Democrats’ decisive victory in last week’s midterm elections has shifted the balance of power in Washington, potentially reshaping federal education policy and the future of the U.S. Department of Education. The party now holds the majority in both the House and Senate, a shift that experts say could place education under renewed congressional scrutiny. For California, where Democrats already dominate state politics, the election could create new opportunities to challenge the administration’s education agenda in Washington.
Education Tied to Broader Issues
According to experts, education is more likely to receive attention when linked to broader issues like affordability, which is a key concern for the incoming Democratic majority. Jonathan Collins, an assistant professor at Columbia University’s Teachers College, believes that discussions about education must be connected to these larger priorities in order to be effective.
“If that conversation happens in a silo, I don’t think it’s going to go anywhere,” Collins said.
Emily Merolli, a founding partner at Sligo Law Group and former official in the U.S. Department of Education, notes that there is a growing recognition of the federal government’s role in education. This shift in awareness could have significant implications for education policy.
Now that Democrats control Congress’ “power of the purse,” they may be able to rein in efforts by the Trump administration to dismantle the department. Congressional oversight of the education department is likely to intensify. After the election, Rep. Bobby Scott, the ranking member of the House Committee on Education and the Workforce, sent a letter to Education Secretary Linda McMahon, reminding her of the department’s responsibility to preserve federal records so Congress can fulfill its oversight responsibilities.
Congressional Power of the Purse
A bipartisan coalition, including Sen. Lisa Murkowski of Alaska and outgoing Sen. Susan Collins of Maine, introduced legislation aimed at blocking the Trump administration from transferring offices and functions to other agencies. That bill would block the Trump Administration from transferring offices and functions to other agencies, including special education, elementary, secondary, and postsecondary education as well as Indian Education.
In similar moments of partisan conflict over agency structure, legislators often rely on appropriation bills as the primary mechanism for influence. This approach allows them to control funding without needing to pass a full overhaul of the agency’s statutory mission.
President Trump still has broad executive authority, including the power to veto legislation. Many of those orders have been blocked in court, such as the attempted dismantling of the Department of Education, mass layoffs, and cancellation of teacher-training grants. But even if judges ultimately block an executive order, they can still leave a lasting effect on schools. Merolli noted that litigation takes time, and in the interim, some school leaders may decide to comply with the administration’s directives.
The administration and conservative think tanks, such as the Heritage Foundation and Cato Institute, have argued that the Department of Education is a wasteful bureaucracy with little impact on academic achievement. They have advocated for slashing the department and sending its funding directly to states. Despite these arguments, Congress has been reluctant to formally dismantle the agency, instead focusing on stripping away key responsibilities and reducing staffing.
Congressional Oversight of Education
Congress is expected to increase its scrutiny of the Department of Education’s internal communications, which could involve launching investigations and calling witnesses to testify. Reid Setzer, director of government affairs for EdTrust, suggests that this could include terminated federal education employees, state education leaders who lost communication with the federal government, or parents who filed complaints about discrimination that were ignored.
Much of Congress’ recent legislation has been passed through appropriation bills, which Emily Merolli describes as the quickest way to push back against the administration’s education agenda. Sen. Bernie Sanders is set to become chair of the Senate Health, Education, Labor and Pensions Committee, where he plans to focus on his Medicare For All platform and debt-free college bill.
More states could oppose Trump’s agenda
The number of Democratic state attorneys general will also grow across the country, which means that California will likely have a broader coalition of states willing to challenge Trump administrative actions.
