Overview
Title
To abolish the Department of Education, and for other purposes.
ELI5 AI
S. 1402 is a suggestion to get rid of a big group in charge of school stuff called the Department of Education and to spread its work to other groups like the Treasury and Defense. The idea is to let each state make more decisions about their schools, but some people are worried this might make things confusing and messy without a clear plan.
Summary AI
S. 1402 is a bill that proposes to eliminate the Department of Education in the United States. It intends to transfer the functions, responsibilities, and programs of the Department of Education to various other federal departments like the Department of the Interior, Department of Defense, Department of Treasury, Department of Health and Human Services, Department of Labor, and Department of State. Each of these departments will take over specific educational programs and responsibilities previously managed by the Department of Education, with the overall goal to give more control of education back to individual states. The bill also includes provisions to ensure the smooth transition of responsibilities to these departments.
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AnalysisAI
The proposed legislation, titled the "Returning Education to Our States Act," is a significant and transformative bill that seeks to abolish the Department of Education. Introduced in the Senate, the bill mandates the termination of the Department of Education one year after its enactment. It outlines plans for transferring numerous educational functions and responsibilities to various other federal departments such as the Departments of Interior, Defense, Treasury, Health and Human Services, Labor, and others.
General Summary of the Bill
At its core, the bill seeks to decentralize educational governance by dismantling the federal Department of Education and redistributing its duties across several other federal entities. The intent is to shift control over education more directly to individual states and other federal departments. This involves not only terminating the department but also repealing its foundational legislation. Key aspects of educational oversight, such as civil rights enforcement in education, would move to the Department of Justice. Additionally, various educational programs, particularly concerning higher education, technical education, and special education, would be handed over to the respective departments.
Summary of Significant Issues
One of the central issues with this bill lies in its lack of detailed planning for how the major transition will occur, particularly concerning the redistribution of functions, responsibilities, and personnel among multiple federal departments. The bill does not provide a comprehensive outline for transition management or the potential financial implications resulting from these structural changes, leading to concerns about uncertainty and possible disruption in educational services.
Additionally, the decision to shift educational roles to departments not traditionally involved in such functions, such as transferring the oversight of student financial assistance to the Treasury, raises questions about the capacity and preparedness of these departments to manage educational responsibilities effectively. There is also a lack of explanation regarding the expected benefits of such transfers, which could lead to redundancies and inefficiencies.
Impact on the Public
The broad public impact of this legislation could potentially be quite significant. The abolishment of the Department of Education risks creating a period of uncertainty in educational administration across the country. With the transition of education programs to other departments that may not have the same focus or expertise, there may be delays or lapses in educational services, affecting students, educators, and educational institutions nationwide.
The transition of important civil rights oversight to the Department of Justice, without a clearly detailed plan for handling increased responsibilities, presents potential concerns about continuity and efficacy in upholding educational equity.
Impact on Specific Stakeholders
For educators, school districts, and higher education institutions, this bill represents a dramatic shift in how educational policies and funding are administered. The decentralization could lead to increased administrative burdens as states and schools navigate new federal partnerships and funding mechanisms.
The employees of the Department of Education face uncertainty regarding their employment stability. The bill does not detail how personnel transitions will be handled, which could lead to job losses or require significant retraining.
Certain vulnerable student populations, such as those covered under the Individuals with Disabilities Education Act (IDEA) or other federal support programs, might experience service gaps or changes in service quality due to the transfer of responsibilities to departments like Health and Human Services or Labor, which have different primary focuses from education.
In conclusion, while the bill aims to streamline and localize educational governance, the potential for significant disruption, coupled with the lack of detailed planning and consideration of financial implications, indicates that careful reconsideration and additional planning will be necessary to ensure that educational services continue smoothly and equitably for all stakeholders involved.
Issues
The bill proposes to abolish the Department of Education without providing a detailed plan for how its functions, responsibilities, and employees will be managed post-abolishment. This could lead to significant uncertainty and disruption in educational services, as outlined in Sections 2, 3, and 4.
There is a significant transfer of functions and programs to other departments, such as the Departments of Treasury, Interior, Defense, and Health and Human Services, without clear rationale or explanation of how these departments will effectively manage educational functions, as seen in Sections 101, 102, 201, 202, 203, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, and 313.
The financial implications of terminating the Department of Education and transferring its functions to other departments are not thoroughly analyzed, raising concerns about potential waste or mismanagement of public funds, as discussed in Sections 2, 4, 401, and 406.
The text lacks an outline of a transition plan or impact assessment which is typically essential for major structural changes within government infrastructure, potentially leading to administrative inefficiencies and disruption of services, as highlighted in Sections 4, 102, 201, 202, 203, 301, 302, 303, 305, 306, 313, and title IV.
