General Ed: Trump Administration Transfers Responsibility to Other Agencies

On Nov. 18, the U.S. Department of Education (ED) announced six new interagency agreements (IAAs) with the departments of Labor (DOL), Interior (DOI), Health and Human Services (HHS) and State. These agreements reflect the Trump administration’s intent to dismantle ED by shifting the department’s responsibilities to alternative agencies with relevant expertise, as part of its broader effort to streamline federal education functions and return education to the states.

These partnerships represent the next step in implementing President Trump’s March Executive Order on Improving Education Outcomes by Empowering Parents, States, and Communities, and follow the announcement of a similar workforce development partnership with DOL earlier this year. Under these IAAs, ED will retain its statutory responsibilities and oversight while collaborating with partner agencies on newly assigned functions. The partnerships are established under the IAA framework authorized by the Economy Act (31 U.S.C. § 1535). ED noted these changes are not expected to disrupt programs at the state or grantee level, nor will they affect eligibility for agencies, entities or institutions.

Once completed, these changes will alter the oversight and execution of federal education programs, resulting in impacts across the education sector. Industry members should expect to collaborate with new agencies and personnel in support of any programs they utilize. There could be a transitory period as the relevant executive offices build their knowledge of the directives they will oversee, as well as possible changes in program administration.

Departments of Education and Labor: Postsecondary Education Partnership

Under this partnership, DOL will take on an expanded role in administering the following higher education programs, currently managed by ED’s Office of Postsecondary Education (OPE) and funded under the Higher Education Act (HEA), in an effort to better coordinate education and workforce development programs. DOL will manage grant funds, provide technical assistance and integrate the programs with those it already administers. ED will maintain all statutory responsibilities and will continue its oversight of these programs.

• TRIO
  • Upward Bound
  • Upward Bound Math and Science
  • Veterans Upward Bound
  • Talent Search
  • McNair Scholars Program
  • Student Support Services Program
  • Educational Opportunity Centers
  • Training Program for Federal TRIO Programs
• Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP)
• Graduate Assistance in Areas of National Need (GAANN)
• Augustus F. Hawkins Center of Excellence
• Title III Part A Strengthening Institutions Program
• Title III Part B Strengthening Historically Black Colleges and Universities Program
• Master’s Degree Programs at Historically Black Colleges and Universities Program
• Strengthening Historically Black Graduate Institutions (HBGI)
• Howard University
• Higher Education Emergency Relief Fund
• Transition and Postsecondary Programs for Students with Intellectual Disabilities (TPSID)
• Transition Programs for Students with Intellectual Disabilities Coordinating Center (TPSID-CC)
• Fund for the Improvement of Postsecondary Education (FIPSE)
• Higher Education Congressionally Funded Community Projects Program

Additionally, DOL will administer two Office of Elementary and Secondary Education (OESE) programs: the High School Equivalency Program (HEP) and the College Assistance Migrant Program (CAMP).

Impact

This partnership aims to integrate existing ED and DOL programs, streamlining the administration of postsecondary education initiatives and workforce development programs to enhance career success and meet labor market demands.

Departments of Education and Labor: Elementary and Secondary Education Partnership

Under this partnership, DOL will assume an expanded role in administering the below elementary and secondary education programs, currently managed by OESE and funded under the Elementary and Secondary Education Act. ED and DOL will identify efficiencies and opportunities to improve the programs, working to ensure better alignment with workforce and college programs. DOL will manage competitions, provide technical assistance and integrate ED’s programs with its existing employment and training programs, while ED will maintain all statutory responsibilities and continue program oversight.

