Wikipedia:
EstablishmentA previous Department of Education was created in 1867 but soon was demoted to an Office in 1868. As an agency not represented in the president's cabinet, it quickly became a relatively minor bureau in the Department of the Interior. In 1939, the bureau was transferred to the Federal Security Agency, where it was renamed the Office of Education. In 1953, the Federal Security Agency was upgraded to cabinet-level status as the Department of Health, Education, and Welfare.
Upgrading Education to cabinet level status in 1979 was controversial and opposed by many in the Republican Party, who saw the department as unconstitutional, arguing that the Constitution doesn't mention education, and deemed it an unnecessary and illegal federal bureaucratic intrusion into local affairs. However many liberals and Democrats see the department as constitutional under the Commerce Clause, and that the funding role of the Department is constitutional under the Taxing and Spending Clause.
On March 23, 2007, President George W. Bush signed into law H.R. 584, which designates the ED Headquarters building as the Lyndon Baines Johnson Department of Education Building
http://en.wikipedia.org/wiki/United_States_Department_of_EducationI didn't believe this myself, but apparently those "good old days" Repubs always long for, really
are before the civil war. Since the DE takes away "states rights" that allow each state to decide who gets an education and who goes to what school, they could in theory take us back to a day when it was illegal to teach a black person to read in some states.
Interestingly, it seems every modern day GOP candidate has promised to eliminate this office during campaign stops, but has done nothing while in office. GW Bush even added "No Child Left Behind" to the budget.