Impacting Native Education: Share Your Thoughts on the 'Returning Education to Our States Act'

 

Overview of the Proposed Bill

The Returning Education to Our States Act proposes the abolishment of the U.S. Department of Education (DOE) within 180 days of its enactment and redistributes its responsibilities among several federal agencies. The bill also introduces block grants for education funding at the state level. Key provisions include:

 

Abolishment of the Department of Education

All programs and authorities under the DOE would be repealed, except for specific programs reassigned to other federal agencies.

Redistribution of Programs

The following programs would be transferred from the Department of Education to the agencies below:

  • Programs Transferred to the Department of the Interior

    • The Office of Indian Education (OIE), which oversees programs supporting Native American education.

  • Programs Transferred to the Department of Health and Human Services (HHS)

    • Individuals with Disabilities Education Act (IDEA).

    • Impact Aid, which provides funding to districts affected by federal land ownership, including tribal lands.

  • Programs Transferred to the Department of the Treasury

    • Federal Pell Grants and student loan programs under the Higher Education Act of 1965.

    • Education research and technical assistance programs.

  • Civil Rights Enforcement Transferred to the Department of Justice (DOJ)

    • Oversight for compliance with civil rights laws (e.g., Title IX, Title VI) currently managed by the DOE would be handled by DOJ.

Block Grants to
States

  • Education funding would be distributed to states in the form of block grants.

    • Elementary and Secondary Education Block Grant: Allocations would be based on the number of K-12 students enrolled in public, private, and home schools in each state.

    • Postsecondary Education Block Grant: Allocations would be determined by the number of students enrolled in postsecondary institutions in each state.

  • States would have flexibility in how they use these funds, with conditions requiring:

    • Submission of student data and annual audits.

    • Compliance with federal civil rights laws.

Authorization of Appropriations

The bill authorizes appropriations for the transfer and administration of programs but does not specify funding amounts or guarantees for future funding levels.

Implications for Native Education

  1. Transfer of the Office of Indian Education (OIE)

    • The OIE, which administers programs for Native students, would move to the Department of the Interior.

    • Potential for closer alignment with the Bureau of Indian Education (BIE), which already operates under Interior.

    • Concerns about whether funding levels, program oversight, and support for Native students would remain consistent.

  2. Impact Aid Program

    • This program, vital for districts on tribal lands, would transfer to HHS.

    • Possible challenges include adapting to a new administrative framework outside of education-focused agencies.

  3. State-Controlled Block Grants

    • States would receive federal education funds through block grants, with discretion over their use.

    • Potential risks include variability in state-level prioritization of Native education needs, especially in states with smaller Native student populations.

  4. Civil Rights Oversight

    • Shifting civil rights enforcement to the DOJ may lead to less specialized focus on education-specific equity issues, including those affecting Native students.

  5. Postsecondary Education

    • Transfer of Pell Grants and other student aid programs to the Department of the Treasury could create administrative adjustments affecting Native students pursuing higher education.

 

These changes could significantly impact Native students, educators, and communities. We need your input to understand how NIEA should respond to this proposed legislation.  Please share your thoughts on how these changes might affect Native education and what NIEA should prioritize in its advocacy efforts.

Please submit comments by December 6, 2024, 5:00 PM EST.