On November 18, Secretary of Education Linda McMahon announced six interagency agreements (IAAs) with four agencies to “break up the federal education bureaucracy, ensure efficient delivery of funded programs, activities, and move closer to fulfilling the President’s promise to return education to the states.” The IAAs shift programs under the Elementary and Secondary Education Act (ESEA) to either the Department of Labor or Interior (for all Indian education programs). Programs authorized under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 were not included. The ESEA shift includes the administration and oversight of all ESEA funds and programs, including Titles I-IV, the Charter School Program, Statewide Family Engagement Centers, and others. When asked about the data backing both the lawfulness and strategy, the Secretary stated the IAAs are “proof of concepts.” The response from some Republicans was not positive, as Rep. Brian Fitzpatrick (R-PA) said that Congress created the Department “for very good reason,” and he “will not allow” any alteration…without transparency from Congress. [W]e cannot allow any action that weakens the safeguards, services, or opportunities that families across this country depend on.” Republican Senator Lisa Murkowski (R-AK), a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee noted that the administration’s actions are a way “to circumvent the law…simply because there are not sufficient votes in Congress to eliminate the Department.” Yet, Chairman Tim Walberg (R-MI) of the House Education and Workforce Committee praised the move. Senate Democrats, including Appropriations Vice Chair Patty Murry (D-WA), Senator Elizabeth Warren (D-MA), Senator Tim Kaine (D-VA), and others spoke out against the IAAs. With few details available, big questions remain about the IAA-related actions, including the timing and staffing of the moves. Additionally, the Department’s timing will complicate negotiations on the Fiscal Year 2026 appropriations bills given the Senate’s bipartisan language in the Labor, Health and Human Services, Education and Related Services (Labor-H) protects both ESEA and IDEA programs from being transferred out or obligated to another agency. The House bill has no such language. 

COPAA and 60 civil rights allies signed a statement alerting Congress that the Department has exceeded its legal authority in the use of IAAs to move ESEA. We also continue to call upon Congress to conduct oversight hearings regarding these unlawful actions.JOIN with us and send an email to your Senators and Representative.