President Donald Trump can proceed with his plan to reduce the Department of Education’s workforce after a favorable Supreme Court ruling this week, but abolishing the department outright would still need congressional approval.

In a 6-3 order issued on Monday, the Supreme Court authorized the Education Department’s layoffs of nearly 1,400 employees from earlier this year after lower courts halted the major staffing reduction. The decision enables Trump to move forward with his executive order directing Secretary of Education Linda McMahon to dismantle the department.

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Trump has repeatedly signaled his intention to abolish the department, telling reporters he wants McMahon to “put herself out of a job” and to transfer its responsibilities to the states.

However, the president can’t completely get rid of the Education Department without Congress weighing in because the legislative branch created it in 1979. A bill closing the department would require 60 Senate votes in favor, meaning at least seven Democrats would have to join all Republicans in supporting the move. That outcome remains unlikely.

In 2023, the House failed to pass a bill that would have eliminated certain department functions. The legislation was considered an amendment to a bill that established parental rights for their children’s public education.

Before this year’s cuts, the Education Department had over 4,000 employees. Roughly half of the department’s workforce remains.

The Education Department’s Office for Civil Rights was hit particularly hard by the layoffs. Some 240 of the office’s employees were laid off, and seven of its 12 regional offices were shuttered.

Trump has repeatedly promised to return responsibility for education to the states, arguing the federal government has done a poor job since the department was formed nearly 50 years ago.

State and local governments already oversee most educational responsibilities, providing about 90% of public education funding in the United States. The federal government also plays an important role, administering $24.5 billion in Pell grants, $18.6 billion for the K-12 education Title I program, and $15.5 billion for special education needs.

Trump previously said these important functions would be preserved and redistributed to other agencies and departments.

For instance, the Department of Health and Human Services could oversee the K-12 functions. This isn’t unprecedented. Education and public health previously fell under the Department of Health, Education, and Welfare, which was split by Congress in 1979.

Additionally, the Department of Justice could take over the civil rights investigations into universities accused of violating anti-discrimination laws, Title VI and Title IX.

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It remains to be seen how Congress would restructure the work of the Education Department among different agencies.

While Republicans largely support Trump’s plan, the majority of Americans oppose the department’s closure. A March Quinnipiac University poll showed 60% of voters opposing Trump’s plan to terminate the department, compared to 33% saying otherwise. Just over two-thirds of Republicans supported the plan.