Updated November 28, 2022
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 ED
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. In addition, in response to
their families. Federal assistance supports students and
specific situations such as the COVID-19 pandemic,
families who are responsible for making those payments.
Congress may enact laws that authorize new education
The U.S. Department of Education (ED), established in
programs or flexibilities to be administered by ED.
1979 through the Department of Education Organization
Education Sciences Reform Act of 2002 (ESRA)
Act (P.L. 96-88, as amended), is the federal agency with the
Efforts to gather statistics on the condition and progress of
primary responsibility for administering federal elementary,
education date back to 1867 (P.L. 39-73), and a coordinated
secondary, and postsecondary education programs. It
national educational research and development effort began
supports the general welfare of the United States by
to take shape with the creation of the National Institute of
working to ensure equal access to educational opportunity;
Education in 1974 (P.L. 93-380). The ESRA was enacted in
and it supplements the efforts of state, local, and private
2002 (P.L. 107-279), and substantially revised federal
entities in improving the quality of education. ED’s mission
is “to promote student achievement and preparation for
research and statistics programs. It established the Institute
of Education Sciences (IES) as an independent research arm
global competitiveness by fostering educational excellence
and ensuring equal access.”
of ED, consisting of four research centers.
P.L. 107-279 also enacted two other laws. The Educational
The majority of the federal programs, activities, and
Technical Assistance Act (ETAA, Title II of P.L. 107-279)
benefits supportive of education at the elementary,
authorizes the Secretary of Education to make grants to
secondary, and postsecondary levels are authorized by only
states for statewide longitudinal data systems. The National
a few major education laws. While federal education
Assessment of Educational Progress Authorization Act
programs, activities, and benefits have varied foci and
(NAEPAA, Title III of P.L. 107-279) authorizes national,
address many different aims, broadly speaking, they
state, and long-term assessments in reading and
collectively provide for the following:
mathematics, which are collectively referred to as the
Research and statistics on the progress and condition of
National Assessment of Educational Progress (NAEP).
education and on the efficacy of programs and practices;
Authorizations of appropriations for ESRA, ETAA, and
Supplemental grants supporting core services and programs
NAEPAA programs and activities have expired; however,
in elementary and secondary schools serving concentrations
discretionary funding for them continues to be provided
of disadvantaged students;
through annual appropriations acts.
Targeted grants supporting the creation, improvement,
Elementary and Secondary Education Act (ESEA)
and/or operation of programs targeting particular
The ESEA (P.L. 89-10, as amended) was enacted in 1965
educational aims at all levels of education; and
and was last reauthorized in 2015 by the Every Student
Financial aid for postsecondary students, such as grants,
Succeeds Act (ESSA; P.L. 114-95). Title I-A, the largest
loans, work-study assistance, and tax benefits to encourage
ESEA program, provides compensatory grants to local
college access, persistence, and attainment.
educational agencies (LEAs) to fund educational and
Looked at more expansively, programs supportive of early
related services for low-achieving and other students who
childhood care and education, child nutrition, school health
attend elementary and secondary schools with relatively
clinics, workforce development, and several other types of
high concentrations of students from low-income families.
initiatives also may be considered federal education
Receipt of Title I-A funds is conditioned upon acceptance
programs. From this perspective, numerous other federal
of certain educational accountability requirements (e.g.,
agencies administer federal education programs, activities,
standards and assessments), affecting broad aspects of
and benefits as well.
public elementary and secondary education for all students.
Other ESEA programs, for example, provide grants to
support rural schools, teacher recruitment, instruction for
English language learners, afterschool activities, the
https://crsreports.congress.gov
A Summary of Federal Education Laws Administered by the U.S. Department of Education
expansion of charter and magnet schools, and education
the secondary and postsecondary education levels. The
services for Indian, Native Hawaiian, and Alaska Native
Perkins Act was reauthorized by the Strengthening Career
students. Authorizations of appropriations for ESEA
and Technical Education for the 21st Century Act (P.L. 115-
programs have expired. Annual appropriations acts have
224). Discretionary appropriations are authorized for
continued to provide discretionary funding for them.
FY2019 through FY2024.
Adult Education and Family Literacy Act (AEFLA)
Higher Education Act of 1965 (HEA)
The AEFLA was enacted in 1998 as Title II of the
The HEA (P.L. 89-329, as amended) was enacted in 1965.
