Section 3 · The General Welfare
11 Department of Education
Lindsey M. Burke, who wrote this chapter, holds a post in the part of government it covers: Deputy Chief of Staff for Policy and Programs, Department of Education. Since Jun 6, 2025.
- 7 done
- 27 partially done
- 35 attempted
- 48 not started
- 2 already true
What has happened
The Mandate said
“Commence a new agency rulemaking process to rescind the current Administration's Title IX regulations; restore the Title IX regulations promulgated by then-Secretary Betsy DeVos on May 19, 2020; and define “sex” under Title IX to mean only biological sex recognized at birth.”
What happened
Partially done
The Department published a final rule, "Recodification of Title IX Rules" (91 FR 61308), "to repeal the U.S. Department of Education's (Department) 2024 final rule amending the Title IX regulations and restoring the regulatory text that existed prior to the 2024 rulemaking". It gives as its reason that the 2024 rule "has been vacated and is not enforceable nationwide". The text that existed before the 2024 rule is the 2020 DeVos rule. So two of the Quote's three objects are now delivered by a rule: the 2024 regulations are repealed from the Code of Federal Regulations, and the 2020 text is restored. The third is not. Restoring the pre-2024 text does not "define 'sex' under Title IX to mean only biological sex recognized at birth", because the 2020 rule carries no such definition. The full text, read 2026-10-01, confirms it: the restored section 106.2 defines no "sex". The second Quote's day-one notice-and-comment did not happen either. The rule issued without notice and comment under 5 U.S.C. 553(a)(2), with good cause as an alternative, and took effect on publication.
The Mandate said
“To the extent that federal taxpayer dollars are used to fund education programs, those funds should be block-granted to states without strings, eliminating the need for many federal and state bureaucrats.”
What happened
Attempted
Approving Arizona, Nevada and South Carolina brought Ed-Flex authority to 25 states. Under the Education Flexibility Partnership Act, an Ed-Flex state education agency may waive federal statutory and regulatory requirements for its districts without ED review — for example releasing districts from Title IV-A spending caps. This is an existing waiver authority used at scale, not a block grant enacted by Congress.
The Mandate said
“Federal lawmakers should move IDEA oversight and implementation to the U.S. Department of Health and Human Services.”
What happened
Attempted
Congress moved the other way: S. 5038, the "Special Education Administration Protection Act", was introduced on 2026-07-21 and referred to the Senate HELP Committee, as was S. 5046, which would prohibit transferring ED offices and functions to other agencies — reported to the Senate calendar on 2026-08-04.
The Mandate said
“Consolidate all federal loan programs into one new program that a) utilizes income-driven repayment, b) includes no interest rate subsidies or loan forgiveness, c) includes annual and aggregate limits on borrowing, and d) includes skin in the game to hold colleges accountable.”
What happened
Partially done
The earnings-accountability half of the statute took regulatory form: the Department published final rules establishing the Student Tuition and Transparency System and the low-earnings eligibility test for institutions.
The Mandate said
“Federal education policy should be limited and, ultimately, the federal Department of Education should be eliminated.”
What happened
Attempted
Four more interagency agreements — HHS on special education and rehabilitative services, DOJ on civil rights enforcement, student privacy and training and advisory services — brought the count to 14 partnerships in a year. The Department states it "will retain all statutory authorities and functions"; as of August 2026 it still exists, issues rules and announces grant competitions. The Department has been hollowed out — roughly half its staff gone and most program administration contracted out to other agencies — but nothing has been eliminated: only Congress can abolish the Department, and no closing bill has passed either chamber.
