Betsy DeVos Loves School Choice. But You Don’t See Much of It in ESSA Plans

Betsy DeVos Loves School Choice. But You Don’t See Much of It in ESSA Plans

Education Week logoU.S. Secretary of Education Betsy DeVos is a big cheerleader for school choice. And way before she came into office, states around the country were adopting tax-credit scholarships, education savings accounts, and more.

So has all that translated into a big bonanza for school choice in states’ Every Student Succeeds Act plans? Not really.

To be sure, ESSA isn’t a school choice law. School choice fans in Congress weren’t able to persuade their colleagues to include Title I portability in the law, which would have allowed federal funding to follow students to the public school of their choice.

However, the law does has some limited avenues for states to champion various types of school choice options. But only a handful of states are taking advantage of those opportunities, according to reviews of the plans by Education Week and the National Alliance for Public Charter Schools.

School Improvement: At least 12 states say they want schools that are perennially low-performing to consider reopening as charter schools to boost student achievement. Those states are Arizona, Florida, Georgia, Indiana, Louisiana, Minnesota, New Mexico, Nevada, Rhode Island, Tennessee, Texas, and Utah.

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New Federal Special Ed. Chief Aims to Foster Partnership With States

New Federal Special Ed. Chief Aims to Foster Partnership With States

Education Week logoThe selection of Johnny Collett, confirmed in December to oversee special education for the U.S. Department of Education, was a rare point of agreement between the Trump administration and the disability-advocacy community.

U.S. Secretary of Education Betsy DeVos was tripped up on disability-policy questions during her confirmation hearing last year, and her staunch support of school choice options has left some advocates worried that parents may not understand that choosing private schools means losing the rights guaranteed under the Individuals with Disabilities Education Act.

But Collett’s special education bona fides were not in question: A former special education teacher, he has served as a special education director for Kentucky and was the director of special education outcomes for the Council of Chief State School Officers.

Four months into his tenure, Collett, the assistant secretary for the office of special education and rehabilitative sevices, is trying to position the department as a supportive partner to states.

In an interview with Education Week, Collett discussed a wide range of issues involving special education responsibilities, including the Education Department’s oversight of the Every Student Succeeds Act; discipline and discrimination; school choice and students with disabilities; and the department’s leadership role.

He talked about the complex interplay special educators face between complying with federal law, supporting high expectations for all children, and recognizing each student’s individual educational needs.

Collett’s comments have been edited for space and clarity…

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Districts Are Supposed to Use Evidence to Improve Schools Under ESSA. Will They?

Districts Are Supposed to Use Evidence to Improve Schools Under ESSA. Will They?

Education Week logoThe Every Student Succeeds Act is supposed to bring about a big change in school improvement. The law says states and districts can use any kind of interventions they want in low-performing schools, as long as they have evidence to back them up.

But the provision has some experts worried. They’re concerned that there just aren’t enough strategies with a big research base behind them for schools to choose from. These experts also worried that district officials may not have the capacity or expertise to figure out which interventions will actually work.

Districts, they’ve said, may end up doing the same things they have before, and may end up getting the same results.

“My guess is, you’ll see a lot of people doing the things they were already doing,” said Terra Wallin, who worked as a career staffer at the federal Education Department on school turnaround issues and is now a consultant with Education First, a policy organization that is working with states on ESSA implementation. “You’ll see a lot of providers approaching schools or districts to say, ‘Look, we meet the evidence standard,'” Wallin said…

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Betsy DeVos Has Been Scarce on Capitol Hill; Why Is That? – Politics K-12 – Education Week

Betsy DeVos Has Been Scarce on Capitol Hill; Why Is That? – Politics K-12 – Education Week

Education Week logoU.S. Secretary of Education Betsy DeVos hasn’t testified before the House or Senate education committees since becoming secretary more than a year ago—and Democrats aren’t happy about that.

For one thing, it’s a departure from the record of her recent predecessors, each of whom had appeared before the two education committees at least once—and in many cases, more often—by this point in their tenures. And even when you widen the lens to look at other committees on Capitol Hill, DeVos is still behind the pace of her predecessors.