• Title I, Part A: Improving Basic Programs Operated by Local Educational Agencies
• Title I, Part B: Improving Academic Achievement of the Disadvantaged—State Assessment Grants
• Title I, Part C: Education of Migratory Children
• Title I, Part D: Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent or At-Risk
• Title II, Part A: Supporting Effective Instruction State Grants
• Title III, Part A: English Language Acquisition State Grants
• Title IV, Part A, Student Support and Academic Enrichment (SSAE)
• Title IV, Part B 21st Century Community Learning Centers
• Title V Small, Rural School Achievement and Rural and Low-Income School Programs
• Impact Aid
• Education for Homeless Children and Youths
• Republic of Palau Grant
• Consolidated Grants to the Insular Areas

The agreement also includes the following competitive grant programs:

• Comprehensive Literacy State Development
• Innovative Approaches to Literacy
• Supporting Effective Educator Development
• Charter Schools Program
• Assistance for Arts Education
• Washington, D.C., Scholarships for Opportunity and Results (SOAR) Act
• Ready to Learn Programming
• Teacher and School Leader Incentive
• Teacher Quality Partnership Grant
• American History and Civics
• Statewide Family Engagement Centers
• Promise Neighborhoods
• Magnet Schools Assistance Program
• Full-Service Community Schools

Impact

States will continue to receive all Title formula funds, though they will now flow directly from DOL. This partnership is designed to better integrate existing education and workforce systems, with the goals of empowering parents and states, promoting innovation and delivering process improvements, and consequently, enhancing educational achievement and improving employment rates and postsecondary attainment.

Departments of Education and Interior: Indian Education Partnership

Under this partnership, DOI will take on an expanded role in administering the hereunder Indian Education programs by streamlining policies and programmatic requirements, improving processes and aligning federal Native education programs. DOI will oversee program competitions, deliver technical assistance and align these initiatives with those it already administers. ED will maintain all statutory responsibilities, including policymaking authority, and will continue program oversight.

• OESE:
  • Indian Education Grants to Local Education Agencies (LEA)
  • Special Programs for Indian Children – Indian Education Professional Development Grant Program (PD)
  • Special Programs for Indian Children – Demonstration Grants (DEMO)
  • State Tribal Education Partnership Program (STEP)
  • Native American and Alaska Native Language Program (NALED)
  • Native American Language Resource Center Program (NALRC)
  • Alaska Native Education Program (ANEP)
  • Native Hawaiian Education Program (NHEP) and the Native Hawaiian Education Council
  • Native American and Alaska Native Children in School (NAM) Program
• OPE:
  • American Indian Tribally Controlled Colleges and Universities
  • Indian Education-related Research and Development Infrastructure Grant program components
• Office of Career, Technical, and Adult Education (OCTAE):
  • Tribally Controlled Postsecondary Career and Technical Institutions Program
• Office of Special Education and Rehabilitative Services (OSERS):
  • American Indian Vocational Rehabilitation Services Program
  • Continued support for IDEA Part D funding for Tribally controlled colleges and universities (TCCUs)

Impact

This partnership aims to enhance outcomes for Native education program beneficiaries by reducing administrative burdens on tribal nations, streamlining compliance requirements, improving program delivery and aligning services more closely with the needs of students. ED will collaborate with DOI to ensure current and future grantees receive robust support for current and future grant rounds for the impacted programs.

Departments of Education and Health and Human Services: Medical Accreditation Partnership

Under this partnership, HHS will assume responsibility for managing the National Committee on Foreign Medical Education and Accreditation (NCFMEA), a function previously supported by accreditation specialists within OPE. Established under the HEA, NCFMEA evaluates whether the accreditation standards of foreign medical schools are comparable to those of U.S. medical schools—a requirement for American students to qualify for federal student loans when enrolling in medical schools abroad. HHS will bring medical education subject matter expertise to this role, assess the comparability of foreign accreditation standards and coordinate NCFMEA’s biannual meetings, while ED will provide policy and legal oversight.

Impact

This partnership aims to improve oversight of foreign medical schools attended by American students through a more coordinated approach, ensuring consistent accreditation standards.

Departments of Education and Health and Human Services: Child Care Access Means Parents in School Partnership

Under this partnership, HHS will take an expanded role in administering the Child Care Access Means Parents in School (CCAMPIS) program, which provides child care support grants to colleges and universities for low-income parents enrolled in college. Currently managed by OPE, HHS will oversee grant competitions, deliver technical assistance and integrate CCAMPIS with its existing child care programs. The partnership is set to streamline policies and programmatic requirements and establish process improvements by better leveraging the expertise and resources of HHS’s Administration for Children and Families (ACF), lessening the administrative burden on states by reducing reporting requirements between federal agencies that run programs that serve similar populations.

