What you need to know
In previous briefs, Everything Policy examined the financial consequences of eliminating the Department of Education (DOE). In this brief, we focus on the potential regulatory consequences of DOE’s role within local school districts, looking at what aspects of education the DOE controls.
- DOE’s control over local schools is primarily financial rather than operational.
- Officially, DOE cannot mandate curriculum, hire teachers, or run schools except in some special circumstances.
- DOE distributes billions of dollars in grant funding, and that funding comes with conditions that shape state and local education policies.
How does the DOE Influence local schools?
Most of the DOE’s authority comes from its power to allocate funding to states and local education agencies (LEAs). The Elementary and Secondary Education Act of 1965 (ESEA), as most recently amended by the Every Student Succeeds Act of 2015 (ESSA), authorizes a range of federal programs that deliver support to schools.
The first title of ESSA, Title I, is the shorthand used to describe a group of federal grants distributed by the DOE. Some of these programs are established by the ESSA, while others are established by other legislation. In nearly every case, these funds flow to states and LEAs with some conditions attached. For example, Title I funds cannot be used to support fine arts or athletic programs. DOE was given the authority to develop and impose these restrictions in the ESEA and subsequent bills like ESSA.
The major funding streams that can go directly to schools are:
Title I and Title II of ESSA. Title I grants support students and schools in high-poverty areas. Title I grants serve around 25 million students by providing supplemental funding to schools in communities with concentrated poverty. Districts can use these funds flexibly on afterschool programs, schoolwide reforms, or targeted instruction, but must align efforts with state academic standards and use evidence-based interventions. Smaller grant programs like the Preschool Incentive Demonstration Program fund preschools in Title I districts. Grants for 21st Century Community Learning Centers fund before-school, after-school, and summer programs that are intended to increase academic achievement and family engagement in Title I schools. Another provision of ESSA, Title II, provides funds to recruit, train, and retain teachers and principals, reduce class sizes, and promote educator diversity.
Special Education Grants under IDEA. The Individuals with Disabilities Education Act (IDEA) of 1975 entitles eligible students to a “free and appropriate public education.” IDEA funds are used to hire personnel, offer early intervention services, and conduct student evaluations.
English Language Acquisition Grants. These grants help states and districts establish classes for English learners, especially in areas with high immigration rates. Funds support language instruction, professional development, and integration with broader academic programs.
- Targeted Support for Underserved Student Populations. A number of DOE programs provide funding to districts serving students whose needs are shaped by federal jurisdiction or life circumstances beyond their control.
- Impact Aid reimburses school districts for lost local revenue when federal facilities such as military bases reduce property tax collections that support public schools.
- Indian Education Grants supplement state and local efforts to support Native students, addressing both academic and cultural needs through targeted programming.
- Neglected and Delinquent Youth Program funds education services for students in state-run institutions, community day programs, and correctional facilities, aiming to keep at-risk youth on a path to high school graduation.
Does DOE issue mandates?
As these descriptions indicate, federal education funding comes with the understanding that certain conditions will be met at the local level––requirements that recipient schools must satisfy to receive funds. For example, to receive English Language Acquisition Grants, states must receive DOE approval of their plans for new classes and professional education. These restrictions were established by DOE through the rulemaking process as directed by legislation enacted by Congress––for details on rulemaking, read our brief on Bureaucratic Authority.
While DOE cannot demand that schools follow certain rules about curriculum or hiring, it can make these rules part of the requirements for receiving federal education grants. In this way, DOE can influence local education decisions without making any formal mandates. Schools are free to ignore the DOE conditions, but only if they are willing to refuse the funding as well.
However, abolishing DOE would not necessarily eliminate these conditions on education grant funding – it would depend on what the new agency supervising the grants decided to do. In one scenario, DOE funds could be repackaged as block grants and given directly to states without any restrictions. But it is also possible that the new agency would impose the same or similar restrictions on grant funds or create new ones.
The Takeaway
DOE does not formally manage local schools, but it does influence decisions about hiring, curriculum, and other policies through conditions on grant funding.
DOE created these conditions through the rulemaking process, as authorized by Congress.
If the DOE disappeared, the federal or state agencies that inherited the programs and funding could establish their own requirements for grant recipients.
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Further reading
U.S. Department of Education. (2024). Fiscal Year 2025 Department of Education budget summary. Available at https://tinyurl.com/bddk7x98, accessed 7/9/25.
U.S. Department of Education. (2025). OESE letter to state chiefs: Title I, Part A guidance. Available at https://tinyurl.com/5cyee3ub, accessed 7/9/25.
National Association of Federally Impacted Schools. (n.d.). About Impact Aid. Available at https://tinyurl.com/ezyr9ubu, accessed 7/9/25.
Sources
U.S. Department of Education. (2023). Fiscal Year 2024 Department of Education budget summary. Available at https://tinyurl.com/ycmeu6bt, accessed 7/9/25.
U.S. Department of Education. (n.d.). Elementary and Secondary Education Act. Available at https://tinyurl.com/58exs34z, accessed 7/9/25.
U.S. Department of Education. (n.d.). Every Student Succeeds Act. Available at https://tinyurl.com/36wyrwkj, accessed 7/9/25.
National Center for Education Statistics. (n.d.). English language learners in public schools. Available at https://tinyurl.com/5n93dj2p, accessed 7/9/25.
U.S. Department of Education. (n.d.). Individuals with Disabilities Education Act. Available at https://tinyurl.com/mvedcza4, accessed 7/9/25.
Contributors
Lindsey Cormack (Content Lead) is an Associate Professor of Political Science at Stevens Institute of Technology and the Director of the Diplomacy Lab. She received her PhD from New York University. Her research explores congressional communication, civic education, and electoral systems. Lindsey is the creator of DCInbox, a comprehensive digital archive of Congress-to-constituent e-newsletters, and the author of How to Raise a Citizen (And Why It’s Up to You to Do It) and Congress and U.S. Veterans: From the GI Bill to the VA Crisis. Her work has been featured in The New York Times, The Washington Post, Bloomberg Businessweek, Big Think, and more. With a drive for connecting academic insights to real-world challenges, she collaborates with schools, communities, and parent groups to enhance civic participation and understanding.
William Bianco (Research Director) is Professor of Political Science at Indiana University and Founding Director of the Indiana Political Analytics Workshop. He received his PhD from the University of Rochester. His teaching focuses on first-year students and the Introduction to American Government class, emphasizing quantitative literacy. He is the co-author of American Politics Today, an introductory textbook published by W. W. Norton, now in its 8th edition, and authored a second textbook, American Politics: Strategy and Choice. His research program is on American politics, including Trust: Representatives and Constituents and numerous articles. He was also the PI or Co-PI for seven National Science Foundation grants and a current grant from the Russell Sage Foundation on the sources of inequalities in federal COVID assistance programs. His op-eds have been published in The Washington Post, Indianapolis Star, Newsday, and other venues.
