Americans might not understand how the US Department of Education (US DOE) statutes work or their importance.

President Trump, former Education Secretary Betsy DeVos, and many billionaires believe the department should be abolished. However, students rely on the US DOE’s federal laws and services.

These individuals wish to privatize public schools, ending the US DOE to steer funds into vouchers, even though groups like the Economic Policy Institute have found that vouchers, educational savings accounts, and tax credits are unpopular and harmful. 

DOE statutes are not guaranteed to be effectively transferred to the states, and handing them to a different department sounds risky. Student protections might end.

If we want a vibrant educational system, a US DOE must ensure smooth operation, overseeing and inspiring state and local school district officials to do their best for students.

Statutes have evolved, and while there are debates and undoubtedly room for auditing, revision, and better, more precise funding, these laws must continue providing critical programming for Republicans and Democrats.

Without the laws, or if they’re weakened, there could be grave changes to how children are educated in America.

Individuals with Disabilities Education Act (IDEA)

IDEA is a federal law that guarantees free and appropriate public education (FAPE) to children with disabilities. It ensures they receive special education and related services and brings them together with their non-disabled peers.

Before IDEA, many children with disabilities were institutionalized (history). Please read about Burton Blatt and Christmas in Purgatory.

The law provides early intervention services for infants and toddlers with disabilities so they can get a good start in life.

IDEA is the re-authorization of the original law, The Education for All Handicapped Children Act, enacted by the United States Congress in 1975.

This act requires all public schools to provide equal access to education. Without this law, children might not be accepted into public schools.

The law reauthorizations in 1998 and 2004 brought children with disabilities together with their non-disabled peers in the classroom, called the Least Restrictive Environment (LRE).

The US DOE awards grants to states and local educational agencies for special education services. Without the US DOE, local school districts might not be compelled to provide necessary services to students with disabilities.

Sometimes, children have been denied a Free, Appropriate Public Education (FAPE), the promise of IDEA, calling for better auditing of states and local school districts to ensure they follow the law’s requirements.

Concerns surround IDEA’s funding and funding formulas, which deserve expert study.

IDEA funds programs for:

• Autism
• Deaf-blindness
• Deafness
• Emotional disturbance
• Hearing impairment
• Intellectual disability
• Other health impairment
• Specific learning disability
• Speech or language impairment
• Traumatic brain injury

Section 504 of the Rehabilitation Act of 1973

The US DOE funds Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against people with disabilities in programs and activities that receive federal financial assistance, prohibiting:

• Excluding people with disabilities from programs or activities
• Denying people with disabilities the benefits of programs or activities
• Subjecting people with disabilities to discrimination in programs or activities

Section 504 ensures accommodations for students and employees with disabilities and accessible programs. For example, individuals with hearing or vision loss should receive communication aids, and building construction or alterations should ensure that those with physical disabilities have access to the building.

Title I

President Lyndon B. Johnson signed the law for Title I, one of the most important involved with schools, and the War on Poverty policy in 1965. Schools are eligible for Title I funding if at least 40 percent of students are from low-income families.

Title I funds, allocated and reallocated through grants, cover hiring more teachers and paraprofessionals, reading and math tutoring, after-school programs, and professional development for teachers and parents.

Title I is primarily for public school students. However, funding may be provided for private school students living in a school district that receives Title I funds.

Educators describe how funds will improve academic performance in a Title I application.

Title IX 

Title IX of the Education Amendments of 1972 is a federal law prohibiting sex discrimination in educational programs receiving federal funding.

Schools, colleges, universities, and other institutions must follow Title IX to permit students to participate in educational programs and avoid sex-based discrimination and harassment, including sexual assault and discrimination in recruiting, admissions, and counseling.

The US DOE’s Office for Civil Rights (OCR) enforces Title IX and can terminate financial assistance if schools don’t comply.

Protecting Student Privacy

Family Educational Rights and Privacy Act (FERPA)

Federal law protects the privacy of student data and education records. Parents and older students can access, review, and control their educational information about grades, attendance, disciplinary actions, and other personally identifiable information.

FERPA was stronger when enacted in 1974, but changes during the Obama administration weakened it (please see Parent Coalition for Student Privacy).

The US DOE should strengthen FERPA.

Protection of Pupil Rights Amendment (PPRA)

The Protection of Pupil Rights Amendment (PPRA) monitors state and local program funds and activities. It’s to protect student information covering:

1. political affiliations or beliefs of the student or the student’s parent;
2. mental or psychological problems of the student or the student’s family;
3. sex behavior or attitudes;
4. illegal, anti-social, self-incriminating, or demeaning behavior;
5. critical appraisals of other individuals with whom respondents have close family relationships;
6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
7. religious practices, affiliations, or beliefs of the student or student’s parent; or
8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors.  The rights under PPRA transfer from the parents to a student who is 18 years old or an emancipated minor under state law.

Free Application for Student Federal Aid (FASFA)

If eligible, students can access federal aid to attend college and pursue careers through grants, scholarships, work-study programs, and college or career school loans.

Unfortunately, U.S. student loan debt has spiraled out of control. President Biden worked to get student debt relief, but it sparked controversy and legal challenges.

This is an area that deserves serious study and renewal.

 Institute for Educational Sciences (IES)

A well-funded educational research program that appoints well-qualified and experienced researchers seems critical to a vibrant education system. This arm of the US DOE provides educational research but has been mired in controversy over the programs, studies, appointments, and research.

The IES research centers include the:

• National Center for Education Evaluation and Regional Assistance (NCEE)
• National Center for Education Research (NCER)^]
• National Center for Education Statistics (NCES)
• National Center for Special Education Research (NCSER)

DOGE has already begun purging this area.

America’s schools still need a well-functioning research center to determine best practices and what teachers and administrators need to help students succeed.

Career Technical Education (CTE)

Vocational education has changed renamed Career and Technical Education (CTE), focusing on helping students, including those with disabilities, get updated skills like:

• AI
• App development
• Computer graphics
• Cybersecurity
• Forensics
• Health
• Marketing, including social media marketing
• Pre-engineering and engineering
• Robotics

Other areas that might still lead to jobs include:

• Agriculture
• Business
• Marketing and distribution
• Health
• Occupational
• Trade and industry (construction, mechanics and repairs, and precision production)
• Technical and communications.

Every Student Succeeds Act (ESSA)

The ESSA is a bipartisan education law that supports the longstanding commitment to equal opportunity for all students. It’s reauthorizing the Elementary and Secondary Education Act (ESEA) and its previous version, No Child Left Behind.

Controversy has surrounded all of these laws and their reauthorizations. Some believe the ESSA needs new reauthorization.

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The U.S. Department of Education could undoubtedly use some careful and precise tweaking, but it must not eliminate the evolving laws that America’s students depend on.