Still to come
Executive action 16
- Printed page 356 Clarify 'regular and substantive interaction' by regulation Notable Not started
- Printed page 356 Direct 40 percent of Title VI funds to international business programs Notable Not started
- Printed page 357 Require First Amendment assurances on federal grant applications Notable Not started
- Printed page 330 Let staff of closing ED offices transfer to other agencies Minor Not started
- Printed page 336 Have OSERS send state leaders a research digest on disproportionality Minor Not started
- Printed page 338 Publish student achievement data by family structure Minor Not started
- Printed page 338 House higher education data at the Department of Labor Minor Not started
- Printed page 344 Require agencies to meet strict scrutiny in rules touching parental rights Minor Not started
- Printed page 357 Require notice and comment for the OCR Case Processing Manual Minor Not started
- Printed page 357 Remove the archived Title IX religious exemption 'list of shame' Minor Not started
- Printed page 358 Issue an executive order expanding allowable D.C. OSP accreditors Minor Not started
- Printed page 358 Order a review of GEAR UP and 21st Century grant outcomes Minor Not started
- Printed page 359 Reissue the 2018 school safety report with updated information Minor Not started
- Printed page 359 Report on the influence of action civics on students Minor Not started
- Printed page 359 Update the Coleman report on family structure and achievement Minor Not started
Needs Congress 32
- Printed page 323 Expire national emergency declarations after 60 days absent Congress Major Not started
- Printed page 325 Transfer Title I, Part A to HHS as a no-strings block grant Major Not started
- Printed page 326 Return Title I revenue responsibility to states over 10 years Major Not started
- Printed page 326 Convert most IDEA funding into a no-strings block grant run by HHS Major Not started
- Printed page 330 Pass a Department of Education Reorganization Act Major Not started
- Printed page 333 Amend Title IX to add due process and define sex as biological Major Not started
- Printed page 344 Pass a federal Parents' Bill of Rights with strict scrutiny Major Not started
- Printed page 354 Terminate the Public Service Loan Forgiveness program Major Not started
- Printed page 326 Eliminate Impact Aid not tied to students Notable Not started
- Printed page 326 Expand the D.C. Opportunity Scholarship Program and move it to HHS Notable Not started
- Printed page 327 Move the National Center for Education Statistics to the Census Bureau Notable Not started
- Printed page 333 Bar funding or enforcement of Biden's Title IX regulations Notable Not started
- Printed page 340 Amend the HEA to eliminate the negotiated rulemaking requirement Notable Not started
- Printed page 342 Rescind the National Education Association's congressional charter Notable Not started
- Printed page 343 Add a compelled-speech prohibition to federal civil rights laws Notable Not started
All recommendations in this chapter
Every recommendation this chapter is the home of, in printed-page order.
- Printed page 319 Eliminate the federal Department of Education Needs Congress Attempted
- Printed page 320 Block-grant federal education funds to states without strings Needs Congress Attempted
- Printed page 323 Expire national emergency declarations after 60 days absent Congress Needs Congress Not started
- Printed page 325 Cut OESE programs and transfer the rest to other agencies Needs Congress Attempted
- Printed page 325 Transfer Title I, Part A to HHS as a no-strings block grant Needs Congress Not started
- Printed page 326 Return Title I revenue responsibility to states over 10 years Needs Congress Not started
- Printed page 326 Eliminate Impact Aid not tied to students Needs Congress Not started
- Printed page 326 Move student-driven Impact Aid to DoDEA or Bureau of Indian Education Needs Congress Not started
- Printed page 326 Transfer all Indian education programs to the Bureau of Indian Education Needs Congress Attempted
- Printed page 326 Expand the D.C. Opportunity Scholarship Program and move it to HHS Needs Congress Not started
- Printed page 326 Block-grant or eliminate all other OESE programs Needs Congress Attempted
- Printed page 326 Transfer Career, Technical, and Adult Education programs to Labor Needs Congress Attempted
- Printed page 326 Move Tribally Controlled Postsecondary CTE Program to Indian Education Needs Congress Attempted
- Printed page 326 Convert most IDEA funding into a no-strings block grant run by HHS Needs Congress Not started
- Printed page 327 Transfer Native American Vocational Rehabilitation Grants to BIE Needs Congress Attempted
- Printed page 327 Phase out earmarks for special institutions under OSERS Needs Congress Not started
- Printed page 327 Move OSERS disability discrimination enforcement to DOJ Needs Congress Attempted
- Printed page 327 Eliminate or move Office of Postsecondary Education programs to Labor Needs Congress Attempted
- Printed page 327 Block-grant institutional funding, narrowed to HBCUs and tribal colleges Needs Congress Attempted
