How Could a Department of Education Shutdown Impact Book Bans?

The fate of the Department of Education remains uncertain following President Donald Trump’s proposed executive order to begin dismantling the agency.

On March 20, Trump ordered Education Secretary Linda McMahon to begin dismantling the department to the extent that she’s authorized to do so. Though the full abolishment will need congressional approval, and at least 60 favorable Senate votes, a potential elimination could have detrimental effects, like the loss of federal funding for students with disabilities and an unclear future for student loans.

Another concerning component is the potential abolishment of the department’s Office for Civil Rights (OCR). The office, which serves schools and educational institutions that receive federal funding, was created to “ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights,” per the agency’s website.

A complete shuttering of the Department and OCR would also affect the ongoing battle against book bans. On Jan. 24, the OCR dismissed 11 pending complaints related to book banning, and “rescinded all department guidance issued under the theory that a school district’s removal of age-inappropriate books from its libraries may violate civil rights laws” effective immediately.

David Levithan, a founding member of the Authors Against Book Bans coalition, notes that a complete shutdown of the Department of Education would lead to a “free for all.”

“The DOE and the Office of Civil Rights, we trust them to be there to make sure that there are safeguards against abuses in which some voices are erased,” he says. “The actual threat here is the lack of oversight.”

Tony Weaver Jr., educator and author of the middle grade graphic novel Weirdo, notes that educators are concerned about the possible repercussions of teaching or distributing banned materials, which includes losing their jobs or even serving jail time.

“If you’re able to create enough of a hostile environment for educators, then the fear of a challenge or ban is enough to justify not incorporating something [into the curriculum],” Weaver says.

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Andrew P. White experienced this firsthand. A former information specialist at W.T. Sampson Elementary and High School, a Department of Defense Education Activity (DoDEA) school in Cuba’s Guantanamo Bay Naval Base, White resigned from his position in March 2025 over his disagreement with “directives regarding the removal of books based on DEIA and gender considerations,” per a letter obtained by PEOPLE.

“Every library interview I’ve ever had, including the one for DoDEA, [asked] ‘How do you promote and celebrate diversity amongst students and staff?,” White says. “That’s who we are. It’s what we do. So it was just really bewildering to have all of this messaging and these orders come down.”

Levithan, the bestselling author of books like Two Boys Kissing and the Every Day series, has seen many of his own titles banned. He’s noticed an “absolute fear” among authors today, who are not only concerned about their books getting removed from shelves, but that they will be targeted as individuals.

”That tenor has changed and I think authors are very, very worried about the atmosphere that is saying not only is it wrong to tell the truth, but it is actually criminal to tell the truth,” he says.

Though his work has not yet been officially banned, Weaver explains that the current environment also feels fraught for authors looking to publish their work.

“I’ve seen people that are trying to get into the publishing industry, people that are trying to find a place for their stories, expressing fear that if they do not kind of bend the knee, if they don’t take out these particular ideas, if they don’t limit the inclusion of certain topics or subject matters, then they’re not going to have a career in the first place,” Weaver says.

However, a lack of oversight on book banning decisions, which is already left up to the states, would continue to affect students most, says Yesenia Moises, an author and illustrator known for children’s books like Stella’s Stellar Hair.

“The people that really feel the effects of it the most are the people that need it the most, like the people who want to see themselves represented in books, but aren’t,” she says.

White notes that many teachers he knows are “just trying to survive” while the future of the department hangs in the balance. Trump’s executive order follows mass layoffs to the Department on March 11, which reduced its workforce by nearly 50%.

“This is a [hard] time to be a teacher in general. It’s a [hard] time to be a federal employee. So being a federally-employed teacher, it is just too overwhelming,” White says.

Nevertheless, advocates, parents and school districts are making their voices heard. On March 25, the National Education Association (NEA), along with a group of educators, civil rights and school employee groups, filed a lawsuit in district court in response to staff cuts to the department. A statement from the association said that the agency was “unable to carry out many of its mandatory functions and put student civil rights in jeopardy,” and noted that an elimination would “hurt all students.”

“Having opportunities for kids to express themselves, to learn about stuff, to me is what it’s all about,” White, an NEA member, says. On April 15, the American Civil Liberties Union also filed a lawsuit against DoDEA, claiming that the removal of books violated students’ First Amendment Rights.

Levithan has also seen support from his perspective at Authors Against Book Bans.

“The defenders are there and they are going to defend the freedom to write and the freedom to read with everything they’ve got,” Levithan says.

But both authors and educators agree that the best way for ordinary citizens to combat book banning is to stay aware of the issue and make their voices heard at the local level.

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“Be active in your communities,” Moises says. “Go to your local libraries, get involved, see what they’re doing … The first step, above all else, is just to be aware of what’s around you, because more often than not, you have a lot more power than you know.”