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Returning Education to Our States Act

S. 1402 · 119th Congress · Apr 9, 2025 · Lineage

A BILL

To abolish the Department of Education, and for other purposes.

Section 1 Short title

This Act may be cited as the “Returning Education to Our States Act”.

Sec. 2 Abolishment of the Department of Education

(a)
Termination— Effective on the date that is 1 year after the date of enactment of this Act, the Department of Education is hereby terminated.
(b)
Repeal— Effective on the date that is 1 year after the date of enactment of this Act, the Department of Education Organization Act (20 U.S.C. 3401 et seq.) is repealed.

Sec. 3 General Education Provisions Act; FERPA

(a)
Repeal of GEPA— Effective on the date that is 1 year after the date of enactment of this Act, all sections of the General Education Provision Act (20 U.S.C. 1221 et seq.) are repealed, except for section 400, section 444 (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”), and section 460 of such Act.
(b)
Applicability of FERPA— Section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”) shall apply to each program under section 102 and 203 and each program that was an applicable program under such Act as of the day before the effective date of this Act and has been transferred to another Department under this Act, except that references to the Secretary of Education or the Department of Education in such section shall be deemed to refer to the Secretary or department that has administrative responsibility for such program.

Sec. 4 Transfer of Civil Rights Enforcement

Effective on the date that is 1 year after the date of enactment of this Act, the Office of Civil Rights of the Department of Education shall be abolished, and the Civil Rights Division of the Department of Justice shall be responsible for receiving complaints and otherwise enforcing and carrying out Federal civil rights laws that are applicable to the program under section 102 and 203 and the programs that are transferred from the Department of Education to other Departments under this Act, including—
(1)
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(2)
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);
(3)
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or
(4)
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).