The Trump Administration is poised to start working towards the permanent shuttering of The Department of Education with a new executive order expected to be signed in the coming days that directs newly confirmed Education Secretary McMahon to “take all necessary steps” to dismantle the federal agency.

In a draft of the order circulating Washington, Mr. Trump concedes that he does not have the authority to shut down the DOE, and it would require an act of Congress and 60 “yes” votes in the Senate. The new order would return more authority back to states and local municipalities — even though the system is already operated in such a manner, according to The Washington Post.

The draft, which is marked as “predecisional,” was confirmed to the newspaper by a source, who also noted details might change before release. 

The order directs Secretary McMahon to “take all necessary steps to facilitate the closure of the Education Department” through “the maximum extent appropriate and permitted by law,” according to The Wall Street Journal.

White House Press Secretary Karoline Leavitt quickly took to X on Thursday morning to pour cold water on the validity of the reports that the new EO would be signed on Thursday.

“More Fake News! President Trump is NOT signing an Executive Order on the Department of Education today,” she wrote.

Mr. Trump’s intention to close the Department of Education is well-known, as he advocated for the agency’s closure during his campaign. News of the EO comes after Ms. McMahon communicated with staff regarding their “final mission” in an email distributed following her confirmation by the Senate on Monday.

At her confirmation hearing, Ms. McMahon agreed with Democrats, who pointed out that the Trump Administration cannot close the agency independently but suggested that some functions could be transferred to other government departments.

Even shifting those functions to other agencies may prove to be complicated. The “Department of Education Organization Act,” passed in 1979 during the agency’s creation, says that certain offices within the department, such as the Office for Civil Rights, are mandatory components. An amendment to the law would need congressional approval.

“Trying to abolish it — which, by the way, only Congress can do — sends a message that the president doesn’t care about opportunity for all kids,” Randi Weingarten, president of the American Federation of Teachers, said in a statement released Wednesday night.

“No one likes bureaucracy, and everyone’s in favor of more efficiency, so let’s find ways to accomplish that.”