Trump Administration Initiates Transfer of Education Department Functions
The Trump administration announced a plan on Tuesday to reassign significant functions of the U.S. Department of Education to other federal agencies. This initiative aims to shift responsibilities for areas including elementary and secondary education, postsecondary education, and Indian education.
Background and Implementation
The offices designated for these transfers were originally established within the Education Department by Congress in 1979. The administration is proceeding with these reassignments without explicit congressional consent.
According to individuals briefed on the plan, the administration has finalized six new agreements between the Education Department and other agencies. These agreements involve the transfer of day-to-day operational duties for several congressionally mandated programs, while a limited number of staff will remain within the Education Department.
Specific Program Reassignments
The transfers include:
- U.S. Department of Labor: Will assume much of the work from the Office of Elementary and Secondary Education, which encompasses the management of Title I (a federal funding stream supporting schools with low-income students), and a substantial portion of the Office of Postsecondary Education's responsibilities.
- U.S. Department of the Interior: Will take over the majority of the work from the Office of Indian Education.
- U.S. Department of State: Will manage international education and foreign language studies programs.
- U.S. Department of Health and Human Services (HHS): Will become responsible for the Child Care Access Means Parents in School (CCAMPIS) program, which provides childcare services on college campuses for low-income student-parents.
Administration's Rationale
Education Secretary Linda McMahon previously articulated the administration's strategy in a Sunday op-ed, stating, "We'll peel back the layers of federal bureaucracy by partnering with agencies that are better suited to manage programs and empowering states and local leaders to oversee the rest. These partnerships are commonplace across the federal government to improve service delivery and increase efficiency."
This follows a July agreement where the Labor Department assumed responsibility for adult education and family literacy programs, a move the Education Department stated would involve continued leadership and oversight by its staff.
Exclusions and Legal Questions
Certain core responsibilities of the Education Department, such as special education, student civil rights enforcement, and student loans, are not included in these current agreements.
Opponents of these changes assert that the White House lacks the legal authority to transfer functions of offices created and explicitly placed within the Education Department by Congress without congressional approval. In briefings with lawmakers and staff, the department maintained that the statutory responsibilities for these programs would remain with the department, even if the operational work is conducted by other agencies.
The legality of maintaining a reduced departmental staff in partnership with other agencies, regarding compliance with federal law, remains uncertain.
Lindsey Burke, the department's deputy chief of staff for policy and programs, led the briefing. Burke previously co-authored the education section of Project 2025, a conservative blueprint that advocates for the elimination of the U.S. Department of Education, stating, "The federal Department of Education should be eliminated. When power is exercised, it should empower students and families, not government."
Legal challenges opposing these moves are anticipated.