WASHINGTON — President Donald Trump is preparing to sign an order that would instruct Education Secretary Linda McMahon to begin dismantling her agency, setting the stage for a potential power struggle with Congress and another round of legal challenges from opponents.

An administration official said the order could be signed as soon as Thursday. The official spoke on the condition of anonymity to speak about private deliberations.

No modern president has ever tried to unilaterally shut down a federal department. The Education Department was created by an act of Congress in 1979, and federal lawmakers would likely have to approve eliminating it.

Trump’s Order Expected to Cause Legal Fight

Trump’s order was expected to spark another legal fight for the administration, which is already embroiled in multiple lawsuits over actions in its first six weeks.

The American Federation of Teachers noted in a statement late Wednesday that the Education Department was “legally required” to distribute federal funds — money approved for poor students, those with disabilities and others — to states.

“Any attempt by the Trump administration or Congress to gut these programs would be a grave mistake, and we will fight them tooth and nail,” said Randi Weingarten, president of the union.

A draft of Trump’s order circulated in Washington on Wednesday before a potential announcement. The Wall Street Journal first reported that Trump could sign the order as soon as Thursday.

Trump has been blunt about his desire to do away with the department entirely. He remarked recently that he hoped McMahon would effectively put herself out of a job.

He told reporters last month that the Education Department was “a big con job” and that “I’d like to close it immediately.”

McMahon’s first action as education secretary was to email the department’s staff about its “final mission,” an indication of how she planned to fulfill Trump’s goal of shuttering the department.

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This article originally appeared in The New York Times.

By Michael C. Bender/Haiyun Jiang
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