All in all, DeVos has testified before Congress just four times so far, including her confirmation hearing in January of last year, and three education spending committee appearances.

That’s not to say DeVos is dodging lawmakers. The party in control of Congress—in this case, the GOP—gets to decide when a cabinet secretary appears before Congress. “Every time the Secretary has been called up to testify she has made herself available to do so,” said Elizabeth Hill, a spokeswoman for the department.

Still, top Democrats on the House and Senate education committees—Rep. Bobby Scott of Virginia and Sen. Patty Murray of Washington—are not happy that they haven’t gotten a chance to hear from DeVos directly. They have big concerns about the way DeVos is implementing the Every Student Succeeds Act, her school choice agenda, and what they see as her rollback of Obama-era civil rights protections. They want to question her about those issues in person.

House Republicans say they fully intend to have DeVos speak to the committee, they’ve just run into scheduling conflicts.

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Civil Rights Groups to Congress: Betsy DeVos is Approving Plans That Violate ESSA

Civil Rights Groups to Congress: Betsy DeVos is Approving Plans That Violate ESSA

Education Week logoU.S. Secretary of Education Betsy DeVos is approving plans that fly in the face of the Every Student Succeeds Act’s protections for vulnerable children, according to more than a dozen civil rights groups, including the Leadership Conference on Civil and Human Rights.

The groups sent a letter Tuesday to Democratic and Republican leaders on the House and Senate education committees asking them to tell DeVos to stop approving “unlawful” plans.

“We call on you to fulfill your role in ESSA’s implementation and to correct the Department of Education’s flawed approval of state plans that do not comply core equity provisions of the law,” the groups wrote to Sens. Lamar Alexander, R-Tenn., and Patty Murray, D-Wash., as well as Reps. Virginia Foxx, R-N.C., and Bobby Scott, D-Va.

This is far from the first time that the civil rights community—and Democratic lawmakers—have questioned DeVos’ approach to plan approval. The Alliance for Excellent Education, one of the 17 groups that signed off on the letter, put together a legal brief questioning whether some of the plans that DeVos has approved meet ESSA’s requirements. And both Murray and Scott have written letters to DeVos saying she is flouting the law.

The four leaders plan to meet with DeVos at some point to discuss Democrats’ concerns with plan approval.

Read the full article here: May require an Education Week subscription.

Trump Fails in Bid to Slash Education Budget – Education Week

Trump Fails in Bid to Slash Education Budget – Education Week

Education Week logoPresident Donald Trump has pledged in the past to either eliminate or dramatically scale back the U.S. Department of Education—but he’s ended up signing a spending bill that increases the department’s budget to the largest number in its history.

The new spending level approved by Congress, after months of delay, amounts to a broad rejection of the more-austere budget proposal released last year by Trump and Secretary of Education Betsy DeVos. The president and the secretary sought to eliminate some department programs and cut back others, and create two new major school choice initiatives.

The fiscal 2018 spending bill Trump signed into law last month includes a $2.6 billion increase for the Education Department over fiscal 2017 levels. Included in the new budget for the department is a $300 million increase for Title I, the federal program earmarked for students from low-income backgrounds, up to $15.8 billion, as well as increases for programs dealing with students with disabilities and for career and technical education.

In addition, the budget preserves a $2.1 billion program for educator development, which the Trump administration’s fiscal 2018 budget request had proposed eliminating. Funding for after-school and a Title IV block grant that the Trump budget also sought to eliminate was increased as well…

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COMMENTARY: Dear Betsy DeVos, Don’t Bring Back Discrimination in School Discipline – Education Week

COMMENTARY: Dear Betsy DeVos, Don’t Bring Back Discrimination in School Discipline – Education Week

Education Week logoBy Vanita Gupta & Catherine E. Lhamon

Following the Marjory Stoneman Douglas High School mass shooting, courageous and inspiring students around the country are demanding action, refusing to believe that we can do nothing to stem America’s gun violence epidemic. In stark contrast, U.S. Secretary of Education Betsy DeVos has responded with plans to chair a new task force on school safety that will, among other things, consider the wholly nonresponsive goal of repealing Obama-era discipline guidance.

