The History of the United States Department of Education Explained
4.22.2025
With a new secretary of education and a new administration determined to cut federal spending, we are faced with the prospect of drastically reducing (or abolishing) the U.S. Department of Education’s role in today’s education system.
The message from the Trump administration is to return the oversight of education to the states and make major changes to the two major funding streams the department oversees, including the Individuals with Disabilities in Education Act and ending Title I of the Elementary and Secondary Education Act for schools. With the prospect of a closure looming, it is important that special needs planners, special education attorneys and advocates understand how the Department of Education works and the impact of the proposed changes.
President Jimmy Carter created the federal Department of Education in 1979 under Public Law 96-88. President Carter’s vision was to provide a department to ensure equal access to all regardless of race, creed, color, national origin or sex. Prior to that time, most policies and enforcement of the existing education laws on the federal level were handled by the U.S. Department of Health and Human Services. President Carter’s goal was to support education of students from poor communities through the enactment of Title I. Ten years later, Congress enacted the Education for All Handicapped Children Act, which eventually became the Individuals with Disabilities in Education Act. The intent was to provide equal access to education regardless of economic status. With the enactment of these pieces of legislation in 1979, the U.S. Department of Education was born.
However, many people do not understand what the department does, the actual authority and oversight it provides or the amount of funding it provides to the states, which is less than 10% of the spending on education and other programs. In addition, many of the decisions regarding education are left primarily to the states to determine.
The federal Department of Education, a cabinet-level executive branch agency, oversees education policy and administers a budget of nearly $268 billion (spent in 2024) for programs from pre-kindergarten through post-secondary education. It provides grants through Title I, and the Individuals with Disabilities in Education Act provides funding to the states that help local school districts provide necessary support for students with special education needs. In addition, the federal Department of Education provides oversight of funding and regulations during emergencies, such as the COVID pandemic. It is important to remember that while the federal government provides some funding, the states also are responsible for providing financial support for education.
There are many offices that are part of the federal Department of Education, including the Office of Elementary and Secondary Education, the Office of English Language Acquisition, the Office of Special Education and Rehabilitation Services, the Institute of Education Sciences, the Office for Civil Rights and the Office of Career, Technical and Adult Education.
There are other departments that administer programs, including the Department of Health and Human Services and the Department of Agriculture, which underwrites the school lunch program.
The Department of Education has been tasked with research including how to improve academic performance of students in our schools. Other initiatives include increasing access to education to students from underserved and low-income communities. It is also important to note that the federal Department of Education oversees student loan programs and provides funding such as Pell grants.
Probably one of the most important roles of the department is to oversee compliance with many of the civil rights laws. The Office of Civil Rights handles civil rights complaints including investigation, resolution and compliance issues. The department has been tasked with ensuring civil rights laws including Title IX, and violations of the Individuals with Disabilities in Education Act are addressed. Violations of these and other statutes may result in a loss of funding.
The department is headed by a secretary of education nominated by the president and confirmed by the Senate. Linda McMahon was confirmed by the Senate and is the secretary of education.
The debate regarding the value of the federal Department of Education is not new. With each administration, the department’s role and the desire to improve outcomes for students have been important campaign issues. Each administration has its own vision for the provision of education and how to best serve students, including those with disabilities. While total elimination of the department remains unlikely, as it would take an act of Congress, there have been proposals over the years to shift the oversight and funding to other departments, raising the issue of whether students will be better served in this manner.
If this happens, there is an argument that the states, including local education agencies, may not see a difference. On the other hand, if there is a change in the education laws or funding streams, of course the impact could be far more sweeping.
For special needs planners, we believe that one point to consider is whether there needs to be more consideration for how to provide long-term care if changes to the funding streams do occur.
For special education attorneys, we need to consider zealously advocating for the rights of students with disabilities on a state level to ensure they continue to receive access to supports mandated under the law.
As potential changes unfold, it is crucial for attorneys and advocates to work across party lines to ensure that education remains a bipartisan priority.
The purpose of this article is to provide the reader with a basic understanding of the agency and not to provide an opinion on the impact of change. We hope it provides a starting point for creative planning and conversation.
This article appears in the Elder and Special Needs Law Journal (2025, v. 25, no 1), a publication of the Elder Law and Special Needs Section. For more information, please visit NYSBA.ORG/ELDER.
Adrienne Arkontaky is the founder/owner of the Arkontaky Law Group. Her practice focuses on special education advocacy/litigation/special needs planning/trust administration/guardianships and Office of Persons With Disabilities applications and appeals.
Irina Roller is the founder/owner of the law offices of Irina Roller. She has dedicated her law practice to helping families obtain either appropriate public educational programs and services or private school funding for their children. She and her staff work to ensure that children obtain the services and education they need, deserve and are entitled to by law.
