President Donald Trump signed an executive order on Thursday instructing Secretary of Education Linda McMahon to begin dismantling the Department of Education.

The president cannot unilaterally abolish a federal agency without the approval of Congress. As such, a bill to close ED would require support from some Congressional Democrats, which is not expected to happen.

Still, Trump is making good on a promise he made on the campaign trail and attempting to fulfill a long-sought political goal of returning education authority solely to the states. Republicans have been trying to abolish the department for decades, including a bill introduced in the House of Representatives in January.

The idea is largely unpopular with voters: Nearly 60% of all voters oppose closing ED entirely, a fall 2024 poll found.

Some who oppose Trump's plan are preparing to fight back. "See you in court," Randi Weingarten, president of the American Federation of Teachers, one of the nation's largest teacher unions, said in a statement.

Trump's order comes just a week after his administration laid off nearly half of ED employees. Educators, student loan borrowers and advocates worried that move alone could create issues for schools, students and federal student loan borrowers as the personnel needed to manage programs like funding for disabled students and federal financial aid were no longer employed.

"This executive order won't do anything to improve the lives of students or student loan borrowers," Aaron Ament, president at The National Student Legal Defense Network, an advocacy nonprofit, said in a March 19 statement. "The notion that the Department can be summarily closed or functionally decimated while maintaining 'uninterrupted delivery of services, programs and benefits on which Americans rely' — as the order reportedly directs — is a pipe dream."

Immediate impacts for students and teachers

ED's primary role is managing money for a number of education initiatives. In particular, it provides funding for public K-12 schools, administers federal financial aid and manages the federal student loan portfolio. Education advocates are concerned that putting these programs in the hands of different agencies could have devastating impacts.

The Treasury Department, for example, could wind up managing student loans in ED's absence. But that agency is intended to focus on federal revenue and tax collections, rather than setting standards for excellence in education, Abby Shafroth, co-director of advocacy and director of the student borrower assistance program at the National Consumer Law Center, told CNBC Make It in February.

Further, over 180,000 teaching positions at Title I schools, which primarily serve low-income students, could be eliminated with the closure of ED, according to the Center for American Progress, a progressive think tank.

The department also administers roughly $15 billion in funding for children with disabilities, who may lose necessary services and support if ED closes, according to the National Education Association, one of the country's largest labor unions.

Despite the Trump administration's move to dismantle the department, funding for these programs, which includes Pell Grants for college students, will be preserved, but redistributed to other agencies, Trump said on Thursday ahead of the executive order's signing. 

As for federal student loans, it's unclear which agency may assume responsibility for issuing new loans and managing the $1.6 trillion in debt borrowers currently owe. Trump suggested earlier in March that the Treasury Department, Commerce Department or Small Business Administration may take over.

Many borrowers are already sitting in limbo due to legal challenges against former President Joe Biden's Saving on a Valuable Education income-driven repayment plan. Those who enrolled are currently in an administrative forbearance expected to last until at least December.

Other borrowers looking for affordable monthly payments can't access the application for any income-driven repayment plans. It's unclear when they will be able to. ED is "reviewing repayment applications to conform with the 8th Circuit's ruling," a spokesperson for the agency told CNBC in February.

Mounting legal challenges

Several organizations, including AFT and Student Defense, have promised to challenge the Trump administration's ED action in court. When those lawsuits are filed, they will join a number of legal challenges already waged against the administration over its education-related decisions.

Attorneys general from 21 Democratic states filed a suit against McMahon and the Trump administration last week over the layoffs at ED, which they argue are "equivalent to incapacitating key, statutorily-mandated functions of the Department, causing immense damage to Plaintiff States and their educational systems."

Separately, AFT sued the Trump administration earlier this week for preventing access to income-driven repayment plans for federal student loan borrowers. 

Want to earn some extra money on the side? Take CNBC's new online course How to Start a Side Hustle to learn tips to get started and strategies for success from top side hustle experts. Sign up today and use coupon code EARLYBIRD for an introductory discount of 30% off $97 (+taxes and fees) through April 1, 2025.

Plus, sign up for CNBC Make It's newsletter to get tips and tricks for success at work, with money and in life.