The Legal Ramifications of “Returning Education to the States”
By: Nash Phillips
Edited by: Christina Ding and Hannah Kim
On Wednesday, January 7, the U.S. Secretary of Education Linda McMahon announced that Iowa would be the first state to receive a “Returning Education to the States” waiver. The waiver gives Iowa control over approximately $9.5 million in education funding from the federal government. [1] Though these funds would have gone to Iowa regardless, the state is now not required to follow the guidelines of the Elementary and Secondary Education Act (ESEA). [2]
The Department of Education (DOE) under the Trump administration has clearly stated that education authority belongs with the states, and that one-size-fits-all mandates from the federal government regarding education have been ineffective. [3] With that, the DOE has invited all 50 states to submit requests to the federal government that would give them more authority over how money is spent on public education. According to McMahon, when it comes to education, “states should lead.” [4] Though only Iowa has had its request approved, Indiana, Oklahoma and Kansas have all submitted or are in the process of submitting waiver requests of their own. [5]
The U.S. Constitution does not explicitly mention education as an enumerated power of the federal government. Thus, under the 10th Amendment of the Bill of Rights, it is generally considered a reserved power for the states. [6] Many believe that the DOE’s creation in 1980 was unconstitutional, saying that it raises education spending while hindering each state’s effectiveness in educating its citizens. [7] The DOE website even notes the $3 trillion spent by taxpayers on education since the DOE’s founding, as well as plummeting test scores and low reading and math proficiencies for young students. [8]
The U.S. currently ranks outside the top 10 in total global education scores. [9] Among the 38 countries in the Organisation for Economic Co-operation and Development (OECD), which comprises the most developed nations in the world, the U.S. ranks 27th in math and 12th in science. [10] President Trump has also misleadingly claimed that the U.S. is “ranked No. 1 in cost per pupil.” However, these costs are skewed by the costs of higher education, with the U.S. spending less per student than many developed countries in primary and secondary education, and only 39% of higher education expenditures were from tax dollars. [11]
According to Pew Research Center, the public perception of the U.S. education system is actually lower than test scores would indicate. [12] While the current administration has continually expressed disdain for the DOE and any federal control over education, moving towards an absence of federal guidelines on schooling is potentially dangerous. [13]
First, Trump’s vows to dismantle the DOE are not within his powers as president, and would require Congressional approval in order to do so legally. [14] Additionally, if states were given complete control over their public education systems and funding, many have expressed interest in implementing policies that many find to be unconstitutional.
Over the past five years, 14 Republican-controlled states have passed Education Savings Accounts, school voucher programs that divert public funds to private schools. This allows families to accept vouchers to attend a private school, rather than a public one. [15] In these instances, public funds often end up in the hands of religiously affiliated schools, which, to some, violates the separation of church and state by diverting tax dollars away from public education, making religious schools more attractive. Moreover, students need to gain admittance to a private school in order to accept a voucher. This has the potential to infringe on equal opportunity in public education and anti-discrimination laws. [16]
In Iowa’s case, the state is receiving four different ESEA funds consolidated into one block grant, meaning they can spend this on whatever they choose education-wise. The state is hoping to reduce administrative costs and invest in a new “science of reading” program. [17] Most of the pending proposals seek to pursue similar initiatives; thus, school vouchers are not currently set to be further implemented. However, many of Trump’s opponents believe that he and the DOE’s broader goals include them in the near future. [18]
The future of public education has been a hot-button, extremely partisan issue. [19] While “Returning Education to the States” can streamline processes and allow for more efficient and well-funded public education, its implementation poses the risk of partisan bias overstepping into public education.
Notes:
Iowa Capital Dispatch, “Iowa Becomes the First State to Gain More Control Over Federal Education Dollars,” January 7, 2026, https://iowacapitaldispatch.com/2026/01/07/iowa-becomes-the-first-state-to-gain-more-control-over-federal-education-dollars/.
AASA, The School Superintendents Association, “Unpacking State ESEA Waiver Submissions,” accessed February 17, 2026, https://www.aasa.org/resources/blog/unpacking-state-esea-waiver-submissions.
U.S. Department of Education, “Returning Education to the States,” accessed February 17, 2026, https://www.ed.gov/about/initiatives/returning-education-states.
Iowa Capital Dispatch, “Iowa Becomes the First State to Gain More Control.”
Chalkbeat, “Federal Education Waivers Give Iowa More Funding Flexibility,” January 8, 2026, https://www.chalkbeat.org/2026/01/08/federal-education-waivers-give-iowa-more-funding-flexibility/.
Purdue Global Law School, “How the 14th Amendment Protects the Right to Education,” accessed February 17, 2026, https://www.purduegloballawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education.
Cato Institute, “Top 5 Reasons to End the U.S. Department of Education,” accessed February 17, 2026, https://www.cato.org/blog/top-5-reasons-end-us-department-education.
U.S. Department of Education, “Returning Education to the States.”
