriate and permitted by law.” In pursuit of that directive, ED has now entered into seven IAAs with agencies including the Department of Labor, shifting key K–12 and higher education programs outside of ED.

Our analysis finds that there are substantial legal concerns. The IAAs appear to conflict with appropriations statutes that expressly prohibit ED from transferring funds in this manner, and they likely exceed the statutory authorities the Administration has cited to support wide-scale program transfers aimed at effectively dismantling ED without congressional authorization.

We hope this resource supports agencies, institutions, and practitioners working to ensure federal education programs continue operating within the bounds of the law.

Because developments are evolving quickly, some details may shift over time. As always, this publication is for informational purposes only and does not constitute legal advice.