Impact

This partnership is designed to improve coordination in the federal child care support system by leveraging HHS’s experience with child care programs, such as Head Start. While the administration continues to recommend eliminating CCAMPIS, ED notes that if Congress maintains funding, HHS is best positioned to administer the program.

Departments of Education and State: International Education and Foreign Language Studies Partnership

Under this partnership, State will take an expanded role in administering the below International and Foreign Language Education (IFLE) Fulbright-Hays grant programs. State will manage competitions, provide technical assistance and integrate these programs with State’s existing international education programs, including the Fulbright Program.

• American Overseas Research Centers (AORC)
• Business and International Education (BIE) Program
• Centers for International Business Education (CIBE)
• Foreign Language and Area Studies (FLAS) Fellowships
• International Research and Studies (IRS) Program
• Language Resource Centers (LRC) Program
• National Resource Centers (NRC) Program
• Undergraduate International Studies and Foreign Language (UISFL) Program
• Fulbright-Hays Doctoral Dissertation Research Abroad (DDRA) Fellowships
• Fulbright-Hays Faculty Research Abroad (FRA) Fellowships
• Fulbright-Hays Group Projects Abroad (GPA) Program
• Fulbright-Hays Seminars Abroad Program

Impact

This partnership is intended to restructure and consolidate all foreign education programs under State, streamlining policies and programmatic requirements, improving processes and connecting ED programs with those under State to ensure coordination. While the administration continues to recommend eliminating several of these programs, ED notes that if Congress maintains funding, State is best positioned to administer them.

Functions Remaining in the Purview of the Department of Education

Although these partnerships shift the program administration and grant delivery to partner agencies, ED will retain several core functions—many programs under the department’s purview are congressionally mandated. Certain critical functions will remain at ED until Congress enacts laws formally eliminating or transferring them to other federal agencies.

• Statutory Oversight: ED will continue to hold statutory and policy oversight responsibilities for all programs transferred under these IAAs. This means ED will ensure compliance with laws passed by Congress and monitor partner agencies’ administration of federal programs, upholding accountability and legal standards.
• Loans and Grants: The ED will remain responsible for managing federal student loans, Pell Grants and other congressionally mandated financial aid programs that require centralized federal oversight and infrastructure.
• Civil Rights Enforcement: Certain civil rights functions (e.g., ensuring compliance with Title VI, Title IX, Section 504) will continue to be managed by ED as some mandates are not transferable except by congressional action.
• Special Education: The Individuals with Disabilities Education Act (IDEA) and other key statutory obligations must remain within ED unless Congress expressly transfers those functions.

Next Steps

ED’s interagency agreements signify the continued Trump administration efforts to reduce departmental functions, while creating new points of engagement across multiple agencies. They represent potential challenges and opportunities for those education, workforce, health and international sectors. Stakeholders will need to be prepared to navigate evolving program structures, funding streams and compliance requirements.

While these moves do not shutter ED, a long-stated goal of the Trump administration, the partnerships do reduce the responsibilities of the agency. Trump administration officials believe that sharing program oversight and administration will provide a proof that the department is no longer necessary, and drive congressional action to eliminate ED. Unions representing the heavily-reduced number of ED employees have denounced the actions, and critics in Congress, including Rep. Brian Fitzpatrick (R-PA), raise questions about how Capitol Hill might react.

Our team will continue monitoring these transitions and stands ready to help clients anticipate impacts, identify strategic opportunities and build relationships with the newly empowered agencies, especially since timelines on when responsibilities will be transferred have not been finalized. If your organization seeks to position itself effectively during this realignment, we can provide the insight and advocacy needed to ensure your interests are represented.

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THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING THE DEPARTMENT OF EDUCATIONS NEW IAAS. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.