World Population Review, “Education Rankings by Country,” accessed February 17, 2026, https://worldpopulationreview.com/country-rankings/education-rankings-by-country.
Pew Research Center, “Most Americans Think U.S. K-12 STEM Education Isn’t Above Average, but Test Results Paint a Mixed Picture,” April 24, 2024, https://www.pewresearch.org/short-reads/2024/04/24/most-americans-think-us-k-12-stem-education-isnt-above-average-but-test-results-paint-a-mixed-picture/.
FactCheck.org, “Trump Wrong About U.S. Rank in Education Spending and Outcomes,” February 2025, https://www.factcheck.org/2025/02/trump-wrong-about-u-s-rank-in-education-spending-and-outcomes/.
Pew Research Center, “Most Americans Think U.S. K-12 STEM Education Isn’t Above Average.”
USA Today, “Trump Education Department Pick McMahon,” February 4, 2025, https://www.usatoday.com/story/news/education/2025/02/04/trump-education-department-mcmahon/78220522007/.
USA Today, “Trump Education Department Pick McMahon.”
The 74, “Red States’ School Vouchers Mark Biggest Shift in U.S. Education in a Century,” accessed February 17, 2026, https://www.the74million.org/article/red-states-school-vouchers-mark-biggest-shift-in-u-s-education-in-a-century/.
American Civil Liberties Union, “Memo: Constitutional Implications of Voucher Proposals,” accessed February 17, 2026, https://www.aclu.org/documents/memo-constitutional-implications-voucher-proposals.
Iowa Capital Dispatch, “Iowa Becomes the First State to Gain More Control.”
Chalkbeat, “Federal Education Waivers Give Iowa More Funding Flexibility.”
American Civil Liberties Union, “Fifth Circuit Hears Arguments in Challenges to Ten Commandments Displays in Louisiana and Texas Public School Classrooms,” accessed February 17, 2026, https://www.aclu.org/press-releases/fifth-circuit-hears-arguments-in-challenges-to-ten-commandments-displays-in-louisiana-and-texas-public-school-classrooms.
Bibliography:
AASA, The School Superintendents Association. “Unpacking State ESEA Waiver Submissions.” Accessed February 17, 2026. https://www.aasa.org/resources/blog/unpacking-state-esea-waiver-submissions.
American Civil Liberties Union. “Fifth Circuit Hears Arguments in Challenges to Ten Commandments Displays in Louisiana and Texas Public School Classrooms.” Accessed February 17, 2026. https://www.aclu.org/press-releases/fifth-circuit-hears-arguments-in-challenges-to-ten-commandments-displays-in-louisiana-and-texas-public-school-classrooms.
American Civil Liberties Union. “Memo: Constitutional Implications of Voucher Proposals.” Accessed February 17, 2026. https://www.aclu.org/documents/memo-constitutional-implications-voucher-proposals.
Cato Institute. “Top 5 Reasons to End the U.S. Department of Education.” Accessed February 17, 2026. https://www.cato.org/blog/top-5-reasons-end-us-department-education.
Chalkbeat. “Federal Education Waivers Give Iowa More Funding Flexibility.” January 8, 2026. https://www.chalkbeat.org/2026/01/08/federal-education-waivers-give-iowa-more-funding-flexibility/.
FactCheck.org. “Trump Wrong About U.S. Rank in Education Spending and Outcomes.” February 2025. https://www.factcheck.org/2025/02/trump-wrong-about-u-s-rank-in-education-spending-and-outcomes/.
Iowa Capital Dispatch. “Iowa Becomes the First State to Gain More Control Over Federal Education Dollars.” January 7, 2026. https://iowacapitaldispatch.com/2026/01/07/iowa-becomes-the-first-state-to-gain-more-control-over-federal-education-dollars/.
Pew Research Center. “Most Americans Think U.S. K-12 STEM Education Isn’t Above Average, but Test Results Paint a Mixed Picture.” April 24, 2024. https://www.pewresearch.org/short-reads/2024/04/24/most-americans-think-us-k-12-stem-education-isnt-above-average-but-test-results-paint-a-mixed-picture/.
Purdue Global Law School. “How the 14th Amendment Protects the Right to Education.” Accessed February 17, 2026. https://www.purduegloballawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education.
The 74. “Red States’ School Vouchers Mark Biggest Shift in U.S. Education in a Century.” Accessed February 17, 2026. https://www.the74million.org/article/red-states-school-vouchers-mark-biggest-shift-in-u-s-education-in-a-century/.
U.S. Department of Education. “Returning Education to the States.” Accessed February 17, 2026. https://www.ed.gov/about/initiatives/returning-education-states.
USA Today. “Trump Education Department Pick McMahon.” February 4, 2025. https://www.usatoday.com/story/news/education/2025/02/04/trump-education-department-mcmahon/78220522007/.
World Population Review. “Education Rankings by Country.” Accessed February 17, 2026. https://worldpopulationreview.com/country-rankings/education-rankings-by-country.