Education's Lasting Legacy

Democracy cannot succeed unless those who express their choice are prepared to choose wisely. The real safeguard of democracy, therefore, is education.

Franklin D. Roosevelt

The Museum of Teaching and Learning is dedicated to “educating people about education” because education is the foundation upon which democracy is built.  Although education is so important, there is not a single mention of education in the U.S. Constitution. The establishment of education is one of the powers reserved to the states under the Tenth Amendment.6 Over the years, the Supreme Court has affirmed that education is not a constitutionally protected right. It is unfortunate that our forefathers and drafters of the Constitution did not address this issue. Despite this omission, Congress has passed legislation over the years to support education and provide enforcement of individual civil rights with respect to “equal protection under the law.”  The current president and his administration are committed to dismantling the Department of Education, distributing its functions to other departments, and returning ALL financial obligations to the states.  Since states are not equally wealthy, it is to be expected that funding of education will no longer b equalized by federal contributions and oversight for educational standards will no longer be available.  Inequality in education will erode the public’s ability to participate effectively in the processes of democracy.  Although the Department of Education is not perfect, it has been very important part for nearly 50 years. The following paper presents information about the Department of Education and how it has benefitted millions of Americans and contributed to our democratic society since its inception in 1979.

Next in importance to freedom and justice is popular education, without which neither freedom nor justice can be permanently maintained. 

James A. Garfield

The US Department of Education was established in 1979 by an act of Congress to:
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(1)    Strengthen the Federal commitment to ensuring access to equal educational opportunity for every individual;
(2)    Supplement and complement the efforts of States, the local school systems and other instrumentalities of the States, the private sector, public and private educational institutions, public and private nonprofit educational research institutions, community-based organizations, parents, and students to improve the quality of education;
(3)   Encourage the increased involvement of the public, parents, and students in Federal education programs;
(4)   Promote improvements in the quality and usefulness of education through federally supported research, evaluation, and sharing of information;
(5)   Improve the coordination of Federal education programs;
(6)   Improve the management and efficiency of Federal education activities, especially with respect to the process, procedures, and administrative structures for the dispersal of Federal funds, as well as the reduction of unnecessary and duplicative burdens and constraints, including unnecessary paperwork, on the recipients of Federal funds; and
(7)   Increase the accountability of Federal education programs to the President, the Congress, and the public.(Pub. L. 96–88, title I, § 102, Oct. 17, 1979, 93 Stat. 670.)
The law prohibits the USD Secretary or any department officer from directing, supervising, or controlling curriculum, programs of instruction, administration, or personnel, including librarians, in any educational institution, school system, or accrediting agency.1

Over time federal laws governing education were designed to ensure that all students have access to a quality education, civil rights protection, and secure privacy:

Every Student Succeeds Act (ESSA) 2015

• Accountability and Standards
• State Flexibility
• Protection for Disadvantaged Students

Individuals with Disabilities Education Act (IDEA)  2004

• Free Appropriate Public Education (FAPE)
• Individualized Education Plans (IEPs)
• Least Restrictive Environment (LRE)

Family Educational Rights and Privacy Act (FERPA) 1974

• Access to Records
• Amendment of Records
• Disclosure of Information2

​The US Department of Education has played a “crucial role in school funding, primarily providing about 8% of total funding for public schools, with significant contributions through programs like Title 1 and IDEA.”3 The ED administers two programs to support college students: Pell Grants and the federal student loan program. Additional funding is available from other federal departments which support education, nutrition, health, workforce development, and other issues related to instruction, training, academic success, and civil rights.  In all but five states, local and state taxes pay the largest portion of cost associated with educational institutions.

The current head of the Executive Branch of U.S. government plans to “dismantle the agency.”5 Since he does not have the authority* to “eliminate” the Department of Education, he can, through executive order, disrupt the operations and funding of public schools, colleges, and universities thereby reducing the staffing, services, and resources necessary to provide high quality equal opportunity education to American students. The main influence and power of the ED lies in its mission to enforce civil rights laws, maintain nationwide educational standards, and provide students a source for affordable higher education expenses.

Since education – pre-elementary, elementary, high, and post-graduate (university/college) – “is the foundation upon which democracy is built” and sustained, it is important to support all levels of education at the local, country, state and national levels of government. Now is the time to let your legislators know how you feel about legislation pertaining to education issues. To find out who your legislators are and how to communicate with them, visit any or all of the following websites:
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Find Your Members in the U.S. Congress
Find Your Representative
Find and contact elected officials
Find Your Legislator

* The authority to fund, maintain, or change the U.S. Department of Education resides with the Congress. If education in their state matters, Representatives and Senators will fight to maintain a strong well-supported and funded Education Department.

Submitted by
Cheryl Stewart, MOTAL Board Member and Treasurer

1 20 U.S. Code § 3403 - Relationship with States | U.S. Code | US Law | LII / Legal Information Institute  Cornell Law School 7/15/25
2 What Are The Main Federal Laws Governing Education In The U.S.? — Amicus Curiae Foundation  Amicus Curiae Foundation 7/15/25
3 How are public schools funded? | USAFacts  USA Facts 7/15/25
4 How does the federal government support education? | USAFacts  USA Facts 7/15/25
5  Supreme Court gives Trump go-ahead to gut Department of Education  msn 7/15/25
​6 Education is still (for now) not a fundamental right under the U.S. Constitution - Kansas Policy Institute Kansas Policy Institute 7/17/25