- Printed page 327 Move national-security-related education programs to the State Department Needs Congress Attempted
- Printed page 327 Move the National Center for Education Statistics to the Census Bureau Needs Congress Not started
- Printed page 327 Spin off Federal Student Aid into a new government corporation Needs Congress Attempted
- Printed page 330 Pass a Department of Education Reorganization Act Needs Congress Not started
- Printed page 330 Assign federal student loans to the Treasury Department Needs Congress Attempted
- Printed page 330 Move the Office for Civil Rights to DOJ, enforcing only via litigation Needs Congress Attempted
- Printed page 330 Let staff of closing ED offices transfer to other agencies Not started
- Printed page 331 Review Biden-era education regulations, school meals, and IDR rules Partially done
- Printed page 331 Rescind the new Charter School Program grant requirements Partially done
- Printed page 332 Rescind the 'nonbinary' category in the Civil Rights Data Collection Done
- Printed page 332 Rescind the borrower defense, closed school, and PSLF regulations Attempted
- Printed page 332 Rescind Dear Colleague Letters GEN 22-11 and GEN 22-10 Partially done
- Printed page 333 Bar funding or enforcement of Biden's Title IX regulations Needs Congress Not started
- Printed page 333 Rescind Biden Title IX rules and restore the 2020 DeVos regulations Day one Partially done
- Printed page 333 Amend Title IX to add due process and define sex as biological Needs Congress Not started
- Printed page 333 Restore due process protections for those accused under Title IX Done
- Printed page 334 Abandon the SOGI redefinition of 'sex' across all departments Partially done
- Printed page 334 Review all Title IX investigations premised on gender identity Partially done
- Printed page 334 Drop ongoing Title IX gender identity investigations and notify districts Partially done
- Printed page 334 Have OCR report its actions and publicize prior overreach Partially done
- Printed page 334 State that FERPA gives parents full access to education records Done
- Printed page 335 Review all Title VI cases for disparate impact allegations Attempted
- Printed page 335 Review all OCR resolution agreements with school districts Partially done
- Printed page 335 Issue joint ED-DOJ guidance ending disparate-impact Title VI cases Partially done
- Printed page 335 Rescind any Biden guidance or regulation on school discipline Partially done
- Printed page 335 Issue a rule stating Title VI has no disparate impact standard Done
- Printed page 336 Rescind the Equity in IDEA regulation Attempted
- Printed page 336 Have OSERS send state leaders a research digest on disproportionality Not started
- Printed page 337 Bar USDA from withholding funds over SOGI in Title IX administration Attempted
- Printed page 337 Phase out all existing income-driven repayment plans Partially done
- Printed page 338 Publish student achievement data by family structure Not started
- Printed page 338 House higher education data at the Department of Labor Not started
- Printed page 340 Amend the HEA to eliminate the negotiated rulemaking requirement Needs Congress Not started
- Printed page 340 End the payment pause and HEA loan forgiveness abuses Partially done
- Printed page 340 Rescind or modify the prior Administration's HEA regulations Partially done
- Printed page 342 Rescind the National Education Association's congressional charter Needs Congress Not started
- Printed page 342 Hold hearings on NEA use of federal taxpayer money Needs Congress Not started
- Printed page 342 Ban compelled speech in federally controlled schools Partially done
- Printed page 343 Bar race-based punishment or benefits in federal K-12 systems Needs Congress Attempted
- Printed page 343 Add a compelled-speech prohibition to federal civil rights laws Needs Congress Not started
- Printed page 344 Pass a federal Parents' Bill of Rights with strict scrutiny Needs Congress Not started
- Printed page 344 Require agencies to meet strict scrutiny in rules touching parental rights Not started
- Printed page 345 Amend FERPA and PPRA to create a private right of action Needs Congress Not started
- Printed page 345 Prioritize the Empowering Parents Act and Parents' Bill of Rights Act Needs Congress Not started
- Printed page 346 Bar federal-jurisdiction schools from using non-birth-certificate names Needs Congress Attempted
- Printed page 346 Bar school staff from using pronouns not matching a student's sex Needs Congress Attempted
- Printed page 346 Protect employees from compelled pronoun use against their beliefs Needs Congress Not started
- Printed page 347 Open D.C. Opportunity Scholarships to all students and raise the award Needs Congress Not started
- Printed page 347 Deregulate the D.C. Opportunity Scholarship Program Needs Congress Not started
- Printed page 347 Give D.C. students education savings accounts Needs Congress Not started
- Printed page 348 Create education savings accounts for Bureau of Indian Education students Needs Congress Partially done
