Congressional Republicans continue to introduce bills eliminating the Department of Education

(WASHINGTON) — South Dakota Sen. Mike Rounds introduced the “Returning Education Back to Our States Act” on Thursday, signaling a commitment to deliver on President-elect Donald Trump’s vow to dismantle the Department of Education.

In the conservative movement to return education back to local control, Rounds said the legislation would “eliminate” the department while redistributing all critical federal programs to other agencies.

Rounds’ announcement was first reported by Fox News.

“For years, I’ve worked toward removing the federal Department of Education,” the Republican senator wrote in a statement, adding “I’m pleased that President-elect Trump shares this vision, and I’m excited to work with him and Republican majorities in the Senate and House to make this a reality. This legislation is a roadmap to eliminating the federal Department of Education by practically rehoming these federal programs in the departments where they belong, which will be critical as we move into next year.”

In his statement, Rounds said the United States spends too much on education for students’ test scores to be lagging behind other countries in standardized assessments. He called the DOE ineffective and earmarked the department’s responsibilities for the Departments of Interior, Treasury, Health and Human Services, Labor and State, according to the bill text.

The Individuals with Disabilities Education Act (IDEA) and aid programs under Title VIII of the Elementary and Secondary Education Act will be transferred to the Department of Health and Human Services, the Office of Indian Education of the Department of Education will be transferred to the Department of the Interior, the Federal Pell Grant and other higher education loan programs will be transferred to the Department of the Treasury.

According to the bill, the treasury department will allocate Block grants to states for K-12 and postsecondary education. The treasury secretary also has the power to withhold these funds if they are mishandled by the states. The Justice Department will oversee federal civil rights laws that were previously under Title VI.

Kentucky Rep. Thomas Massie told ABC News Thursday morning that he would also bring forward legislation to abolish the DOE within the “first few weeks” of the 119th Congress.

“There’ll be one sentence – only thing that will change is the date: The Department of Education shall terminate on December 31, 2026,” Massie told ABC News.

Massie has been pushing to defund the U.S. Department of Education since the start of 2023 when he introduced H.R. 899. Massie’s bill wasn’t voted on in the House last year.

However, education analyst Neal McCluskey at the Cato Institute, a libertarian think tank, argued Massie’s one-sentence bill was not realistic.

“You’ve got to figure out what to do with all the legislation that feeds into the Department of Education,” McCluskey said.

“If Congress were to pass that law that says, abolish the Department of Education, technically the department would go away, but then you’d have all sorts of questions, well, who’s going to administrate or be administrator for all these programs,” he said.

In March 2023, Massie wrote an amendment H.Amendment 124 in H.R. 5, the “Parents Bill of Rights Act” – the House’s signature K-12 education policy – to abolish the department. That amendment failed as all Democrats and 60 House Republicans voted against it.

Here are ways to gut the department

Even as Republicans hold majorities in both chambers next Congress, the Senate typically needs 60 votes to do anything, according to McCluskey. McCluskey said, “There’s no chance they’re going to be at 60, and so it’s going to be tough [to abolish the department legislatively].”

“The Department of Education administers a whole lot of laws, and then those laws have to be changed about who runs student aid and who is tasked with making decisions about canceling student debt, and who decides or who administers Title I and lots of these other federal programs,” McCluskey told ABC News.

“He [President-elect Trump] can certainly use the bully pulpit to drive this a lot. He could provide legislative blueprints if he wanted to. But ultimately this has to come through Congress,” McCluskey underscored.

Meanwhile, Augustus Mays, vice president for partnerships and engagement at the advocacy group The Education Trust, told ABC News that the president-elect could also ask Congress to gut federal programs like Title 1, the Every Student Succeeds Act (ESSA), and others, in his congressional budget request.

Public education, particularly in high-need districts, would effectively be drained of millions of dollars, according to Mays.

“It would really cripple the ability to function and aid the support that these students need to really succeed from an academic standpoint,” Mays said.

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