The departments of Justice and Education, whose civil rights units we had the privilege to lead during the Obama administration, crafted the 2014 guidance documents that are now under attack. Intended to help schools serve students more effectively, the guidance explains long-standing federal law prohibiting racial discrimination in school discipline and concretely outlines how schools can satisfy this law while maintaining classroom peace. The guidance makes clear to school administrators and communities what the law is and how to apply it to treat all students fairly. In addition, the guidance provides practical resources to reduce disparities in exclusionary discipline and improve school climate, including a 50-state compendium of laws related to school discipline. A best practices document highlights alternatives to out-of-school disciplinary techniques that work to maintain classroom peace. The goal was simply to ensure that all children have a chance to learn and thrive.

The reality is, many American schools have a problem: separate and unequal discipline practices that discriminate on the basis of race. We know from careful investigations we oversaw at the departments of Justice and Education that children of color and those with disabilities often receive harsher disciplinary interventions than their white and nondisabled counterparts—for the same offenses. In one investigation, school staff could not identify nondiscriminatory reasons for racially different disciplinary treatment of students in more than a quarter of the files investigated…

Read the full article here: May require an Education Week subscription.

Secretary DeVos Forms School Safety Commission

Secretary DeVos Forms School Safety Commission

Announces primary membership, first meeting and other key details

WASHINGTON – U.S. Secretary of Education Betsy DeVos today announced new details on the Federal Commission on School Safety the President appointed her to chair. The Commission has been charged with quickly providing meaningful and actionable recommendations to keep students safe at school. Accordingly, the Commission will be comprised of department heads whose agencies have jurisdiction over key school safety issues: Secretary DeVos, Attorney General Jeff Sessions, Secretary of Health and Human Services Alex Azar and Secretary of Homeland Security Kirstjen Nielsen.

The first organizational meeting will be Wednesday, March 28 in Washington, D.C. to discuss the scope of the Commission’s work, timeline, locations for meetings and topics for field hearings.

Input from and meetings with students, parents, teachers, school safety personnel, administrators, law enforcement officials, mental health professionals, school counselors, security professionals and other related stakeholders will be critical to the Commission’s work.

Additional details on stakeholder engagement both in Washington and across the country will follow the meeting on March 28.

“Over the last several weeks, I have held meetings with parents and non-profit organizations, who in the wake of tragedy, have leapt into action and have focused on finding solutions to school violence,” said Secretary DeVos. “The Commission’s task will be to hear their ideas and the ideas of anyone who is focused on finding solutions to bolster school safety across the country. We want to highlight what’s working so that every school has access to solutions that will keep students and teachers safe.”

Attorney General Sessions had this to say about the Federal Commission on School Safety’s work, “No child should have to be afraid to go to school. That’s why President Trump has taken action to strengthen law enforcement and to protect law-abiding people from the threat of gun violence. Since last month’s tragic shooting in Parkland, the Department of Justice has taken new steps to put more law enforcement officers in schools, ban bump stocks, get better information to our background check systems, and aggressively prosecute those who lie on a background check. I am confident that, by bringing together teachers, parents, and law enforcement officers, the School Safety Commission will inform the next steps we will take to give students safety and peace of mind.”

Secretary Azar added, “It is a core responsibility of government to keep our communities, and especially our schools, safe from all forms of violence. We at HHS look forward to contributing to the work of the Commission, especially when it comes to identifying young Americans struggling with serious emotional disturbance or serious mental illness and helping them find treatment that enables them to lead healthy, fulfilling lives.”

Secretary Nielsen said, “No child should have to worry about their safety when in school. The Department’s top priority is to keep the American people safe. I look forward to working with other Commission members to advance school security, including by promoting education and community awareness of school threats, capacity building and training to guard against them, and early warning mechanisms to help intervene before threats become tragedies.”

Members of the public with recommendations on how to increase school safety can send them to safety@ed.gov.

