Both ABC and NBC have reports on an impending executive order. But they completely disagree on what it would do. ABC reports that:

President Donald Trump could soon sign an executive order directing the secretary of education to dismantle the federal Department of Education, according to sources briefed on drafts of the order that have circulated among top administration officials.

The proposed order gutting the agency is expected to call for the education secretary to submit a proposal for dismantling the department and for Congress to pass legislation to get rid of it.

NBC reports that:

The White House is preparing an executive order to eliminate the Department of Education, two sources familiar with the plans told NBC News.

President Donald Trump cannot unilaterally abolish a federal agency without the approval of Congress.

The planned order follows years of campaign promises from Trump to abolish the federal Education Department.

In September 2023, the then-candidate posted a video to social media saying, “One other thing I’ll be doing very early in the administration is closing up the Department of Education in Washington D.C., and sending all education and education work and needs back to the states.”

If ABC is correct, the order would be legal. There’s nothing wrong with the president ordering the development of a proposal, or calling on Congress to pass a law. If NBC is correct, the order would be illegal. The Department of Education cannot be abolished by executive order.  I guess we’ll find out soon.