Secretary v. secretary

Arne Duncan criticizes Betsy DeVos on civil rights, says she hasn’t asked for his advice

PHOTO: Chuck Kennedy/The White House

When Arne Duncan became U.S. Secretary of Education, he asked predecessors of both parties for advice. That’s why he’s disappointed that he hasn’t gotten a similar call from the new secretary, Betsy DeVos.

“I reached out to everybody, not as a courtesy but because I had so much to learn — whether it was Secretary Riley who happened to serve a Democratic president or whether it was Secretary Spellings or Rod Paige,” both of the George W. Bush administration, Duncan said. “You’re going to agree on some things and disagree on others, but at the end of the day you’re all there for the same reason, theoretically.”

“What I learned from them was invaluable,” he said.

Duncan has become a sharp critic of DeVos’s tenure to date, especially the education department’s decision to rescind guidance related to transgender students and the Trump administration’s budget proposal. He’s gone so far as to tell charter leaders to refuse federal charter dollars if they came alongside large cuts to all public schools. He said that it would amount to “blood money.”

The budget has also been criticized by DeVos’s immediate predecessor, John King.

“Any rollback on rights — whether it’s special needs kids, LGBT kids, any rollback in terms of Title IX enforcement, civil rights enforcement — that’s a little mind-boggling to me, hard to understand, hard to justify,” said Duncan, who is now a managing partner at the Emerson Collective, working with young men to reduce gun violence in Chicago. (The Emerson Collective, through the Silicon Valley Community Foundation, supports Chalkbeat.)

Liz Hill, the Department of Education’s press secretary, defended the department’s Office of Civil Rights and DeVos’s record in a statement.

“During the prior administration, [the Office of Civil Rights’] reputation as a fair and neutral enforcer of the nation’s civil rights laws suffered as it sacrificed timely, neutral adjudications of individual complaints in favor of data collection efforts. Under this system, too many students waited months and even years for adjudication. That will not be the case under this Administration,” Hill said. “The Secretary’s commitment to OCR’s mission is unwavering and the office will defend all students to the fullest extent possible under the law.”

Meanwhile, as secretary, DeVos has issued a number of criticisms of the Obama administration, including Duncan’s school turnaround initiative. The fact that a federal study did not find benefits of the expensive program has become a favorite talking point of DeVos.

Sniping between a former Obama administration official and a Trump cabinet head would normally be unremarkable. But Duncan’s comments are more complicated because the education reform movement — including the expansion of charter schools and efforts to hold schools and teachers responsible for student test scores — has long held a bipartisan imprimatur.

Duncan, in particular, has received praised from the likes of Republicans Mitt Romney, Jeb Bush, Chris Christie and Lamar Alexander. (Many conservatives, though, soured on his approach, arguing that he engaged in federal overreach by incentivizing states to adopt the Common Core standards, among other moves.)

And Duncan, like DeVos, has supported the growth of charter schools. His signature initiative, Race to the Top, pushed states to lift or eliminate caps on charter schools. DeVos’s home state of Michigan, for instance, passed a 2010 law that expanded charters and allowed for the creation of two fully virtual schools in order to compete for federal money.

Duncan tried to distinguish his position on charter schools from DeVos’s.

“When you just focus on proliferation or growth rather than on quality, you absolutely hurt the movement,” he said. “I am not a supporter of charters; I’m a supporter of high-quality charters.”

Some say that Duncan’s policies haven’t always led to that — like in Michigan, where critics say the charter sector has lacked oversight and produced chaos. Last year, John King described the performance of Michigan charter schools as “uneven.”

Does Duncan have any regrets about his role in expanding charters?

No, Duncan said, pointing to a speech he gave in 2013 to the National Alliance for Public Charter Schools where he reiterated his support for the charter movement but challenged its leaders to be “more vocal and to step out on charter schools that weren’t succeeding, bad charter schools.”

When DeVos spoke to same group earlier this year, she issued a different challenge, encouraging charter leaders not to see themselves as the best solution, but to focus on school choice more broadly. She remained mum on to what extent charters should be held accountable for their academic performance.