Workforce Investment Act (WIA, P.L. 105-220) and was
It was last comprehensively reauthorized by the Higher
reauthorized in 2014 through the Workforce Innovation and
Education Opportunity Act of 2008 (HEOA; P.L. 110-315)
Opportunity Act (WIOA; P.L. 113-128). It is the primary
and has since been amended by other laws. Title IV of the
federal law supporting basic education for out-of-school
HEA authorizes an array of federal student aid programs
adults—commonly referred to as adult education. AEFLA
that assist students and their families in financing
programs mainly support educational services at the
postsecondary education expenses. The Federal Pell Grant
secondary level and below and English language
program provides need-based grant aid to low-income
instruction. Authorizations of appropriations for the
undergraduate students and is the largest single source of
AEFLA program have expired. Annual appropriations acts
federal grant aid for postsecondary education. The William
have continued to provide discretionary funding.
D. Ford Federal Direct Loan program makes federally
Individuals with Disabilities Education Act (IDEA)
funded loans available to students and their families. The
Federal Work-Study (FWS) program subsidizes part-time
The federal government has provided support for the
employment for students with financial need. The HEA also
education of children with disabilities since the 1960s (P.L.
authorizes programs providing federal support directly to
89-750). In 1975, Congress enacted P.L. 94-142 (now
institutions of higher education (IHEs). Title III and Title V
known as the IDEA), which authorizes grant programs that
of the HEA authorize programs that provide grants to IHEs
support early intervention and special education services for
that serve relatively high proportions of minority and
children with disabilities from birth to age 21. The IDEA
financially needy students to strengthen the IHEs’
was last reauthorized in 2004 (P.L. 108-446). As a
academic, financial, and administrative capabilities.
condition of receiving funds, states must provide certain
substantive and procedural protections for students with
HEA programs are funded through a combination of
disabilities. For example, states and LEAs must convene a
discretionary and mandatory appropriations with most
team to develop an individual education program (IEP) that
funding provided for the Title IV federal student aid
states the specific special education and related services to
programs. Mandatory funding for the Direct Loan program
be provided to ensure a child served under the IDEA
is permanently authorized, and mandatory funding for the
receives a “free appropriate public education” (FAPE).
Federal Pell Grant program is permanently appropriated.
While the authorizations of appropriations for most HEA
Over 90% of IDEA funds are appropriated for Part B,
programs have expired, funding continues to be provided
which authorizes grants to states for special education
for most HEA programs through annual appropriations acts.
services for school-aged children. The authorization of
Statutes that Protect Student and Parental Rights
appropriations for Part B is permanent. The authorization of
ED is also charged with enforcing various civil rights laws
appropriations for Part C, which authorizes state grants for
that prohibit discrimination in all programs or activities that
infants and toddlers with disabilities, and Part D, which
receive federal financial assistance (unless otherwise
authorizes national activities, has expired. Annual
noted). These include Title VI of the Civil Rights Act of
appropriations acts have continued to provide discretionary
1964 (P.L. 88-352, as amended; prohibits discrimination
funding.
based on race, color, or national origin), Title IX of the
Rehabilitation Act of 1973 (RA)
Education Amendments of 1972 (P.L. 92-318, as amended;
Under the RA (P.L. 93-112, as amended), funds are
prohibits discrimination based on sex), Section 504 of the
provided to support vocational rehabilitation (VR) services
Rehabilitation Act of 1973 (P.L. 93-112, as amended;
primarily through the VR State Grants program, which
prohibits discrimination based on disability), the Age
supports services to help individuals with disabilities
Discrimination Act of 1975 (P.L. 94-135, as amended;
prepare for and engage in employment. The RA was
prohibits discrimination based on age), and Title II of the
amended and the VR State Grants program reauthorized by
Americans with Disabilities Act of 1990 (P.L. 101-336, as
Title IV of the WIOA. Authorizations for mandatory
amended; prohibits discrimination based on disability by
funding for the VR State Grants program have expired;
public entities).
however, funding for the program continues to be provided
ED also enforces two laws that protect student privacy
through annual appropriations acts.
rights: (1) the Family Educational Rights and Privacy Act
Perkins Career and Technical Education Act
(FERPA), which guarantees parental access to student
Federal support for career and technical education (CTE;
education records while limiting the disclosure of those
once referred to as vocational education) dates to the Smith-
records to third parties; and (2) the Protection of Pupil
Hughes Vocational Education Act (P.L. 64-347), enacted in
Rights Amendment (PPRA), which gives parents certain
1917. Currently, the Carl D. Perkins Career and Technical
rights regarding the collection of student data.
Education Act of 2006 (Perkins Act; P.L. 88-210, as
amended) is the primary federal law supporting CTE. It
Adam Stoll, Section Research Manager
authorizes a state grant program to support CTE activities at
Rebecca R. Skinner, Specialist in Education Policy
https://crsreports.congress.gov
A Summary of Federal Education Laws Administered by the U.S. Department of Education
IF10551
David P. Smole, Coordinator of Research Planning
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https://crsreports.congress.gov | IF10551 · VERSION 5 · UPDATED