On Nov. 18, the U.S. Department of Education announced that it had finalized six interagency agreements with four other federal agencies that will transfer some but not all responsibility for multiple USDE programs. Nearly all K-12 programs will be administered by the Department of Labor under this agreement, with Indian Education programs moving to the Department of the Interior. IDEA is not included in the agreements, but reports indicate that negotiations about transferring it to HHS are ongoing.

The Department cites as precedent for these agreements the interagency agreement that transferred the Career and Technical Education program to the Department of Labor. A Q&A for the DOL agreement on OESE indicates that the Labor Department will be providing grant administration services, including managing competitions, while the USDE “will maintain all statutory responsibilities and will continue its oversight of these programs.” The Q&A also indicates that states “will continue receiving all title formula funds—including those that support low-income students, teachers, academic enrichment, and after-school programs. States will now receive these funds from DOL.” Based on the actually agreement for the Office of Elementary and Secondary Education, this agreement commences immediately and remains in effect until terminated. The agreement “may be terminated upon 90 calendar days advance written agreement by both Parties.”

The following USDE offices will be subject to these agreements:

  • Labor – Office of Elementary and Secondary Education
  • Labor – Office of Postsecondary Education
  • Interior – Indian Education
  • State – International and Foreign Language Education
  • Health & Human Services – Child Care Access
  • Health & Human Services – Foreign Medical Accreditation

K-12 formula programs moving to the Department of Labor include:

  • Title I, Part A: Improving Basic Programs Operated by Local Educational Agencies
  • Title I, Part B: Improving Academic Achievement of the Disadvantaged–State Assessment Grants
  • Title I, Part C: Education of Migratory Children
  • Title I, Part D: Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk
  • Title II, Part A: Supporting Effective Instruction State Grants
  • Title III, Part A English Language Acquisition State Grants
  • Title IV, Part B 21st Century Community Learning Centers
  • Title V Small, Rural School Achievement and Rural and Low-Income School Programs
  • Impact Aid
  • Education for Homeless Children and Youths
  • Republic of Palau Grant
  • Consolidated Grants to the Insular Areas

The following competitive grant programs are also included:

  • Comprehensive Literacy State Development
  • Innovative Approaches to Literacy
  • Supporting Effective Educator Development
  • Charter Schools Program
  • Assistance for Arts Education
  • Washington D.C. Scholarships for Opportunity and Results (SOAR) Act
  • Ready to Learn Programming
  • Teacher and School Leader Incentive
  • Teacher Quality Partnership Grant
  • American History and Civics
  • Statewide Family Engagement Centers
  • Promise Neighborhoods
  • Magnet Schools Assistance Program
  • Full-Service Community Schools