schools' choice

Betsy DeVos’s comments on discrimination drew headlines, but her stance isn’t unique among private school choice backers

PHOTO: Matt Barnum
U.S. Education Secretary Betsy DeVos at Providence Cristo Rey in Indianapolis.

Betsy DeVos drew incredulous reactions this week when she said she would let states decide on the rules for voucher programs vying for federal money — including whether schools that discriminate against LGBT students could participate.

But the education secretary’s position isn’t out of the mainstream among voucher supporters, or out of step with how private school choice programs work across the country.

For instance, Robert Enlow of the Indianapolis-based EdChoice, a group that advocates for vouchers, emphasized that his group does not support discrimination but declined to take a position on whether private schools that receive public funds should be prohibited from discriminating based on sexual orientation.

“As an organization we are working [toward] our position” on that issue, he told Chalkbeat, the day before DeVos’s comments to Congress. “It is something we are concerned about and that we need to confront head on, but we don’t have a position yet.”

That stance is also reflected in model private school choice legislation from the American Federation for Children, the advocacy group that DeVos used to lead. It says only that schools should comply with federal discrimination law, and does not include rules regarding sexual orientation. A spokesperson for the group did not immediately respond to a request for comment.

Voucher programs give families public funds to pay private school tuition. The vast majority of private schools in the country are religious; in Indiana there are just seven non-religious private schools participating in the state’s voucher program, compared to nearly 300 Christian schools.

Federal law bans discrimination based on “race, color, or creed” in private schools that receive tax exemptions but is silent on the issue of sexual orientation. According to a 2016 study, no school voucher program in the country includes such protections, meaning that students or families who elect to participate may have no legal recourse if they face discrimination based on sexual orientation.

And a number of schools that are part of publicly funded private school choice programs in Indiana, North Carolina, and Georgia — initiatives backed by national school choice groups — include explicitly anti-gay language.

Blackhawk Christian School in Fort Wayne, Indiana, says in its handbook that it may refuse admission or expel a student for “practicing homosexual lifestyle or alternative gender identity, promoting such practices, or otherwise having the inability to support the moral principles of the school.”

Another Indiana school highlights differences between public schools and private Christian schools on its website, including that while teachers in public schools “may be straight or gay,” those in private schools are “committed believers seeking to model Christ before their students.” Both schools participate in Indiana’s school voucher program.

Choice programs differ. Some, like Washington, D.C.’s federally backed initiative, prohibit discrimination based on religion or gender, while other don’t. Attempts to ban discrimination based on sexual orientation in D.C.’s program have been voted down by Republicans in Congress.

Public schools are not free from discrimination, according to survey data compiled by GLSEN, a group that pushes for fair treatment of LGBT students in school. According to the survey, LGBT students reported experiencing more discrimination in private religious schools as compared to public schools — but were less likely to experience verbal or physical harassment in private schools.

Supporters of school choice worry that banning discrimination would stop some private schools from participating in voucher programs and prevent them from practicing their religion.

“If you support private school choice, then you have to be comfortable with allowing private schools to remain private,” Michael Petrilli of the conservative Fordham Institute said earlier this year. “One part of that is allowing them to be religious, to have a set of values they believe in, and to have an admissions process to make sure kids are a good fit for their program.”

Enlow pointed to research compiled by EdChoice that private schools instill a greater sense of tolerance and civic virtue than public schools.

Enlow suggested that questions of discrimination can be addressed locally. “We believe that families and schools working together can solve this,” he said.

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.