Why It Matters

A recent CRS report updated July 9 examines the Elementary and Secondary Education Act, the primary source of federal aid for K-12 education. Congress most recently comprehensively amended and reauthorized the law through the Every Student Succeeds Act in 2015. Most ESEA programs had authorizations of appropriations through fiscal 2020, with an additional year automatically authorized under federal law. Since fiscal 2022, Congress has continued funding ESEA programs through annual appropriations even though their explicit authorizations of appropriations have expired.

The debate over the federal role in education also comes as lawmakers consider proposals that would significantly restructure the Department of Education and how federal education funds reach states. H.R. 2691 in the 119th Congress would terminate the department and provide states with grants for elementary and secondary education.

The Big Picture

The ESEA includes a range of programs supporting disadvantaged students, teachers, English learners, Native students and other groups. Title I-A remains the largest program under the law and provides funding to local educational agencies and schools with relatively high concentrations of students from low-income families. Title III-A provides grants for English language acquisition, while Title VI includes programs supporting Indian, Native Hawaiian and Alaska Native education.

ESSA gave states greater flexibility than the No Child Left Behind Act in designing their accountability systems while preserving federal requirements for academic standards, assessments and school accountability. All states, the District of Columbia and Puerto Rico have submitted consolidated state plans under ESSA. States receiving Title I-A funding must establish long-term goals, measure school performance using multiple indicators and annually identify schools requiring comprehensive or targeted support.

The law also limits federal control over state education policy. The education secretary generally may not mandate, direct or control state academic standards, assessments, curricula or instructional programs. ESSA retained federally required testing and accountability measures while giving states greater discretion over how they design and implement their systems.

Federal education funding has also shifted within existing appropriations. The Department of Education reprogrammed funding among several ESEA-related activities, including money for American History and Civics Education National Activities and the Charter Schools Program. Such reprogramming allows the department to redirect previously appropriated funds within statutory and appropriations constraints without creating a new appropriation.

Congress has also acted to control the timing of education funding. After the department delayed the release of some forward-funded education grants in fiscal 2025, the Consolidated Appropriations Act required the secretary to award specified formula grants on the date the funds become available for obligation. The requirement applies to several ESEA programs, including migrant education, Supporting Effective Instruction, English Language Acquisition, Student Support and Academic Enrichment Grants and 21st Century Community Learning Centers.

The Bottom Line

The ESEA remains the central federal statute governing aid to elementary and secondary education even though the authorizations of appropriations for most of its programs have expired. Congress has continued funding those programs annually, allowing ESSA’s standards, assessments, accountability requirements and grant programs to remain in operation.

Lawmakers are simultaneously considering broader changes to the federal role in education, including proposals to restructure or eliminate the Department of Education and change how federal funds are distributed to states. Those proposals could alter how ESEA programs are administered even if Congress does not undertake another comprehensive reauthorization of the law.

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