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Worried Betsy DeVos could ‘destroy’ public education? Here’s what you should know

PHOTO: RJ Sangosti/The Denver Post

Betsy DeVos earned more opposition than any of President Trump’s cabinet picks — and any nominee for education secretary in history.

During that historically divisive process, her critics charged that DeVos wanted to “destroy” public education. Is that charge legitimate or overblown? Now that DeVos has been confirmed, here’s what you should read to start getting a handle on the possibilities.

Fear: She’s going to promote private, religious schools.

DeVos has been among the most powerful advocates of vouchers, which which allow students to use public funds to pay for tuition at private schools, and she has also said her motivation to improve education relates to her desire to “advance God’s kingdom.”

Her opponents argue that vouchers drain support from the public schools that serve the vast majority of the nation’s students, including those students with the highest needs, and that DeVos’s approach skirts too closely to the separation of church and state enshrined in the constitution. They fear DeVos could end public education by diverting all taxpayer dollars to private schools, including religious schools.

DeVos has said she won’t impose voucher programs — and she can’t, because such programs are up to states to create. Willing state legislatures could seize the moment to grow voucher programs. But a more sweeping impact could come from a policy that DeVos’s lobbying group promoted — a tax-credit program that allows families to donate to private school scholarship funds for their children to use. That approach is already in place in 17 states.

NPR explains why this approach is likely to appeal to DeVos, and how it could work:

It unites three broad concepts that DeVos is friendly toward: 1) Privatization 2) religious education and 3) a hands-off approach to accountability for private schools. …

The tax-credit structure is especially significant when considering what could happen under DeVos in the Trump administration, because it could be a way to promote school choice on a federal level without writing big checks. “There isn’t that much money that is fungible from the federal education budget,” points out Samuel Abrams, an expert in education policy at Teachers College, Columbia University.

Broad support for tuition tax-credits would open up a new frontier in education policy-making, according to Michael Petrilli, president of the Thomas B. Fordham Institute, which supports vouchers. Someone would have to decide whether private schools that receive vouchers are held accountable for student performance and how poor students must be to qualify.

“Is it the feds? Is it the states?” Petrilli said. “It’s all kind of up for grabs.”

Fear: She’s going to end the federal education department’s support for civil rights.

Under Obama, the Education Department stepped up enforcement of civil rights policies and issued guidance on issues affecting transgender students. Civil rights groups are concerned the Trump administration will scale back the Office of Civil Rights, especially given Trump’s apparently limited appetite for protecting or prioritizing marginalized groups.

The Atlantic convened several advocates with an eye on the office to understand what its future could look like under Trump and DeVos. While they had varying opinions about the role of the office under Obama, there was consensus that the Office of Civil Rights will be what DeVos makes of it. Said a leading advocate for transgender students, whom the Obama administration moved to safeguard:

OCR’s mission will not change. How effective it is in carrying out that mission will depend in large part on the resources provided by Congress and the leadership provided by the president and his appointees.

Fear: She’s going to change or dismantle the Individuals with Disabilities Education Act.

IDEA is the bedrock federal law that guarantees disabled students access to an appropriate public education. So when DeVos said during her confirmation hearing that its enforcement should be left up to states — a claim that she said was made out of confusion — advocates worried that she might not be committed to protecting the rights of students with disabilities.

Since then, DeVos has tried to tamp down the perception that her lack of knowledge about the law means she doesn’t support it. And more important, ignoring the law would invite immediate lawsuits, and altering it would require congressional action by lawmakers whose constituencies all include families of students with disabilities.

The biggest possibility for change: DeVos-supported programs could allow more students to opt out of the protections that IDEA offers. She’s a fan of state voucher programs directed at students with disabilities, which can require parents to waive their children’s rights under that law.

One mother, Bernadette Kerrigan, laid out the trade-off of sending her child to private school using one such voucher in Education Week:

Kerrigan also had to come up with another $18,000 that year to cover tuition costs that the $5,000 part-year voucher did not meet.

Kerrigan said she is grateful for the money. Emma, who will start 6th grade in the fall, is thriving at her new school. The family expects to receive a larger voucher in future years, but it will still cover only a fraction of the school’s $23,000 tuition.

But giving up the civil rights afforded to public school students under the special education law is a sacrifice, Kerrigan said.

Fear: She’s going to gut the federal funding system for schools serving poor students.

The idea that poor students cost more to educate, and thus should be entitled to additional funding, has been enshrined in federal law for more than half a century, and “Title I” funds pump more than $14 billion a year into the nation’s schools. Until now, the funds have always flowed to schools, under the premise that schools with many poor students have steeper challenges than schools with few poor students.

But DeVos told Sen. Al Franken that she would prefer a system that assigns the funds to students, not schools. Vox’s explainer on Trump’s school choice proposal summarizes the policy’s appeal to Republicans:

Republicans have long wanted to turn this program into a voucher. Instead of money going to schools based on the composition of their student body, Title I would “follow the child.” Every disadvantaged student a school enrolled would come with a small pile of federal cash to help pay for his or her education. And schools would get the money whether they were public, private, or charter.

This idea, known as “Title I portability” in education circles, is by now a mainstream Republican policy proposal. Ronald Reagan called for turning Title I into vouchers during his presidency. Mitt Romney wanted to turn both Title I and special education funding into vouchers during his 2012 presidential run. Sen. Lamar Alexander, the Tennessee Republican who chairs the Senate education committee, introduced a budget amendment to turn Title I into a voucher that could be used at private, public, or charter schools in 2013.

