Congressional Democrats are considering using spending legislation to challenge the Trump administration’s reassignment of some Education Department functions after winning control of both chambers in the midterms. Their majorities take office in January, and any funding restrictions they seek would still have to clear Congress and become law.
What the administration changed
In June, the Education Department announced four interagency agreements. They included a partnership with Health and Human Services on special education and rehabilitative services and agreements with the Justice Department covering civil rights enforcement, student privacy, and training and advisory services.
The department says the partnerships can reduce bureaucracy and draw on expertise elsewhere in the government. The special education agreement describes how the agencies will work together and affirms their obligation to protect the rights of students with disabilities and their families.
What lawmakers can do
The Associated Press reported Monday that some Democrats want spending language directing the administration to reverse the changes. The proposals concern who administers federal programs and handles enforcement. They would require legislative action before taking effect.
The outgoing Congress has a Dec. 11 federal funding deadline. The immediate question is whether lawmakers put any education conditions into a spending bill or leave the issue for the incoming Congress.