Administration Bypasses Tribal Consultation in Massive Department of Education Transfer

12/12/2025

WASHINGTON, D.C. - On November 18, 2025, the U.S. Department of Education (ED) announced a sweeping reorganization, utilizing interagency agreements to move key functions to other federal departments.  This move fulfills President Trump’s campaign promise to close the agency and streamline bureaucracy, but it will directly impact programs that fund and oversee the education of Native children and college students.  Most critically, these actions were taken without tribal consultation, in violation of the federal government’s treaty and trust responsibility to Indian Tribes and Executive Order 13175 on Tribal Consultation.  The announcement to transfer the ED programs can be found here.

Officials are planning to move six ED offices into four separate agencies, most notably transferring the Office of Indian Education (OIE) to the Bureau of Indian Education (BIE) at the Department of the Interior.  Stakeholders warn that eliminating ED and transferring OIE could disrupt funding and resources for essential programs, including Individuals with Disabilities Education Act (IDEA) services, Impact Aid, and ESSA Title VI programs.  The plan to transfer the ED programs to BIE can be found here.

The move is also seen as a threat to the survival of Tribal Colleges and Universities (TCUs), which rely on federal funds for nearly 75% of their budget.  Tribal leaders state that transferring post-secondary oversight to the BIE, which has a documented history of management and staffing challenges, threatens the stability and accreditation of these vital institutions.  

Despite the lack of consultation, ED officials state they have not yet started the transfers and plan to conduct tribal consultation, though specifics have not been given.  Assistant Secretary of Indian Affairs Billy Kirkland has stated that the Department of the Interior plans to “engage closely” with Tribes and education stakeholders.

Skenandore Wilson LLP remains engaged in a government-to-government capacity and will provide timely analysis and updates on the consultation process and the status of the transfers.

Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.  To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.