Duncan says he believes there should be four overarching national goals for education: to expand “high-quality” pre-kindergarten; continue to improve high school graduation rates; ensure graduates are ready for college and careers; and “lead the world in college completion rates.”

“I haven’t heard one sentence from this administration about any of those goals; it’s lot of small-ball stuff,” he said.

In response, Hill pointed to DeVos’s priorities. “The Secretary is championing a robust agenda to reduce the federal role in education, expand school choice and empower parents,” she said, along with making changes to the Higher Education Act and federal student aid to “better serve students and taxpayers.”

However, DeVos may soon have one thing in common with Duncan: The National Education Association, the country’s largest teachers union, demanded Duncan resign in 2014. Earlier this year, NEA issued a letter to DeVos listing a number of concerns. If she does not address them by Sept. 1, the group will call on her to resign, too.

the secretary speaks

In departure from Trump, Betsy DeVos calls out ‘racist bigots’ in Charlottesville

PHOTO: U.S. Department of Education
U.S. Education Secretary Betsy DeVos.

U.S. Education Secretary Betsy DeVos condemned “white nationalists, neo-Nazis and other racist bigots” in an email to her staff Thursday — without mentioning President Trump, whose equivocal stance on the racist violence in Charlottesville last weekend has drawn widespread criticism.

“While we should be anticipating and celebrating students’ returns to campuses across the country, we are engaged in a national discussion that has stirred ugly, hate-filled conversations and reopened hurtful wounds from shameful portions of our nation’s past,” DeVos wrote.

The letter was more pointed — describing the racist views as “cowardly, hateful and just plain wrong” — than DeVos’ initial tweets on the events. She has been silent since those posts until now.

 

In her email to staff, she emphasized that individuals, and schools, had a part in combating hatred.

“We can all play a role. Mentor a student. Volunteer at a school. Lend a helping hand and offer a listening ear,” she wrote.

But DeVos did not specify what role, if any, the department’s policymaking would play. She has received persistent criticism from civil rights groups for proposed federal budget cuts, her stance on discrimination of LGBT students, and her appointment to head the Office of Civil Rights. (DeVos specifically notes that, “Our Department, and particularly the Office for Civil Rights, exists to ensure all students have equal access to a safe, nurturing, quality learning environment free from discrimination or intimidation.”)

Meanwhile, criticism of Trump and Devos from education advocates has intensified in recent days.

New York City charter school leader Eva Moskowitz — who was initially considered for the job DeVos now holds, and who led Ivanka Trump on a school tour — released a strongly worded letter condemning the Trump administration (though she did not mention DeVos). On Twitter, Kevin Huffman, the charter-friendly former Tennessee education commissioner, called on DeVos to resign, saying, “It is not viable to serve all kids under a POTUS who defends and encourages white supremacy.”

This is on top of persistent hostility from many left-of-center charter advocates, including one of DeVos’s predecessors, Arne Duncan, who called bumps in federal spending for charters “blood money” if they came alongside to Trump’s proposed cuts to education.

The note was sent to staff, rather than posted as a press release. DeVos has not been shy in the past about weighing in on topics beyond education — she quickly issued a statement praising Trump’s decision to leave the Paris climate change agreement, for example.

Here’s the text of her letter:

Team,

I write today with a heavy heart for our country. While we should be anticipating and celebrating students’ returns to campuses across the country, we are engaged in a national discussion that has stirred ugly, hate-filled conversations and reopened hurtful wounds from shameful portions of our nation’s past.

There is fear, pain, anger, disappointment, discouragement and embarrassment across America, and I know, too, here within the Department.

Last weekend’s tragic and unthinkable events in Charlottesville, which stole three innocent lives and injured many more, were wholly unacceptable. The views of white nationalists, neo-Nazis and other racist bigots are totally abhorrent to the American ideal. We all have a role to play in rejecting views that pit one group of people against another. Such views are cowardly, hateful and just plain wrong.

