The draft executive action, obtained by NPR, acknowledges that the department and its signature responsibilities were created by Congress and cannot legally be altered without congressional approval.
The White House has been clear that it intends to dismantle the U.S. Department of Education, and that it will be McMahon's job to oversee that effort.
McMahon has a limited background in education, and a long career as a business executive. She'd be stepping into an agency the president hopes to dissolve.