Transferring the Office of Civil Rights responsibilities to the Department of Justice without a detailed plan for managing increased responsibilities could raise concerns about capacity and service continuity, as mentioned in Section 4.
The bill provides vague language regarding budget allocations, using terms like 'such sums as may be necessary', which can lead to potential overspending or lack of accountability. This is noted in Sections 102, 203, and 401.
There is no detailed analysis on how existing employees of the Department of Education will be treated, potentially raising concerns about employment stability and legal obligations, as outlined in Sections 2, 4, and 405.
Multiple program transfers lack specificity concerning timelines, measures of accountability, oversight, and management of transferred functions and resources, creating risks for operational disruptions. This issue is prevalent across Sections 2, 101, 102, 201, 202, 203, 401, 403, and 406.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The introductory section of this act establishes its short title, stating that it may be referred to as the “Returning Education to Our States Act.”
2. Abolishment of the Department of Education Read Opens in new tab
Summary AI
The section establishes that the Department of Education will be terminated one year after the law is enacted, and the law that created the Department, the Department of Education Organization Act, will also be repealed at that time.
3. General Education Provisions Act; FERPA Read Opens in new tab
Summary AI
This section of the bill states that most parts of the General Education Provision Act (GEPA) will be repealed one year after the bill becomes law, but the Family Educational Rights and Privacy Act (FERPA) and a few other sections will remain in effect. It also clarifies that FERPA will still apply to some education programs even if they move to other government departments.
4. Transfer of Civil Rights Enforcement Read Opens in new tab
Summary AI
The section outlines that one year after the Act is enacted, the Office of Civil Rights in the Department of Education will be closed, and its responsibilities will shift to the Civil Rights Division of the Department of Justice. This division will handle complaints and enforce federal civil rights laws related to specific educational programs, including laws against discrimination based on disability, sex, race, and age.
101. Elementary and Secondary Education Act programs Read Opens in new tab
Summary AI
The bill proposes transferring certain educational functions from the Department of Education to other departments. Specifically, the Office of Indian Education and related programs will move to the Department of the Interior, while programs under title VII will shift to the Department of Defense, both taking place one year after the law is passed.
102. Elementary and secondary education State block grant programs Read Opens in new tab
Summary AI
The bill outlines how the Secretary of Health and Human Services will distribute funds to states for early childhood, elementary, and secondary education programs, including career and technical education. States must follow certain conditions, such as submitting student data and complying with civil rights laws, and may face consequences if funds are misused.
201. Student financial assistance Read Opens in new tab
Summary AI
The section states that one year after this Act is enacted, the Department of Education's responsibilities related to student financial assistance programs, under title IV of the Higher Education Act of 1965, will be transferred to the Department of the Treasury. This transfer includes all related functions, authorities, staff, assets, and liabilities.
202. Health Education Assistance Loan Program Read Opens in new tab
Summary AI
The Health Education Assistance Loan Program, currently managed by the Department of Education, will have all its functions, staff, programs, and responsibilities moved to the Department of the Treasury starting one year after the law is enacted.
203. Postsecondary education state block grant program Read Opens in new tab
Summary AI
The Postsecondary Education State Block Grant Program requires the Secretary of the Treasury to allocate funds to each state based on their number of students in postsecondary education compared to other states. To receive these funds, states must submit student data, conduct annual audits, and comply with federal civil rights laws, while the Secretary can demand repayment if funds are misused.
301. Education Sciences Reform and Related Laws Read Opens in new tab
Summary AI
In one year, the Department of Education's responsibilities and resources related to certain education laws will be moved to the Department of the Treasury. This change affects the Education Sciences Reform Act, the Educational Technical Assistance Act, and the National Assessment of Educational Progress Authorization Act.
302. Carl D. Perkins Career and Technical Education Act of 2006 Read Opens in new tab
Summary AI
The section states that, one year after the new law is enacted, all responsibilities, programs, and resources related to the Carl D. Perkins Career and Technical Education Act of 2006 will be moved from the Department of Education to the Department of Labor.
303. Adult Education and Family Literacy Read Opens in new tab
Summary AI
The section states that one year after the law is enacted, the responsibilities and programs related to Adult Education and Family Literacy, which are currently under the Department of Education, will be transferred to the Department of Labor. This includes the transfer of all related functions, authority, staff, assets, and liabilities.
304. IDEA Read Opens in new tab
Summary AI
One year after this law is enacted, the Department of Health and Human Services will take over the responsibilities, resources, and roles currently managed by the Department of Education under the Individuals with Disabilities Education Act.
