S 1402119th CongressIn Committee

Returning Education to Our States Act

Introduced: Apr 9, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill, titled the Returning Education to Our States Act, would abolish the Department of Education one year after enactment and repeal the Department of Education Organization Act. It repeals most of the General Education Provisions Act, while preserving FERPA protections (with updated references to the new administering department). The bill reorganizes federal education functions by transferring them to various other federal departments and agencies (for example, Interior, Defense, Justice, Health and Human Services, Labor, Treasury, and State) and by creating new block grant programs administered by Health and Human Services and the Treasury for state-level education funding. It also moves major federal education laws and programs (e.g., IDEA, Perkins, adult education, postsecondary funding, and several disability and special education provisions) to different departments. In addition to reorganizing programs, the bill shifts civil rights enforcement related to transferred education programs to the Department of Justice. A detailed transition framework sets timelines for transfers, planning, and ongoing actions, with funding authorized as necessary to carry out the reorganization. In short, the bill aims to dissolve a central federal education agency and reallocate its responsibilities across multiple other federal departments, accompanied by state-focused funding mechanisms and a structured transition process. The overall effect would be dramatic changes in how federal education programs are administered, funded, and governed, with potential implications for accountability, privacy protections, civil rights enforcement, and the relationship between states and the federal government in education policy.

Key Points

1Abolishment and sunset of the Department of Education
2- Effective one year after enactment, the Department of Education is terminated and the Department of Education Organization Act is repealed.
3- Creates a broad reorganization plan to transfer functions, personnel, assets, and liabilities to other agencies.
4Transfer of major education programs to other departments
5- Elementary and Secondary Education Act programs related to Indian/Native education and certain ESEA authorities moved to the Department of the Interior and Department of Defense.
6- Other ESEA-related authorities moved under separate transfers to different departments (e.g., DoD for Title VII activities).
7- Numerous higher education and related programs (grant programs, student aid, disability programs, career/technical education, adult education, etc.) are moved to the Department of Treasury, Department of Health and Human Services, Department of Labor, and Department of State, depending on the program.
8- Specific examples include IDEA moving to HHS, Perkins Act activities to DoL, adult education to DoL, and various disability-related and education-related entities to DoL, HHS, or State as specified.
9Creation of state and postsecondary block grants
10- Title II envisions two new block grant programs:
11- A state block grant program administered by the Department of Health and Human Services to fund early childhood through secondary education (including career/technical education).
12- A postsecondary block grant program administered by the Department of the Treasury to fund higher education in each state.
13- Allocations to states would be formula-based and include minimums and special considerations for outlying areas, territories, and specific programs.
14FERPA and privacy protections
15- GEPA sections are largely repealed, but FERPA remains in place (with references updated to the new administering department for moved programs).
16- FERPA protections would apply to programs transferred to new departments, subject to those departments’ administration.
17Civil rights enforcement migrated to DOJ
18- The Office for Civil Rights in the DOE would be abolished, and the Department of Justice’s Civil Rights Division would take over enforcement for applicable federal civil rights laws (e.g., Section 504, Title IX, Title VI, and the Age Discrimination Act) for programs transferred to other departments.
19Transition and implementation framework
20- A presidential reorganization plan must be submitted to Congress within 120 days, detailing how transfers will occur, any consolidations or cost savings, and any needed new authorities.
21- A transition period with defined timelines, funding, and authority for personnel and assets is established, including protections for ongoing contracts, grants, and civil actions.
22- There are explicit provisions for continued pending actions and existing statutory requirements related to the transferred functions.

Impact Areas

Primary group/area affected- Students and families (K-12 and higher education) who rely on federal education funding and oversight.- States and school districts that receive federal support; Native American and Alaska Native communities affected by transferred programs; individuals with disabilities and their families (due to IDEA and related protections).Secondary group/area affected- Federal agencies and the federal workforce, due to major realignment of programs and funding streams (e.g., Treasury, HHS, DoL, Interior, DoD, DOJ, State).- Institutions of higher education and career/technical education providers that receive federal aid, loans, or program support.- Privacy and civil rights stakeholders, given FERPA references and civil rights enforcement changes (to DOJ).Additional impacts- Policy and administrative changes could affect how data are collected, reported, and audited, given new grant conditions and cross-departmental transfer requirements.- Potential shifts in program design, coordination, and accountability mechanisms across elementary, secondary, and postsecondary education.- State flexibility and burden could increase or decrease depending on how block grants interact with state budgeting and reporting requirements.- Transition logistics could create short- to medium-term disruptions as programs migrate to new administering agencies and new oversight structures.FERPA: Family Educational Rights and Privacy Act, which protects the privacy of student education records.GEPA: General Education Provisions Act, a set of education-related provisions that would be largely repealed under this bill except for certain sections.Block grant: A lump-sum federal grant given to states with broad purposes and fewer specific federal restrictions, allowing states discretion in how funds are spent within a broad category.Civil rights enforcement: The legal process by which federally protected rights (e.g., non-discrimination in education) are monitored and enforced.

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