S.1402 - Returning Education to Our States Act (119th Congress)
Summary
S.1402, the "Returning Education to Our States Act," proposes to abolish the Department of Education one year after the act's enactment. It transfers the Department's functions, programs, and authorities to other federal departments, primarily Health and Human Services, Treasury, Labor, Interior, Defense, and State. The bill also establishes block grant programs for elementary/secondary and postsecondary education, managed by HHS and Treasury, respectively, and repeals the General Education Provisions Act (GEPA) with exceptions for FERPA.
Expected Effects
The likely effect of this bill is a significant shift in the federal role in education. States would gain greater control over education through block grants, but would also be subject to new oversight from different federal agencies. The elimination of the Department of Education would dissolve a centralized federal authority on education policy.
Potential Benefits
- Increased State Control: States gain more autonomy in education policy and spending decisions.
- Reduced Federal Oversight: Eliminates a layer of federal bureaucracy, potentially streamlining processes.
- Flexibility in Resource Allocation: States can tailor education programs to meet specific local needs.
- Potential for Innovation: States can experiment with different educational approaches without federal mandates.
- Consolidation of Related Programs: Transferring programs to departments like Labor and HHS may create synergies.
Potential Disadvantages
- Loss of Federal Focus: Eliminating the Department of Education could diminish national attention on education issues.
- Potential for Inequality: Varying state capacities could lead to disparities in educational quality across states.
- Coordination Challenges: Distributing education functions across multiple federal agencies may create coordination problems.
- Reduced Civil Rights Enforcement: Transferring civil rights enforcement to the DOJ may dilute focus on education-specific issues.
- Uncertainty During Transition: The reorganization process could disrupt existing programs and services.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality primarily hinges on the extent of federal power over education. The Constitution does not explicitly mention education, leading to debates over whether it falls under the enumerated powers of Congress or is reserved to the states via the Tenth Amendment. Supporters might argue that block grants respect state sovereignty, aligning with principles of federalism. Opponents could argue that the federal government has a legitimate role in ensuring equal educational opportunities under the Fourteenth Amendment's Equal Protection Clause. The transfer of civil rights enforcement aligns with the federal government's duty to uphold civil rights laws.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).