Congress would have to approve changes to Title I rules, and local school advocates are unlikely to get behind portability in large numbers. But if there were ever a moment for such a change to be possible, it’s now.

Dylan Peers McCoy and Alex Zimmerman contributed reporting.

devos watch

Asked again about school staff referring students to ICE, DeVos says ‘I don’t think they can’

Education Secretary Betsy DeVos testifies during a Senate Appropriations Subcommittee hearing on Capitol Hill, June 5, 2018 in Washington, DC. (Photo by Mark Wilson/Getty Images)

Pressed to clarify her stance on whether school staff could report undocumented students to immigration authorities, Education Secretary Betsy DeVos avoided giving a clear answer before eventually saying, “I don’t think they can.”

It was an odd exchange before the U.S. Senate Appropriations Subcommittee, during a hearing that was meant to focus on budget issues but offered a prime opportunity for Senate Democrats to grill DeVos on other topics.

Chris Murphy, a Democratic senator from Connecticut, focused on DeVos’s comments a few weeks ago at House hearing where she said that it was “a school decision” whether to report undocumented students to Immigration and Customs Enforcement.

Civil rights groups responded sharply, calling it an inaccurate description of the department’s own rules and the Supreme Court case, Plyler v. Doe, that says schools must educate undocumented students.

In a statement after that hearing, DeVos seemed to walk back her comments, saying, “Schools are not, and should never become, immigration enforcement zones.” DeVos also referenced the Plyler case on Tuesday, while initially avoiding multiple chances to offer a yes or no response to whether school officials could call ICE on a student.

In response to DeVos’s latest remarks, her spokesperson Liz Hill said, “She did not avoid the question and was very clear schools are not, and should not ever become, immigration enforcement zones. Every child should feel safe going to school.”

Here’s the full exchange between DeVos and Murphy:

Murphy: Let me ask you about a question that you were presented with in a House hearing around the question of whether teachers should refer undocumented students to ICE for immigration enforcement. In the hearing I think you stated that that should be up to each individual state or school district. And then you released a follow-up statement in which you said that, ‘our nation has both a legal and moral obligation to educate every child,’ and is well-established under the Supreme Court’s ruling in Plyler and has been in my consistent position since day one. I’m worried that that statement is still not clear on this very important question of whether or not a teacher or a principal is allowed to call ICE to report an undocumented student under federal law. Can a teacher or principal call ICE to report an undocumented student under current federal law?

DeVos: I will refer back again to the settled case in Plyler vs. Doe in 1982, which says students that are not documented have the right to an education. I think it’s incumbent on us to ensure that those students have a safe and secure environment to attend school, to learn, and I maintain that.

Murphy: Let me ask the question again: Is it OK – you’re the secretary of education, there are a lot of schools that want guidance, and want to understand what the law is — is it OK for a teacher or principal to call ICE to report an undocumented student?

DeVos: I think a school is a sacrosanct place for student to be able to learn and they should be protected there.

Murphy: You seem to be very purposefully not giving a yes or no answer. I think there’s a lot of educators that want to know whether this is permissible.

DeVos: I think educators know in their hearts that they need to ensure that students have a safe place to learn.

Murphy: Why are you so — why are you not answering the question?

DeVos: I think I am answering the question.

Murphy: The question is yes or no. Can a principal call ICE on a student? Is that allowed under federal law? You’re the secretary of education.

DeVos: In a school setting, a student has the right to be there and the right to learn, and so everything surrounding that should protect that and enhance that student’s opportunity and that student’s environment.

Murphy: So they can’t call ICE?

DeVos: I don’t think they can.

Murphy: OK, thank you.

DeVos in Detroit

Betsy DeVos’s first Detroit visit featured Girl Scouts, robots, and talk of beluga whales

PHOTO: Kimberly Hayes Taylor
U.S. Education Secretary Betsy DeVos takes pictures on her phone during the FIRST Robotics World Championship, held in Detroit on April 27, 2018.

Betsy DeVos was all smiles on Friday as she toured the world’s largest robotics competition and congratulated student contestants.

The event was her first visit to Detroit as education secretary. DeVos, a Michigan-based philanthropist before joining the cabinet, has a long history of involvement with the city’s education policies.

It was a friendly environment for the secretary, who has often faced protesters who disagree with her stance on private school vouchers or changes to civil rights guidance at public events. (Even her security protection appeared to be in a good mood on Friday.)

Here are four things we noticed about DeVos’s visit to downtown and the FIRST Robotics World Championship.

1. She got to talk to some local students after all.

DeVos didn’t visit any Detroit schools, and didn’t answer any questions from reporters about education in Michigan. But as she toured the junior LEGO competition, she did stop to talk to a handful of Girl Scouts from the east side of the city.

PHOTO: Kimberly Hayes Taylor

2. She knows a thing or two about beluga whales.

She also stopped to stop to chat with students from Ann Arbor who called themselves the Beluga Builders and designed a water park that economizes water. DeVos asked how they came up with their name, and they told her how much they love the whales. “They have big humps on their heads, right?” DeVos said. “Yes,” they answered in unison.

3. She is an amateur shutterbug.

She stopped often during her tour to shoot photos and videos with her own cell phone. She took photos of the elementary and middle school students’ LEGO exhibits and photos of the robotics competition.

PHOTO: Kimberly Hayes Taylor

4. She was eager to put forth a friendly face.

As she stopped by students’ booths, she often knelt down to children’s eye level. When she posed for group pictures, she directed students into position. And she shook lots of hands, asking kids questions about their projects.