Returning Education to Our States Act

Bill Number

S. 1402

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Education

Status

Introduced

Latest Action

2025-04-09: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Last Updated

2025-05-19T12:51:01Z

AI-Generated Summary

Purpose

The "Returning Education to Our States Act" (S. 1402) aims to abolish the U.S. Department of Education (ED) and redistribute its functions, programs, and funding to other federal departments. It seeks to reduce federal oversight of education by converting many targeted federal programs into flexible block grants to states, emphasizing state and local control over education policy, funding, and administration.

Key Provisions

• Abolishment and Repeal: The Department of Education is terminated one year after enactment, along with its organizing statute (20 U.S.C. 3401 et seq.). Most sections of the General Education Provisions Act (20 U.S.C. 1221 et seq.) are repealed, but key protections like the Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. 1232g) are preserved and adapted to apply to transferred programs.

• Civil Rights Enforcement: The ED's Office of Civil Rights is abolished, with responsibilities transferred to the Department of Justice's Civil Rights Division. This includes enforcing laws like Section 504 of the Rehabilitation Act (disability rights), Title IX (sex discrimination), Title VI (race discrimination), and the Age Discrimination Act.

• Title I: Elementary and Secondary Education
• Specific programs transferred: Indian education functions to the Department of the Interior; impact aid for military dependents to the Department of Defense.
• Block grants via the Department of Health and Human Services (HHS): States receive funds equivalent to former Title I allocations (for low-income students) plus general allotments based on school-age population. Funds can support early childhood, K-12, and career/technical education with minimal restrictions.
• Conditions: States must submit data, undergo audits under the Single Audit Act, and comply with federal civil rights laws. Misuse of funds can lead to repayment or withholding. FERPA applies, adapted for HHS.

• Title II: Higher Education
• Student financial aid (e.g., under Title IV of the Higher Education Act) and health education loans transferred to the Department of the Treasury.
• Postsecondary block grants via Treasury: Allocated based on prior-year enrollment, with similar conditions (data submission, audits, civil rights compliance) as elementary/secondary grants.

• Title III: Other Programs
• Transfers to various departments:
• Research and assessment (e.g., Education Sciences Reform Act) to Treasury.
• Career/technical education and adult literacy to the Department of Labor.
• Special education (Individuals with Disabilities Education Act) and homeless assistance to HHS.
• Vocational rehabilitation and programs for the deaf/blind to Labor.
• International exchanges (Fulbright-Hays) to the Department of State.
• Other niche programs (e.g., Special Olympics support, scholarships for opportunity) to HHS or Labor.

• Title IV: Transition Provisions
• Authorizes funds for reorganization up to 180 days post-enactment.
• Requires the President to submit a reorganization plan to Congress within 120 days, including consultations, efficiencies, and cost analyses; plan effective no earlier than 90 days after submission.
• Savings clauses: Protects ongoing actions, proceedings, contracts, and employee rights during transition. References to ED in laws are updated to point to new agencies. Incidental transfers authorized by the Office of Management and Budget.

Significant Changes to Existing Law

• Elimination of Centralized Oversight: Ends the standalone ED, fragmenting its role across agencies like HHS, Treasury, Labor, Interior, Defense, Justice, and State—shifting from federal program-specific mandates to broader block grants.
• Block Grant Conversion: Replaces formula-based, targeted grants (e.g., Title I for disadvantaged students) with flexible state allotments, removing requirements like standardized testing or specific interventions, while retaining civil rights and privacy safeguards.
• Repeals and Adaptations: Broadly repeals ED's foundational laws but preserves FERPA and civil rights enforcement, adapting them to new administrators (e.g., FERPA now references HHS or Treasury instead of ED).
• No Immediate Disruptions: One-year delay and transition rules ensure continuity for grants, contracts, and personnel, with no single-date cutoff for transfers.

Potential Impacts

• On Government Agencies: Increases workload for receiving agencies (e.g., HHS for K-12 and special education, Treasury for loans and higher ed), potentially leading to streamlined operations or administrative challenges. Requires presidential reorganization plan to identify efficiencies or costs.
• On Citizens: States gain flexibility to allocate funds based on local needs (e.g., for teacher pay, facilities, or vocational training), but reduces federal accountability for outcomes like student achievement. Students in special populations (e.g., disabled, low-income, minorities) may see consistent civil rights protections but varying state implementation. Families benefit from preserved privacy under FERPA.
• On International Relations: Minimal direct impact, but programs like Fulbright-Hays (cultural exchanges) moving to State could enhance diplomatic integration of education initiatives.

Main Stakeholders Affected

• States and Local Education Agencies: Primary beneficiaries of block grants, gaining autonomy but facing new reporting/audit requirements to HHS or Treasury.
• Students and Families: Particularly those in public schools, higher education, special education, or underserved groups (e.g., low-income, disabled, Native American, homeless), as funding flexibility could improve or unevenly affect access.
• Educators and Institutions: Teachers, schools, and colleges adapt to state-led priorities; federal employees from ED face transfers or position terminations.
• Federal Agencies: HHS, Treasury, Labor, Justice, Interior, Defense, and State absorb new responsibilities, impacting their budgets and operations.
• Advocacy Groups: Civil rights organizations, disability advocates, and privacy watchdogs monitor enforcement shifts.

Notable Legal, Constitutional, or Political Implications

• Legal: Ensures continuity through savings provisions to avoid lawsuits over disruptions (e.g., pending grants or actions remain valid). Transfers must align with existing statutes, with OMB oversight for assets; block grants include misuse penalties to maintain fiscal accountability.
• Constitutional: Reinforces the 10th Amendment's emphasis on state powers by devolving education control, as education is not a enumerated federal power—potentially sparking debates on federalism without altering core constitutional structures.
• Political: Represents a major restructuring of federal education policy, likely controversial due to reduced national standards; requires congressional approval of the reorganization plan, highlighting partisan divides on government size and state versus federal roles. No explicit partisan language, but sponsors (e.g., Sen. Rounds) signal conservative push for decentralization.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Rounds, Mike [R-SD]

Cosponsors (2)

Sen. Banks, Jim [R-IN], Sen. Sheehy, Tim [R-MT]

Recent Actions

• 2025-04-09: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
• 2025-04-09: Introduced in Senate

Bill Versions

• Returning Education to Our States Act — issued 2025-04-09 — PDF (26 pages)