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The US Department of Education’s Role is Critical for Consumers

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December 9, 2024

Media contact: National Consumers League – Lisa McDonald, lisam@nclnet.org, 202-207-2829

WASHINGTON, DC – NCL rejects proposals to abolish the U.S. Department of Education (ED) and urges Members of Congress to strengthen the agency and its critically important role for consumers.

ED provides irreplaceable services for our public schools, alongside programs administered by other agencies like Head Start at the Department of Health and Human Services and the National School Lunch program at the Department of Agriculture. Despite making up only 3% of the federal budget, ED plays an outsized role in supporting K-12 and college education. Many underserved schools across the nation rely on ED’s Title I funding to continue operating a full range of educational and care services.

The US has long recognized a need for a limited but important federal role ineducation. Indeed, the original Department of Education was created in 1867 to collect information on schools and teaching that would help the States establish effective school systems. ED has evolved and changed with the times, but this early emphasis on getting vital information to teachers and education policymakers continues into the present.

Moreover, ED supports the essential role played by our public schools across America, schools that teach reading, writing, math and science, and are free to all students. The public school system represents the best of American democracy, fostering civic engagement and opportunity for all.

ED also pursues its twin goals of access and excellence through programs that cover every area of education and range from preschool education through postdoctoral research: including civil rights protections, Title IX rights, and  over $150 billion in new and consolidated loans annually. Without these loans, millions of students would not have access to higher education, so ED plays a truly essential consumer support role.

Finally, while ED’s programs and responsibilities have grown substantially over the years, the Department has the smallest staff of the 15 Cabinet agencies and has suffered funding cuts from Congress.

NCL calls on leaders across the political spectrum to reject proposals that would jeopardize the future of our nation’s children and instead focus on improving, refining, and supporting ED’s many positive contributions. NCL continues to advocate for policies to minimize the costs associated with seeking higher education, including legislation to bring the US in line with other developed nations by making college affordable for all.

Further reading

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About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

What’s going on with student debt cancellation?

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By Eden Iscil, Public Policy Manager

A few weeks ago, the US Supreme Court ignored the facts of the case in front of them and wrongfully ruled that President Biden’s first attempt at cancelling student debt was illegal. While the Court was misguided and seemingly hellbent on making life worse for millions of Americans, debt cancellation is not dead. Earning much less media coverage than the Court’s ruling, President Biden announced on that same day that his Department of Education had initiated a plan B for debt cancellation. Additionally, he revealed a 12-month “on-ramp” to repayment. Here’s what we know so far about these two programs. 

Plan B for cancelling student debt 

Over the past 60 years, Congress passed two laws giving the secretary of education the authority to cancel student debts—the Supreme Court’s ruling last month only applied to one of them. While there is still one more legal avenue available for the Education Department to broadly cancel student debt, the law requires a lengthy regulatory process to get there. Specifically, the department must initiate a negotiated rulemaking, seeking input from various stakeholders involved in student debt. From nominating and appointing negotiators to reaching a final recommendation for the Department, this stage will likely finish around the end of the year. 

Next, the Department will have to publish a proposed rule outlining the parameters of the debt cancellation plan. Currently, the administration has not spoken to how much debt will be cancelled under plan B and who will be eligible beyond an intention to deliver “debt relief for as many borrowers as possible.” This means that we shouldn’t expect to see the details of plan B until early 2024. And once the Department publishes its proposal, there will be a 60-90 day comment period for the public to submit their thoughts on the plan. Only after this comment period is finished (and the Department has read the public’s thoughts) can the program go into effect. Once all of these steps are completed, it will likely be around springtime next year at the very earliest. 

A 12-month “on ramp” to repayment 

Congress set September 30 as the last day of the federal loan payment pause. Without some form of debt cancellation, it is estimated that repayment will put over 9 million borrowers into default. Recognizing this reality and its legal inability to extend the current payment pause thanks to Congress, the Department will waive certain repayment related penalties from October 1, 2023 through September 30, 2024. 

Specifically, during this year-long period, missing a monthly federal loan payment: 

  • Will not result in default or delinquency 
  • Will not be reported to credit bureaus 
  • And will not be referred to debt collection agencies 

While both plan B and the 12-month on ramp are imperfect, the Department is taking steps to minimize harm and is still working to deliver debt relief. It’s important that we continue to show our support for debt cancellation, especially during the public comment period. We should not tolerate an educational system that results in lifelong debt and average monthly payments of $500.