305. Vocational Rehabilitation State Grants and other activities under the Rehabilitation Act of 1973 Read Opens in new tab
Summary AI
The legislation states that, starting one year after the bill becomes law, the responsibilities and resources related to certain programs and authorities under the Rehabilitation Act of 1973 will be transferred from the Department of Education to the Department of Labor. This includes various titles and provisions of the Act that are currently managed by the Department of Education.
306. Education of the Deaf Act of 1986 Read Opens in new tab
Summary AI
Starting one year after the passage of the Act, the Department of Labor will take over the responsibilities and resources previously managed by the Department of Education related to the Education of the Deaf Act of 1986.
307. Randolph-Sheppard Act Read Opens in new tab
Summary AI
The Randolph-Sheppard Act section of the bill states that starting one year after the bill is passed, the Department of Labor will take over all functions, programs, and responsibilities related to the Randolph-Sheppard Act from the Department of Education. This act allows blind people to operate vending stands in federal buildings.
308. Helen Keller National Center Act Read Opens in new tab
Summary AI
The section states that, starting one year after the bill is enacted, the Department of Education will hand over the responsibilities, programs, staff, and resources related to the Helen Keller National Center Act to the Department of Labor.
309. Special Olympics Sport and Empowerment Act of 2004 Read Opens in new tab
Summary AI
In 2004, under the Special Olympics Sport and Empowerment Act, all responsibilities and assets related to the Special Olympics, previously managed by the Department of Education, will be moved to the Department of Health and Human Services one year after the law is enacted.
310. Education of the Blind Read Opens in new tab
Summary AI
The section states that one year after the law is enacted, the Department of Health and Human Services will take over the roles and responsibilities related to the education of the blind from the Department of Education, following the Act to Promote the Education of the Blind from 1879.
311. SOAR Act Read Opens in new tab
Summary AI
One year after this law is enacted, the Department of Health and Human Services will take over certain programs and responsibilities from the Department of Education, specifically those related to the Scholarships for Opportunity and Results Act.
312. McKinney-Vento Homeless Assistance Act Read Opens in new tab
Summary AI
One year after this law is enacted, the Department of Health and Human Services will take over certain programs, responsibilities, and resources related to education for the homeless that are currently managed by the Department of Education under the McKinney-Vento Homeless Assistance Act.
313. Fulbright-Hays Read Opens in new tab
Summary AI
The section mandates that, one year after the act is enacted, all functions, programs, and resources of the Fulbright-Hays Program, currently managed by the Department of Education, will be transferred to the Department of State.
401. Authorization of appropriations Read Opens in new tab
Summary AI
The section allows for the allocation of funds as needed to implement the transfer of responsibilities authorized by the Act, with these funds being available for use until 180 days after the Act is enacted.
402. Reorganization plan Read Opens in new tab
Summary AI
The section requires the President to send a reorganization plan to Congress within 120 days of the Act's enactment. This plan should address the transfer of functions, personnel, assets, and liabilities, including any consolidations or inefficiencies, and must involve consultation with Congress both before its submission and before any modifications. The plan becomes effective at least 90 days after the President sends it to Congress, allowing flexibility in the timing of transfers and changes.
403. Transitional authorities Read Opens in new tab
Summary AI
The section outlines that before certain functions are transferred from the Department of Education to another department, officials must assist by providing necessary resources and support. Additionally, during the transition, the Secretary of Education can offer services and personnel to the receiving department, and upon transfer, personnel, assets, and responsibilities related to those functions will move to the recipient department for proper allocation.
404. Savings provisions Read Opens in new tab
Summary AI
The section ensures that existing actions and ongoing proceedings of the Department of Education will continue unchanged even if their responsibilities are transferred to another Federal Department. It states that pending legal or civil actions will carry on as usual, and employment conditions for transferred personnel will remain the same. References to the Department will also adapt to the new department taking over those responsibilities.
405. Other terminations Read Opens in new tab
Summary AI
Whenever the Department of Education's functions are moved or ended according to this Act, any position with a salary at levels II to V of the Executive Schedule will also end, unless stated otherwise in the Act.
406. Incidental transfers Read Opens in new tab
Summary AI
The Director of the Office of Management and Budget, along with the recipient Department, is given the authority to manage the details of moving personnel, assets, and liabilities related to the functions transferred by this Act. This involves making necessary adjustments to ensure the Act's goals are met.
407. References Read Opens in new tab
Summary AI
This section explains that if a function is transferred from one department, commission, or agency to another under this Act, any references to the original entity or its officers in other Federal laws will be considered as references to the new department or official to which the function is transferred.