DeVos gets pushback on attempt to preempt state consumer protection

DeVos gets pushback on attempt to preempt state consumer protection

By Charlene Crowell

Beginning with a controversial nomination that ended in a tie-breaking Senate confirmation vote and continuing throughout her tenure as Education Secretary, Betsy DeVos has faced unceasing criticism. While Administration officials would be inclined to give her the benefit of the doubt, many across the country would argue that she is not serving the public’s interests.

A recent interview on CBS’ 60 Minutes provided an opportunity to address the nonstop criticism before a national audience. Instead, it prompted a new wave of critiques from viewers and news outlets alike.

More important than these recent headlines, however, is the Department’s attempt to stop states from holding student loan servicers and collectors accountable. Claiming that state consumer protection laws “undermine” federal regulator requirements, a non-binding memo is yet another assault on the 44 million Americans who together struggle with a still-growing $1.5 trillion in student debt.

It was about this time last year that Secretary DeVos withdrew three memos that would have required loan servicers, in their renegotiated contracts, to provide more intensive “high touch” servicing for borrowers threatened with default. Then late in the summer of 2017, she withdrew inter-agency working agreements between the Department and the Consumer Financial Protection Bureau (CFPB) commonly known as Memorandums of Understanding (MOUs). Prior to her joining the Education Department, these same MOUs led to a series of major enforcement actions against for-profit colleges like Corinthian and ITT Tech, as well as the nation’s largest student loan servicer, Navient.

With rollbacks in oversight and enforcement, the Education Secretary must think the department is doing a great job serving student loan borrowers that states should just butt out.  A new departmental memo claims as much.

In response, Massachusetts Attorney General Martha Healey, who filed a lawsuit earlier this month that alleged overcharges to students by the Pennsylvania Higher Education Assistance Agency was just as direct as she was quick to speak up.

“Secretary DeVos can write as many love letters to the loan servicing industry as she wants, I won’t be shutting down my investigations or stand by while these companies rip off students and families,” Healey said in a statement to The Intercept. “The last thing we need is to give this industry a free pass while a million students a year are defaulting on federal loans.”

Thank goodness for state AGs like Healey. Federal enforcement of consumer protection is currently at a real low.

When Mick Mulvaney was named Acting CFPB Director, a change of direction from consumer enforcement to education and information was promptly announced with a series of more changes. In Mulvaney’s view, CFPB would no longer use aggressive enforcement to hold financial service providers accountable. On his watch, consumers have basically been told not to expect much from CFPB, while businesses have been catered to and even asked to advise Mulvaney and company of what appropriate regulation looks like.

So, if the Department of Education is not going to work with CFPB to resolve complaints and CFPB is not interested in consumer enforcement, why try to tie the hands of states who only seek to protect their own residents?

Whitney Barkley-Denney, a policy counsel with the Center for Responsible Lending, addressed the impacts to consumers of color.  “Due to racial disparities in income and wealth, the consumers hardest hit by these debts are consumers of color. While the federal government continues to find ways to placate these companies, states are ready and willing to serve the best interests of borrowers and taxpayers.”

The National Governors Association (NGA) agrees with Barkley-Denney.

In a related statement, the NGA said, “Last week’s declaration on student loan servicing from the U.S. Department of Education seeks to preempt bipartisan state laws, regulations and ‘borrower bills of rights’ currently in place and under consideration in more than 15 states…. States have stepped up to fill the void left, we believe, by the absence of federal protections for student loan borrowers, from potential abusive practices by companies servicing student loans.”

Randi Weingarten, President of the American Federation of Teachers was even more candid.

“With this move, she [Secretary DeVos] has castrated any state legislators and attorneys general from providing meaningful oversight of student loan services, yet she continues to fail to do so herself,” said Weingarten.

In 2017, a CFPB report showed that during the past five years, more than 50,000 student loan complaints were filed. Additionally, more than 10,000 other related debt collection complaints were filed on both private and federal student loans.

Where these complaints originate is equally eye-opening.  In just one year, from 2016 to 2017, the growth in the number of student loan complaints exceeded 100 percent in 11 states: Georgia, Indiana, Louisiana, Mississippi, Montana, North Carolina, South Carolina, Pennsylvania, Texas, Washington State and West Virginia.

It’s enough to make one wonder, ‘Who is our federal government actually serving?’

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