How Does the Federal Dept. of Ed. Impact Education?

Since April is the time when we all hand over a bunch of money to the feds, it seems like a good time to check in on how they’re spending that money.

Earlier this month, the House Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing on the subject of school choice. The hearing did not contain new information—proponents of school choice vaguely advocated for more ways to increase access to non-public schools, while opponents argued that school choice drains resources away from public schools. But the hearing reestablished the fact that school choice is a hot topic in American politics.

And when it comes to education, many legislators are feeling the pressure to do something—but what, legally, can Congress do?

In terms of direct regulation, not much. The 10th Amendment to the Constitution, which enumerates the powers that belong to the federal government, does not mention education at all. This implies that all power related to education is reserved for the people and the states. The federal government cannot force one type of education on the whole country. Nor can it directly regulate or ban homeschooling, regardless of who is currently in power in Washington.

That means that the states and local governments create most education policies. From the founding of the US, all states have understood that they have an obligation to provide some kind of public education, and therefore have a provision in each of their constitutions along those lines. But at the same time, each state interprets the public-education mandate differently and therefore regulates education 50 different ways. Some have robust school-choice programs, others highly regulate their education options, and still others have no school-choice programs at all. Homeschooling families are well aware of the wide variety of homeschool laws across the country.

Their workaround

In lieu of any constitutionally granted power over education proper, the federal government influences education via funding (i.e., our tax dollars). The vast majority of education funds come from state governments and private organizations, with roughly 7% of funds coming from the federal level, acting as a fill-in for what states cannot provide. But that 7% comes with strings attached: schools and states can only receive those funds if they meet certain requirements or comply with certain policies. That’s how state-managed public schools and many private schools end up adopting federal-level policies.

This is where the congressional conversation about school choice comes in. Should the government be providing this funding at all? Since they are providing funds, what’s the best way to use them? Are there policies that don’t involve tax dollars that still promote school choice? (Spoiler alert: yes there are.)

These are the relevant questions that those of us in the private education arena must deal with. The federal government’s role in education may be minimal, but it uses funding in a persuasive and effective way. That’s why HSLDA Action is always working to keep homeschooling free from government’s regulatory strings.