He can sign whatever he wants but until it’s a law passed by both housed of Congress that makes this move, he’s not eliminating anything here.
Reposted from Marisa Kabas
SCOOP: Now that Linda McMahon is confirmed/sworn in as secretary, Trump will be imminently issuing an executive order eliminating the Department of Education.

I’ve obtained a draft of an email that McMahon will be sending to staff re: the EO and the department’s “final mission”.

Here is a portion:

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