Just like the constitution, states can add to, but not take away from federal department of education regulations. For example, the Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children. Changing laws if difficult and no one wants to go on record voting against special needs. So they can just get rid of the department that enforces laws and say they are leaving up to the states.

As someone who lives in a red state and has a child with special needs, the IDEA law is the only reason my child gets any support in school. If they get rid of the department of education then states like Texas can reduce their special education services even further, so they can build more multi-million dollar high school football stadiums.

Thanks rimjobsteve