Dismantling the U.S. Department of Education and Restoring Education to the States

BACKGROUND

This resolution, intended for adoption in state legislatures, expresses support for dissolving the federal Department of Education (ED) and restoring educational authority where it belongs: with states, local communities, and ultimately parents. It endorses Secretary McMahon’s ongoing efforts to dismantle this bloated, inefficient federal agency and shift its few necessary functions to other agencies, as appropriate.

Since 1980, ED has proven a failed experiment. ED has not promoted student achievement, improved education for disadvantaged students, nor helped expand educational opportunity. Instead, ED has imposed numerous mandates that redirect precious resources away from classroom instruction. ED has used federal funding to coerce states into complying with controversial social policies that should be reserved to local decision-makers. It has become a common—and appropriate—accusation that the federal government provides 10% of the money but sets 90% of the strings.

This resolution reaffirms principles of federalism that eroded during decades of increased federal involvement in education. It recognizes that education is not a power delegated to the federal government under the Constitution and that it should therefore be the responsibility of state and local governments that are directly accountable to families and taxpayers. It commits the Legislature to developing a comprehensive plan for assuming devolved federal authority.

States adopting this resolution commit to improving student outcomes that have stagnated or worsened since ED’s founding. Through this resolution, states call for a devolution of power from the federal government, which will empower states to design innovative solutions that reflect the needs of their students.

WHEREAS, the United States Constitution establishes a federal system that reserves those powers not delegated to the federal government to the states and the people;

WHEREAS, education is not a power delegated to the federal government and has historically been governed by states and local communities accountable to families;

WHEREAS, the creation of the U.S. Department of Education expanded federal involvement in education significantly, while academic achievement stagnated or declined;

WHEREAS, national assessments and polling show troubling trends in student reading and math performance, as well as a lack of basic civic knowledge;

WHEREAS, decades of increased federal spending and regulation have not improved outcomes for students, but have imposed burdens on states and their schools;

WHEREAS, federal control has created administrative bloat and bureaucracy that diverts resources away from classrooms and students;

WHEREAS, states are the drivers of innovation in education, leading effective education reforms that expand choice and improve outcomes;

WHEREAS, governors, state legislators, and local officials are directly accountable to parents and taxpayers for their decisions regarding education, providing clearer responsibility and responsiveness than unelected federal bureaucrats;

WHEREAS, prioritizing the needs of students and families requires placing decision-making authority with those closest to the classroom;

WHEREAS, Secretary McMahon has initiated significant organizational restructuring by reducing ED’s workforce without adverse effects on educational services;

NOW, THEREFORE IT BE RESOLVED, that the State of [STATE] affirms its responsibility to lead on education in a manner consistent with the United States Constitution and the principles of federalism; and

BE IT FURTHER RESOLVED, that the State of [STATE] supports efforts to dismantle the U.S. Department of Education, returning authority over education back to the states; and

BE IT FURTHER RESOLVED, that the State of [STATE] encourages shifting core responsibilities of the federal Department of Education to other agencies, in both state and federal governments, that are better suited to execute them; and

BE IT FURTHER RESOLVED, that the State of [STATE] will seek every opportunity, in cooperation with other federal agencies, to regain fuller control of their K-12 schools; and

BE IT FURTHER RESOLVED, that the State of [STATE] establishes a TASK FORCE FOR EDUCATIONAL LEADERSHIP, composed of representatives from the LEGISLATURE, the GOVERNOR’S OFFICE, the STATE EDUCATION AGENCY, and the ATTORNEY GENERAL that is empowered to compel information from state agencies;

BE IT FURTHER RESOLVED, that the TASK FORCE FOR EDUCATIONAL LEADERSHIP shall, within 120 days of this resolution’s effective date, publish a COMPREHENSIVE PLAN to assume full responsibility for education programs currently administered by ED, including but not limited to Title funds, special education, and civil rights;

BE IT FURTHER RESOLVED, that the COMPREHENSIVE PLAN shall include, at a minimum:

• (a) Statutory changes required to assume administrative control over federal education programs;
• (b) Recommended waivers, transfers, or block grants to be requested from the federal government;
• (c) Identification of federal education mandates that the STATE intends to decline to administer because the STATE has determined the mandates are not statutorily required; and
• (d) One or more pieces of legislation suitable for immediate introduction.

BE IT FURTHER RESOLVED, that the COMPREHENSIVE PLAN shall rely, in part, on the INVENTORY and REVIEW discussed below;

BE IT FURTHER RESOLVED, that the State of [STATE] directs the [STATE EDUCATION AGENCY], within 60 days of this resolution’s effective date, to conduct an INVENTORY of all existing federal education programs and grants administered by the State, including the funding amounts, statutory authority, and reporting requirements, and to transmit the INVENTORY to the Legislature;

BE IT FURTHER RESOLVED, that the State of [STATE] directs the ATTORNEY GENERAL, within 60 days of this resolution’s effective date, to conduct a REVIEW of all state statutes and regulations that reference or incorporate federal education statutes or regulations;

BE IT FURTHER RESOLVED, that the Legislature shall, in accordance with the rules of each chamber, introduce one or more bills implementing the COMPREHENSIVE PLAN within 60 days after publication of the COMPREHENSIVE PLAN, or by the first day of the subsequent legislative session, whichever occurs first;

BE IT FURTHER RESOLVED, that if the Legislature fails to enact legislation implementing the COMPREHENSIVE PLAN within one year of its publication, the STATE EDUCATION AGENCY shall administratively implement recommendations of the COMPREHENSIVE PLAN that do not require statutory changes, to the extent permitted by law;

BE IT FURTHER RESOLVED, that the TASK FORCE FOR EDUCATIONAL LEADERSHIP may cooperate with other states to pursue joint waiver requests and coordinated negotiations with ED to accelerate the prompt and proper return of education authority to the states;

BE IT FURTHER RESOLVED, that the State of [STATE] pledges to produce a REPORT, no more than two years after this resolution’s effective date, using metrics specified in the COMPREHENSIVE PLAN to measure student outcomes, fiscal efficiency, and regulatory burdens, which will allow the public to compare outcomes under new state educational leadership relative to the prior period of federal education control;

BE IT FURTHER RESOLVED, that the TASK FORCE FOR EDUCATIONAL LEADERSHIP will dissolve no later than the day following publication of the PUBLIC REPORT;

BE IT FURTHER RESOLVED, that copies of this resolution will be transmitted to the President of the United States, the U.S. Secretary of Education, and members of [STATE]’s Congressional delegation.