The Supreme Court’s allowance of the Trump administration’s dismantling of the Department of Education takes indiscriminate aim at the hopes of students on the margins. The Constitutional issue may be the overriding of the power of Congress to regulate the programs it funds, but the collateral carnage is far greater in its immediate impact.
Who provides the loans, the grants, the stimulus programs that disappear once the Department of Education dies by execution?The Resource Replacement Myth assumes that whenever the flow of funding is cut off upstream some agency downstream, such as state government, will replace it. The Myth defies the reality of flowing water as well as the economy of flowing revenue. Water and funding do not appear spontaneously when they are shut off at the source. It is self-evidently absurd. Yet Republicans for generations have assumed that funding for education will appear at the state level as soon as it is cut off at the federal level.
The argument that states will absorb this loss of revenue for the neediest students in their schools is either naive or cynical. No state will suddenly find the revenue to provide for these populations of students of minority status, of poverty or of unpopular national origin. States consistently plead poverty when educational needs come to their attention. The parents of these students are not typically influential . If the funding from the Department of Education supplied the needs of an influential class of citizens, whether white or wealthy or Ivy-elite, enough commotion would arouse the legislators to draft a bill to serve their special interests. But most of the federal funding has supported a community with muffled representation. There will be no spontaneous replacement of funds in their classrooms.
Because the Resource Replacement Myth is ridiculous, the federal government has persisted over generations to distribute aid to local schools with its ham-handed system. The funds bureaucratically trickle down requiring full-time administrators to distribute them. Sometimes they arrive late and often they are less than promised, but they trickle down annually and keep teachers in classrooms, new books in the hands of children, college students in classes. It is the best system we have. The children see only the benefits.
Legislators and Supreme Court Justices do not get this view of education from the bottom up. They just see the problems of administering large grant and loan programs. For some reason they find waste in Education more offensive than failed aircraft development projects or indiscriminate welfare payments to agricultural corporations. At least the Department of Education continues to improve its accountability to minimize waste. Why would anyone in the Department have a stake in over-paying or indiscriminate funding?
The issue at hand is the power of Congress to dismantle the agency it created. Certainly the Court has to curtail the runaway power of the Executive, just on Constitutional principle.
However, the collateral damage matters to more teachers and more students in the public schools than the number of bureaucrats in the Court, the Congress and the Executive combined. The teachers and students depend on this funding for a redemptive education.
Whatever else happens upstream of the public schools, it must not strand students and teachers downstream in an educational desert.






