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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.

'making american education great again'

Betsy DeVos, reportedly opposed to rolling back protections for transgender students, defends the changes

If Education Secretary Betsy DeVos opposed rolling back protections for transgender students behind the scenes this week, she wasn’t letting it show Thursday when she spoke to many of the country’s staunchest conservatives.

“This issue was a very huge example of the Obama administration’s overreach, to suggest a one-size-fits-all, federal government approach, top-down approach, to issues that are best dealt with and solved at a personal level and a local level,” DeVos said.

“I have made clear from the moment I have been in this job that it’s our job to protect students and to do that to the fullest extent that we can,” she continued. “And also to provide students, parents, and teachers with more flexibility around how education is delivered and how education is experienced, and to protect and preserve personal freedoms.”

The remarks, which DeVos made at the Conservative Political Action Conference in Maryland, came the day after the Trump administration officials rescinded federal guidance instructing schools to allow transgender students to use bathrooms of their choice. The New York Times reported that DeVos — who faced tough questions in her confirmation hearing about her support for gay rights — had opposed the changes, but lost a power struggle with Attorney General Jeff Sessions and President Donald Trump.

DeVos’s statement about the changes on Wednesday emphasized that she was committed to “protecting all students, including LGBTQ students.” States, districts, and schools that have established their own protections for transgender students will be able to continue to enforce those.

But some see the changes as an unnecessary blow to students vulnerable to bullying and whose rights to spaces like bathrooms aren’t specifically protected in many parts of the country.

“Supports for transgender students in K-12 schools change and save lives, and hurt no one,” Dr. Eliza Byard, the head of GLSEN, an advocacy group focused on the rights of gay students in schools, said in a statement.

Betsy DeVos

‘Receive mode’? The D.C. school DeVos visited responded to her criticism with a withering tweetstorm

PHOTO: U.S. Department of Education
U.S. Education Secretary Betsy DeVos at Howard University.

Washington D.C.’s Jefferson Middle School Academy is standing up for its teachers after U.S. Education Secretary Betsy DeVos said they are “waiting to be told what they have to do.”

DeVos made the comments in one of her first interviews since being confirmed last week. She said teachers at the school — the first one she visited on the job — were “sincere” but seemed to be in “receive mode,” which she said “is not going to bring success to an individual child.”

The school took to Twitter late Friday to make its case. In 11 messages, the school described several teachers who creating new programs and tailoring their teaching to meet students’ considerable needs.

“JA teachers are not in a ‘receive mode,'” read the final message. “Unless you mean we ‘receive’ students at a 2nd grade level and move them to an 8th grade level.”

The former and current D.C. schools chiefs have also weighed in. Chancellor Antwan Wilson, who accompanied DeVos on her school visit, issued a statement praising the teaching at Jefferson Academy. And his predecessor, Kaya Henderson, tweeted her withering take on DeVos’s comments:

Here’s the full tweetstorm from Jefferson Academy, which D.C. Public Schools considered a “rising school” because of its good -but-not-great test scores.

DeVos later added: