Updated January 23, 2019
A Summary of Federal Education Laws Administered by the
U.S. Department of Education
Federal Support for Education
Education Laws Administered by ED
In the United States, primary responsibility for establishing
The major laws authorizing the education programs that ED
policy and providing funding for elementary and secondary
administers are described below. Periodically, Congress
education rests with the states and instrumentalities therein.
considers modifying or reauthorizing these laws. It also
Federal financial support typically supplements state and
annually considers the appropriation of funds for education
local funding. Postsecondary education is financed
programs through the Departments of Labor, Health and
primarily through a mix of state appropriations, endowment
Human Services, and Education, and Related Agencies (L-
revenue, and payments of tuition and fees from students and
HHS-ED) appropriations act.
their families. Federal assistance supports students and
families who are responsible for making those payments.
Education Sciences Reform Act of 2002 (ESRA)
Efforts to gather statistics on the condition and progress of
The U.S. Department of Education (ED), established in
education date back to 1867 (P.L. 39-73), and a coordinated
1979 through the Department of Education Organization
national educational research and development effort began
Act (P.L. 96-88, as amended), is the federal agency with the
to take shape with the creation of the National Institute of
primary responsibility for administering federal elementary,
Education in 1974 (P.L. 93-380). The ESRA was enacted in
secondary, and postsecondary education programs. It
2002 (P.L. 107-279), and substantially revised federal
supports the general welfare of the United States by
research and statistics programs. It established the Institute
working to ensure equal access to educational opportunity;
of Education Sciences (IES) as an independent research arm
and it supplements the efforts of state, local, and private
of ED, consisting of four research centers.
entities in improving the quality of education. ED’s mission
is “to promote student achievement and preparation for
P.L. 107-279 also enacted two other laws. The Educational
global competitiveness by fostering educational excellence
Technical Assistance Act (ETAA, Title II of P.L. 107-279)
and ensuring equal access.”
authorizes the Secretary of Education to make grants to
states for statewide longitudinal data systems. The National
The majority of the federal programs, activities, and
Assessment of Educational Progress Authorization Act
benefits supportive of education at the elementary,
(NAEPAA, Title III of P.L. 107-279) authorizes national,
secondary, and postsecondary levels are authorized by only
state, and long-term assessments in reading and
a few major education laws. While federal education
mathematics. These are collectively referred to as the
programs, activities, and benefits have varied foci and
National Assessment of Educational Progress (NAEP).
address many different aims, broadly speaking, they
collectively provide for the following:
Authorizations of appropriations for ESRA, ETAA, and
NAEPAA programs and activities have expired; however,
Research and statistics on the progress and condition of
funding for them continues to be provided through annual
education and on the efficacy of programs and practices;
appropriations acts.
Supplemental grants supporting core services and programs
in elementary and secondary schools serving concentrations
Elementary and Secondary Education Act (ESEA)
of disadvantaged students;
The ESEA (P.L. 89-10, as amended) was enacted in 1965
and was last reauthorized in 2015 by the Every Student
Targeted grants supporting the creation, improvement,
Succeeds Act (ESSA; P.L. 114-95). Title I-A, the largest
and/or operation of programs targeting particular
ESEA program, provides compensatory grants to local
educational aims at all levels of education; and
educational agencies (LEAs) to fund educational and
Financial aid for postsecondary students, such as grants,
related services for low-achieving and other students who
loans, work-study assistance, and tax benefits to encourage
attend elementary and secondary schools with relatively
college access, persistence, and attainment.
high concentrations of students from low-income families.
Looked at more expansively, programs supportive of early
Receipt of Title I-A funds is conditioned upon acceptance
childhood care and education, child nutrition, school health
of certain educational accountability requirements (e.g.,
clinics, workforce development, and several other types of
standards and assessments) affecting broad aspects of
initiatives also may be considered federal education
public elementary and secondary education for all students.
programs. Numerous federal agencies administer federal
Other major ESEA programs provide grants to support rural
education programs, activities, and benefits. In addition to
schools; the education of migrant students; recruitment of
ED, these efforts are housed within the U.S. Department of
and professional development for teachers; instruction for
Health and Human Services, the U.S. Department of Labor,
English language learners; expansion of charter schools and
the Internal Revenue Service, and other agencies.
magnet schools; education services for Indian, Native
Hawaiian, and Alaska Native students; and Impact Aid to
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A Summary of Federal Education Laws Administered by the U.S. Department of Education
compensate LEAs for forgone tax revenue due to the
amended) is the primary federal law supporting CTE. It
presence of certain federal activities. Appropriations are
authorizes a state grant program to support CTE activities at
authorized to be provided for the ESEA through FY2020.
the secondary and postsecondary education levels. The
Adult Education and Family Literacy Act (AEFLA)
Perkins Act was reauthorized by the Strengthening Career
and Technical Education for the 21st Century Act (P.L. 115-
The AEFLA was enacted in 1998 as Title II of the
224) with changes effective July 1, 2019. Appropriations
Workforce Investment Act (WIA, P.L. 105-220) and was
are authorized for FY2019 through FY2024.
reauthorized in 2014 through the Workforce Innovation and
Opportunity Act (WIOA; P.L. 113-128). It is the primary
Higher Education Act of 1965 (HEA)
federal law supporting basic education for out-of-school
The HEA (P.L. 89-329, as amended) was enacted in 1965.
adults—commonly referred to as adult education. AEFLA
It was last comprehensively reauthorized by the Higher
programs mainly support educational services at the
Education Opportunity Act of 2008 (HEOA; P.L. 110-315)
secondary level and below and English language
and has since been amended by other laws. Title IV of the
instruction. Appropriations are authorized to be provided
HEA authorizes an array of federal student aid programs
for the AEFLA through FY2020.
that assist students and their families in financing
Individuals with Disabilities Education Act (IDEA)
postsecondary education expenses. The Federal Pell Grant
The federal government has provided support for the
program provides need-based grant aid to low-income
education of children with disabilities since the 1960s (P.L.
undergraduate students and is the largest single source of
89-750). In 1975, Congress enacted the IDEA (P.L. 91-230,
federal grant aid for postsecondary education. The William
as amended), which authorizes grant programs that support
D. Ford Federal Direct Loan program makes federally
early intervention and special education services for
funded loans available to students and their families. The
children with disabilities from birth to age 21. It was last
Federal Work-Study (FWS) program subsidizes part-time
reauthorized in 2004 (P.L. 108-446). Several conditions are
employment for students with financial need. The HEA also
attached to the receipt of grant funds, with the aim of
authorizes programs through which ED provides federal
providing certain educational and procedural guarantees for
support directly to institutions of higher education (IHEs).
students with disabilities and their families. These include
HEA programs are funded through a combination of
the provision of a free appropriate public education
discretionary and mandatory appropriations, with most
(FAPE), which is specially designed instruction provided at
funding provided for the Title IV federal student aid
no cost to parents to meet the needs of a school-age child
programs. The Direct Loan program is permanently
with a disability; and an accessible early intervention
authorized; however, the authorizations of appropriations
system, which is a statewide system to provide and
for many HEA programs have expired or are scheduled to
coordinate early intervention services for infants and
expire at the end of FY2019. Funding continues to be
toddlers with disabilities and their families. The IDEA also
provided for most HEA programs through annual
establishes procedural safeguards pertaining to the
appropriations acts.
identification, evaluation, and placement of students in
special education services that are intended to protect the
Statutes that Protect Student and Parental Rights
rights of parents and children with disabilities.
ED is also charged with enforcing various civil rights laws
Over 90% of funds appropriated for IDEA are for Part B,
that prohibit discrimination in all programs or activities that
which authorizes grants to states for special education
receive federal financial assistance (unless otherwise
services for school-aged children. The authorization of
noted). These include Title VI of the Civil Rights Act of
appropriations for Part B is permanent. The authorization of
1964 (prohibits discrimination based on race, color, or
appropriations for Part C, which authorizes state grants for
national origin), Title IX of the Education Amendments of
infants and toddlers with disabilities, and Part D, which
1972 (prohibits discrimination based on sex in education
authorizes national activities, has expired. Funding has
programs or activities receiving federal funds), Section 504
continued to be provided through annual appropriations
of the Rehabilitation Act of 1973 (prohibits discrimination
acts.
based on disability), the Age Discrimination Act of 1975
(prohibits discrimination based on age), and Title II of the
Rehabilitation Act of 1973 (RA)
Americans with Disabilities Act of 1990 (prohibits
Under the RA (P.L. 93-112, as amended), funds are
discrimination based on disability by public entities).
provided to support vocational rehabilitation (VR) services,
primarily through the VR State Grants program, which
ED also enforces two laws that protect student privacy
supports services to help individuals with disabilities
rights: (1) the Family Educational Rights and Privacy Act
prepare for and engage in employment. The RA was
(FERPA), which guarantees parental access to student
amended and the VR State Grants program reauthorized by
education records while limiting the disclosure of those
Title IV of the WIOA. Mandatory funding is authorized for
records to third parties; and (2) the Protection of Pupil
the VR State Grants program through FY2020.
Rights Amendment, which gives parents certain rights
regarding the collection of student data.
Perkins Career and Technical Education Act
Federal support for career and technical education (CTE;
Adam Stoll, Section Research Manager
once referred to as vocational education) dates to the Smith-
Rebecca R. Skinner, Specialist in Education Policy
Hughes Vocational Education Act (P.L. 64-347), enacted in
David P. Smole, Specialist in Education Policy
1917. Currently, the Carl D. Perkins Career and Technical
Education Act of 2006 (Perkins Act; P.L. 88-210, as
IF10551
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A Summary of Federal Education Laws Administered by the U.S. Department of Education
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