Legislative Efforts to Eliminate the U.S. Department of Education
Several bills in Congress propose to eliminate or dismantle the U.S. Department of Education, threatening critical protections for students experiencing homelessness and those in foster care. Learn what’s at stake and how you can take action.
In recent weeks, several bills have been introduced to dismantle the U.S. Department of Education. While some bills transfer the McKinney-Vento Act’s Education for Homeless Children and Youth (EHCY) program, Title I Part A, and other education programs to the U.S. Department of Health and Human Services (HHS), other bills simply eliminate the Department.
While these particular bills are not likely to be taken up by the U.S. House or U.S. Senate education committees soon, we are tracking them to inform our advocacy to preserve federal educational protections for students experiencing homelessness and students in foster care.
We summarize the legislation below, and share how readers can urge their Members of Congress to reject any legislation that would repeal or defund the McKinney-Vento Act’s Education for Homeless Children and Youth (EHCY) program or the Title I Part A program.
Legislation to Eliminate the U.S. Department of Education
| Bill/Sponsor | McKinney-Vento EHCY Program | Title I of ESEA | IDEA (Special Education) | Student Aid/Pell | Other |
|---|---|---|---|---|---|
| S. 1402 Senator Rounds (R-SD) | Transfers to HHS, including personnel, functions, and authorities | Repeals by replacing with a block grant at HHS | Transfers to HHS, including personnel, functions, and authorities | Transfers to US Department of Treasury, including personnel, functions, and authorities | Terminates ED one year after date of enactment |
| H.R. 2456 Rep. Nathaniel Moran (R-TX) | Transfers to HHS | Transfers to HHS | Transfers to HHS | Transfers to US Department of Treasury | Sunsets Title I, Part A grants after 2036. |
| S. 1148 Senator Rand Paul (R-KY) H.R. 899 Rep. Thomas Massie (R-KY) | Not addressed | Not addressed | Not addressed | Not addressed | Terminates ED as of Dec 31, 2026 |
What are the next steps for these bills?
Eliminating ED, including repealing or transferring federal education programs, would require a supermajority of 60 votes in the Senate (as long as filibuster rules remain in place). Politically, this would be very difficult.Nevertheless, we cannot take any damaging legislative proposals lightly. After the President signed an Executive Order to begin steps to dismantle ED, Senator Bill Cassidy (R-LA), Chair of the Senate Health, Education, Labor and Pensions (HELP) committee, issued a statement that he would introduce legislation to abolish the Department “as soon as possible.” This indicates that, at some point, legislation to eliminate ED is likely to be considered.
What’s at stake for children and youth experiencing homelessness, and children and youth in foster care?
Without the protections of the McKinney-Vento Act’s Education for Homeless Children and Youth program and the Title I Part A provisions for children and youth in foster care, 1.4 million children and youth experiencing homelessness, and 270,000 children and youth in foster care, will struggle to enroll and attend school. This means these students won’t benefit from any other federal funds, or state or local educational funds; they will be at even greater risk of dropping out—leading to increased poverty and unemployment, and lost potential.
What can you do?
All members of Congress, on both sides of the aisle, must hear from as many constituents as possible about the need to protect educational access and stability for children and youth who are homeless and those in foster care.
- Please click here to urge your U.S. Senators and U.S. Representative to oppose any legislation that would repeal or defund the McKinney-Vento Act’s Education for Homeless Children and Youth (EHCY) program or the Title I Part A program.
- Please consider a virtual meeting with the staff of your US Representative and U.S. Senators. It is not lobbying to simply share local information with Congress. SHC can help schedule, prepare, and even facilitate the meeting if you wish. Please contact TJ Lucas, Senior Manager for Federal Policy, if you are interested.