Court Report

What's Happening at the Department of Education?

Joel Grewe

HSLDA Action Executive Director

I got a lot of questions about the Trump administration directives on education and their impact on homeschooling families as I spoke at homeschool capitol days across the country this year.

As you might expect, there is significant debate over what these directives will mean, and in full disclosure, I’m not sure anyone has a comprehensive understanding of the entire picture. The interconnectedness of federal and state governments makes measuring the impact difficult even in the most careful analysis.

In spite of that fog, the history of the relationship between the Department of Education and homeschooling is clear: They don’t directly interact with one another. Let me start with the history of the department—as a homeschooling father, I find it instructive to know what the department does and why it was made. Then I’ll unpack what the recent changes may mean.

Congress created the department in 1979 with a number of priorities that included supporting state and local education offerings and achieving better coordination within federal agencies. Another priority, at least on paper, was to make the process more efficient. Now, I’m left scratching my head trying to figure out how the solution to government efficiency at the federal level was to create an entirely new department, but that was the plan.

That aside, the goals of the Department of Education are the same today as they were in 1979, and they’re straightforward: increase public participation in federal education programs, ensure equal access, and improve the quality of education. The careful reader will notice that part of the department’s goal is to increase the use of government education offerings. So if it feels like the government is trying to get you to choose their education program, that’s because it is. By design, the Department of Education is not a neutral party when it comes to the education option you choose for your family.

I’ll leave it to you, dear reader, to decide for yourself if the US education system has improved since 1979. But our national report card, which has measured student academic achievement since 1971, presents less than impressive results.[1]

In the 46 years since it was created, the department has spent more than $3 trillion ($3,000,000,000,000.00), and reading scores for 13-year-olds have improved by just 1 point on a 500 point scale, or 0.2 percent.[2]

Math scores have improved by 5 points, or 1 percent. Both scores peaked in 2012, but even then the long-term improvement was only 1.6 percent for reading and 3.8 percent for math. And they’ve been declining ever since. Yippee.


As a result of these poor scores and a host of cultural issues, there has been much debate about the effectiveness of the department. That said, even the modest improvements in scores are often used as a sort of post hoc, ergo propter hoc fallacy to support the continued work of the Department of Education. That translates to “after this, therefore because of this.”

It’s a logical fallacy where someone argues that because something happened before another thing, the first thing caused it. It’s logical hogwash, but it’s often used to try and justify things. In this case, the argument is that the existence of the department and its funds, which make up between 7 and 23 percent of each state’s spending on education, are the reason for those marginal improvements.

Since the 1980s there have been a host of attempts to reform the Department of Education, and while change has been accomplished, significant improvements to the educational attainment of American children have not. The presidential administrations in 1983, 1988, 1992, 2000, and 2008 all worked to reform the department through a variety of initiatives.

You might remember A Nation at Risk, No Child Left Behind, Common Core, or the Every Student Succeeds Act—these are just some of the reforms that have been attempted to improve outcomes. Now we are seeing another effort to reform or even eliminate the Department of Education.

Thus far each of these reform attempts has been something homeschooling families watch with reasonable skepticism—broad spectrum changes in education law could be used by opponents of homeschooling to try and curtail our freedom. As a matter of good governance, nuanced and targeted legislation is usually a better way to make law, since it allows people to see what is specifically being proposed and how that will affect them, rather than leaving the details to unelected staffers and regulatory agencies.

The current approach to reform, however, is relatively new. Not since Reagan proposed eliminating the Department of Education has any serious change to the structure or existence of the department been attempted. Of course, serious disruption to the department creates a lot of uncertainty across the parts of society affected by it, which leads to the obvious question: What does this mean for homeschooling families?

There is a long and short answer to that. The short answer is: Nothing. The long answer is: It depends, but in terms of direct impact on homeschooling families, the answer is still nothing.

This is for two reasons. The first reason is that the Constitution protects parental rights in a broad sense. The second reason is that homeschooling, like the vast majority of education law, is within the power of the states, not the federal government.

Each state has slightly different laws under which homeschooling is governed, and those laws are not directly impacted by anything coming from Washington. Thus whether the Department of Education is shut down, limited, or remains the same, homeschooling is not directly affected by the change.

Of course, there is a caveat to this. If the department is changed, it’s possible that some states will take action. But we can’t determine what that would look like at this time.

HSLDA has seen a remarkable number of state-specific legislative actions over the past year. Some of them are helping to advance homeschool freedom, and some of them are putting homeschool freedom in peril. Through it all, our course remains the same. We must stay alert, watch proposed legislation, and engage our state lawmakers as needed.

Endnotes

Joel Grewe

HSLDA Action Executive Director

Joel started his life of advocacy in 6th grade, when he convinced his mother to homeschool him. He went on to work on Capitol Hill for Congressman J.C. Watts, then delved into the world of demographic research, and now serves as the executive director of HSLDA Action and Generation Joshua.

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