- Printed page 349 Move IDEA oversight and implementation to HHS Needs Congress Attempted
- Printed page 349 Revise IDEA to make each child's federal funds available to families Needs Congress Not started
- Printed page 349 Let families spend IDEA funds on tutors, therapies, and textbooks Needs Congress Not started
- Printed page 350 Update Title I of ESEA to make funds portable to families Needs Congress Attempted
- Printed page 350 Give Title I students micro-education savings accounts Needs Congress Not started
- Printed page 351 Enact the Educational Choice for Children Act scholarship tax credit Needs Congress Done
- Printed page 351 Let states opt out of federal K-12 programs under ESEA Needs Congress Attempted
- Printed page 352 Bar accreditors from mandating DEI policies Needs Congress Attempted
- Printed page 352 Bar accreditors from intruding on state institutions' governance Needs Congress Attempted
- Printed page 352 Bar accreditors from undermining faith-based institutions Needs Congress Attempted
- Printed page 353 End ED's monopoly by letting states recognize accreditors Needs Congress Not started
- Printed page 353 Amend the HEA to remove accreditors from the program triad Needs Congress Not started
- Printed page 353 Privatize all federal student lending programs Needs Congress Partially done
- Printed page 354 Switch federal loan accounting from FCRA to fair-value Needs Congress Not started
- Printed page 354 Consolidate all federal loan programs into one new program Needs Congress Partially done
- Printed page 354 Eliminate Grad PLUS and Parent PLUS loans Needs Congress Partially done
- Printed page 354 Terminate the Public Service Loan Forgiveness program Needs Congress Not started
- Printed page 354 Strip the Secretary's power to cancel or forgive Title IV loans Needs Congress Partially done
- Printed page 354 Limit borrower defense discharges to proven institutional fraud Needs Congress Partially done
- Printed page 355 Cap the indirect cost rate paid to universities Needs Congress Attempted
- Printed page 355 Refuse recognition to accreditors that abuse their power Attempted
- Printed page 355 Encourage new accreditors to start up Partially done
- Printed page 355 Enforce HEA Section 117 foreign gift reporting Done
- Printed page 356 Investigate and refer Section 117 violators to DOJ Partially done
- Printed page 356 Tie foreign gift reporting to eligibility for federal aid Needs Congress Attempted
- Printed page 356 Clarify 'regular and substantive interaction' by regulation Not started
- Printed page 356 Wind down Title VI 'area studies' programs at universities Needs Congress Attempted
- Printed page 356 Direct 40 percent of Title VI funds to international business programs Not started
- Printed page 357 Require notice and comment for the OCR Case Processing Manual Not started
- Printed page 357 Require First Amendment assurances on federal grant applications Not started
- Printed page 357 End degree requirements for federal jobs that don't need them Not started
- Printed page 357 Remove the archived Title IX religious exemption 'list of shame' Not started
- Printed page 358 Make FERPA and PPRA complaint handling transparent Partially done
- Printed page 358 Build a parent portal on FERPA and PPRA rights Not started
- Printed page 358 Issue an executive order expanding allowable D.C. OSP accreditors Not started
- Printed page 358 Repeal the D.C. Opportunity Scholarship accreditation requirements Needs Congress Not started
- Printed page 358 Order an accounting of DEI/CRT/gender ideology in federal programs Done
- Printed page 358 Order a review of GEAR UP and 21st Century grant outcomes Not started
- Printed page 359 Reissue the 2018 school safety report with updated information Not started
- Printed page 359 Report to Congress on consolidating ED and trimming staff Partially done
- Printed page 359 Report on the influence of action civics on students Not started
- Printed page 359 Update the Coleman report on family structure and achievement Not started
- Printed page 359 Account fully for CARES Act education expenditures Partially done
- Printed page 359 Report how many federal education dollars reach the classroom Not started
- Printed page 359 Pursue antitrust action against college accreditors Partially done
- Printed page 360 Eliminate the Department of Education's competitive grant programs Needs Congress Attempted
- Printed page 361 Cut remaining ED formula grant programs by 10 percent Needs Congress Attempted
- Printed page 361 End time-based and occupation-based student loan forgiveness Needs Congress Not started
- Printed page 361 Eliminate GEAR UP Needs Congress Attempted
No recommendations in this tier.
Also cited in this chapter
Recommendations whose home is another chapter but which this chapter repeats.
- Chapter 2, printed page 49 Reinstate Executive Orders 13891 and 13892 on agency guidance documents Partially done
- Chapter 4, printed page 104 Create education savings accounts for military families Needs Congress Attempted
No recommendations in this tier.