This is what makes our work so important. Our Department, and particularly the Office for Civil Rights, exists to ensure all students have equal access to a safe, nurturing, quality learning environment free from discrimination or intimidation.

Our own difficult history reminds us that we must confront, head-on, problems when and where they exist with moral clarity and conviction. Our nation is greater than what it has shown in recent days.

Violence and hate will never be the answer. We must engage, debate and educate. We must remind all what it means to be an American, and while far from perfect, we must never lose sight that America still stands as the brightest beacon for freedom in the world.

My hope is that we will use this as an opportunity to show that what unites and holds America together is far stronger than what seeks to divide and draw us apart. We can all play a role. Mentor a student. Volunteer at a school. Lend a helping hand and offer a listening ear.

Our work is truly the bridge to a stronger future. Let’s recommit ourselves to ensuring the future is brighter for all.

Betsy

choice for most

Chalkbeat explains: When can private schools discriminate against students?

PHOTO: Julia Donheiser

Over $16 million of public funds went to Indiana private schools with anti-LGBT policies last year, a recent Chalkbeat investigation found.

You might be asking: Is it legal to discriminate against those students?

The answer is yes, and that’s become a focus of the national debate about school choice. (U.S. Education Secretary Betsy DeVos fanned the flames on this one when she offered ambiguous answers about whether all students would be welcome in schools that participated in a potential national voucher program.)

But the rules are tricky when it comes to private schools, especially religious ones. Here’s your guide to understanding when, why and how private schools can say no to certain students.

Are there laws in place that prevent discrimination against LGBT students?

There is no federal legislation explicitly protecting LGBT students from discrimination in schools. That means when it comes to gender and sexuality, Title IX of the Civil Rights Act — which prohibits discrimination on the basis of sex — is the main piece of legislation in play.

Title IX applies to private schools that accept federal funds — and many private schools do, usually through school breakfast or lunch programs, grants, or funding for low-income students.

However, some schools qualify for exemptions. All-boys or all-girls schools are allowed to restrict their admissions accordingly, for example.

Most important to the discussion of LGBT students: Private schools run by religious organizations are exempt “to the extent that application of Title IX would be inconsistent with the religious tenets of the organization.” A majority of private schools in the U.S. are religious, which means that most private schools are free to discriminate against LGBT students on religious grounds.

In Indiana, Chalkbeat found that at least 27 schools that accept vouchers have policies that suggest or declare that LGBT students are unwelcome.

What about private schools that aren’t religious?

At non-religious private schools, Title IX’s nondiscrimination rules do apply. But a change in interpretation means the law offers fewer protections to transgender students than it has in the past.

Under the Obama administration, the ban on discriminating on the basis of sex was interpreted as related either to biological sex or to gender identity. However, the Trump administration rescinded guidance on that front — meaning the federal government considers Title IX to only bar discrimination based on a student’s biological sex.

Do any states have laws that prevent discrimination against LGBT students?

Many states have implemented their own nondiscrimination policies regarding sexual orientation and gender identity — in the world of public education. But no voucher programs have such policies in place, research shows.

As a result, private schools are free to turn away LGBT students while still receiving public funding for accepting vouchers.

What about other forms of discrimination?

Private schools can’t discriminate on the basis of race if they want tax-exempt status. The executive director of the Council for American Private Education, Joe McTighe, said he wasn’t “familiar with any nonprofit private schools that elect against tax-exempt status.”

If private schools accept federal funds, they are also bound to Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color or national origin.

When it comes to students with disabilities, private schools have more leeway to turn students away.

This is partly because students who choose to attend a private school — including through a voucher program — forfeit their right to a “free appropriate public education” that they are otherwise guaranteed by the Individuals with Disabilities Education Act.

Another law, the Americans with Disabilities Act, bars discrimination on the basis of disability and requires private schools to accept students so long as only “minor adjustments” are needed to accommodate them. But it exempts religiously run private schools.

Under a third law, Section 504 of the Rehabilitation Act, those protections apply to religious schools, too — if the school receives federal funds.