The US Secretary of Education: Responsibilities, History, and Ongoing Debates
The United States Secretary of Education heads the Department of Education, a cabinet-level department of the United States government created in 1980. The role and responsibilities of the Secretary, and indeed the very existence of the Department, have been subjects of ongoing political debate since its inception. This article explores the history, responsibilities, and controversies surrounding the US Secretary of Education and the Department itself.
Historical Context and Creation of the Department
The concept of a federal role in education in the United States dates back to 1867, when President Andrew Johnson signed legislation establishing a Department of Education. This early iteration was primarily intended as a data-gathering and advisory body, collecting information and statistics about the nation's schools and providing guidance. Henry Barnard, a key figure from the National Teachers Association (later renamed the National Education Association), served as the first United States Commissioner of Education.
Over time, the role of the federal government in education evolved. In 1939, the organization, then a bureau, was transferred to the Federal Security Agency and renamed the Office of Education. After World War II, President Dwight D. Eisenhower further reorganized the office in 1953.
The modern Department of Education was established in 1980, under President Jimmy Carter. This move was, in part, a political strategy to gain the support of the National Education Association. Substantively, the creation of a cabinet-level department was argued to be a necessary consolidation of various federal education-related activities. Prior to 1980, these activities were scattered across different agencies. The argument was that bringing them together would improve coordination and efficiency. The creation of the department also signified a growing recognition of the importance of education in American society.
Opposition and Enduring Controversy
Despite its establishment, the Department of Education has faced persistent opposition, primarily from the Republican Party. Opponents argue that the Constitution does not explicitly mention education, and therefore, the federal government should not have a significant role in this area. They view the Department as an unnecessary and illegal intrusion into local affairs, infringing upon the principle of local control over education. Some conservatives believe that the federal footprint in American life should be much smaller overall, questioning whether the federal government should play any role at all.
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During the 1980 presidential campaign, Ronald Reagan promised to eliminate the Department of Education as a cabinet post. While he was unable to do so during his presidency, the goal of abolishing the department has remained a recurring theme in Republican platforms. Even after the Newt Gingrich-led "revolution" in 1994, which saw Republicans gain control of both houses of Congress, federal control of and spending on education continued to increase, despite the party's platform promising to abolish the department.
This debate highlights the tension between those who believe in a strong federal role in ensuring equal access to education and enforcing federal education laws, and those who advocate for greater state and local control.
Responsibilities of the Secretary of Education
The Secretary of Education is responsible for overseeing the Department of Education and implementing federal education policies. The Department's responsibilities are multifaceted and include:
- Distributing Funds: The Department distributes funds to states and school districts, primarily to support economically disadvantaged students and students with disabilities. It also manages Pell Grants and the Federal Student Loan Program for higher education. The two largest funding streams by far provide additional funds to school districts to serve economically disadvantaged students and students with disabilities. And then the department spends even more on higher education through Pell Grants and the Federal Student Loan Program.
- Issuing Regulations: The Department issues regulations on the use of federal funds, which can influence state and local education policies. These regulations address how federal funds can and can't be used, but sometimes they also say what other policies must be in place for states school districts, institutions of higher education to accept federal funds at all? These regulations often give the federal government more influence than its limited financial role would imply.
- Enforcing Civil Rights: The Department's Office for Civil Rights (OCR) works to ensure that all schools receiving federal funds comply with federal civil rights laws.
- Gathering Data and Conducting Research: The Department collects and disseminates official statistics on education and supports education research and development.
The Secretary of Education also serves as a spokesperson for the federal government on education issues, shaping public dialogue and policy.
Powers and Limitations
While the Secretary of Education plays a significant role in shaping education policy, their power is limited. The United States Constitution does not mention any role for the federal government in education, and, according to the Tenth Amendment, anything not mentioned in the Constitution is left to the states to decide. Education is primarily the responsibility of states and local districts. Federal funding makes up about 14 percent of K-12 education funding. States and localities foot the rest of the bill, mostly through a combination of taxes on income and property. The federal government provides only about 12 percent of the overall education spending of $1.15 trillion.
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The Secretary's authority is also constrained by Congress, which passes laws that the Department must implement. The Supreme Court also plays a role, as seen in the striking down of President Biden's student loan forgiveness plan.The Supreme Court struck down Biden's plan to forgive up to $20,000 per borrower. Ultimately, the courts will determine the legality of these relief efforts â underscoring the limits of the secretary of education's power.
Attempts to Dismantle the Department
The idea of eliminating the Department of Education has resurfaced periodically. In March 2025, President Trump signed an executive order aimed at dismantling the Department. The executive order, titled "Improving Education Outcomes by Empowering Parents, States, and Communities," was written to shift education authority to the states and close the DOE beyond its "core necessities" of distributing Title I funding for low-income schools, money for special education, and Pell grants.
This action was met with legal challenges. A lawsuit filed by several education groups claimed that the Trump executive order hindered the department's ability to fulfill its mandated responsibilities, which include providing financial aid, supporting special education, and protecting civil rights. In May 2025, a District Judge blocked the Trump administration's plan.
The legal challenges highlight the complex process of dismantling a federal department, which typically requires an act of Congress. The Department of Education was created in a 1979 law called the Department of Education Reorganization Act. Repealing this law would require a majority vote in both the House and the Senate, which currently requires 60 votes.
Potential Consequences of Eliminating the Department
The consequences of eliminating the Department of Education are a subject of debate. Some argue that it would lead to greater state and local control over education, allowing for more tailored approaches to meet the specific needs of communities. Others fear that it would undermine efforts to ensure equal access to education and could disproportionately harm disadvantaged students.
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If the Department's core activities were shifted to other places in the federal bureaucracy, schools, states and higher ed institutions might not even notice the difference, much less struggle to continue to operate. However, more sweeping proposals, such as those outlined in Project 2025, could have a more dramatic impact. Project 2025 did propose eliminating many of the laws that the department is currently charged with implementing. So for example, it proposed gradually over a 10-year period phasing out what's known as Title One of the Elementary and Secondary Education Act. That's that funding for economically disadvantaged students.
The impact would depend on how states responded to the change.I think it would depend a lot on how states responded to the change.The extent to which states were willing to step up and replace that funding. That would also, if you eliminate those major federal funding streams, give the department less room to place rules on the use of federal funds and even more to place rules on what other policies need to be in place. So for example, right now the Elementary and Secondary Education Act requires that all states in order to receive funds under Title One, have to have pretty extensive systems of test-based accountability in place. This happened first with the No Child Left Behind Act in 2001. It was reauthorized and modified a bit with the Every Student Succeeds Act in 2015. If you no longer have those federal funds to attach conditions to, then the federal government wouldn't have the power or the authority to put those types of requirements in place. So one thing if you went in a more sweeping direction in eliminating the department and also eliminating some of the funding streams is that it would give states and school districts more autonomy in their policymaking.
The Secretary of Education in the Broader Political Landscape
The Secretary of Education operates within a complex political landscape, navigating competing interests and ideologies. The role has been held by individuals with diverse backgrounds and perspectives, each leaving their mark on education policy.
- William Bennett: Served as Secretary of Education during the Reagan administration and became a prominent conservative voice, advocating for "virtue-based education."
- Margaret Spellings: Served during the George W. Bush administration and championed standards-based education with an emphasis on accountability.
- Arne Duncan: Served during the Obama administration and implemented the Race to the Top program, encouraging competition among states for federal funding.
- Betsy DeVos: Served during Trump's first administration and was one of the most polarizing education secretaries in the department's history.
The appointment of the Secretary of Education is often a politically charged process, reflecting the broader debates about the role of the federal government in education.
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