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DeVos D茅j脿 Vu: Battles on Vouchers, ESSA, Title IX Confront Ed Dept. Picks in Confirmation Hearing

Photo credit: Chip Somodevilla/Getty Images

Washington, D.C.

The familiar battles that have surrounded Education Secretary Betsy DeVos since her own contentious confirmation 鈥 private school choice, implementation of the Every Student Succeeds Act, Title IX, and even guns 鈥 remained at the fore Wednesday afternoon as a Senate committee considered two top Education Department nominees.

The Senate Health, Education, Labor and Pensions Committee considered the nominations of retired Brig. Gen. Mitchell Zais to be deputy secretary and James Blew to be assistant secretary for planning, evaluation, and policy development.

Much of the focus stayed on those hot-button issues because 鈥斅爋ther than Chairman Lamar Alexander 鈥斅爊o Republican asked any questions of Zais or Blew, or the two Labor Department nominees who also testified Wednesday.

Democrats zeroed in particularly on vouchers, which DeVos advocated both before becoming secretary and in her first budget proposal.

Zais, after a career in the Army, served as president of Newberry College, a Christian college in South Carolina, and for one term as state superintendent in South Carolina, an elected position. As the department鈥檚 would-be No. 2, he got far more questions than Blew.

He was clear that his views on choice align with those of the Trump administration.

鈥淭he contentious issues in K-12 education are simple to me,鈥 he said, noting that he will always favor supporting students over systems.

鈥淚 believe that one size doesn鈥檛 fit all in education and that low-income families deserve the same right that high-income families have always enjoyed, which is to choose a loving environment, which is a good fit for their child,鈥 he said.

Blew, who has led various education reform groups, most recently Student Success California, meanwhile, offered a 鈥渞inging endorsement鈥 of the 鈥渓imited but very important鈥 role the federal government has in education, specifically enforcement of civil rights laws and assistance for low-income students and children with disabilities.

(LA School Report:

Democrats on the committee sparred with Zais and Blew over familiar voucher themes: whether evidence shows they work, and whether special education protections apply, a continuing source of rancor in DeVos鈥檚 dealings on Capitol Hill.

Zais, in response to a question from Sen. Al Franken, said that 鈥渢he result is improved outcomes鈥 when parents are given a choice. Franken then cited a New York Times article that showed poor results from large voucher programs in Ohio, Florida, and Indiana. Zais said he wasn鈥檛 aware of that research and conceded that his 鈥渋mproved outcomes鈥 assessment was 鈥渁necdotal.鈥

Blew, responding to questions from two senators, meanwhile, reiterated that schools that receive federal dollars must follow the Individuals with Disabilities Education Act. Democrats had pointed to a Florida scholarship program in which families with special needs children give up some legal rights under the law in exchange for tuition assistance.

Sen. Patty Murray, the committee鈥檚 top Democrat, who led a narrowly unsuccessful attempt to block DeVos鈥檚 confirmation, said that Congress didn鈥檛 permit ESSA to be used to push vouchers on states.

鈥淚鈥檓 going to work every day to make sure the department doesn鈥檛 overreach on that area,鈥 she said.

She also reiterated her concerns that the Education Department was approving state accountability plans that don鈥檛 comply with the law鈥檚 guardrails designed to protect low-income students, children of color, and other historically underserved groups.

Zais said he鈥檚 unaware of the specifics of any state plan approved that doesn鈥檛 conform with the law, but he added that 鈥淚 can assure you that if confirmed, I will work to ensure that the federal law, as specified in ESSA, is followed.鈥

Alexander, too, focused on ESSA, but on his well-known concern that the Education Department shouldn鈥檛 force its own edicts on states in violation of the underlying law.

He exacted a promise from Zais that he wouldn鈥檛 overstep the law鈥檚 boundaries.

鈥淚 understand absolutely the job of the secretary and the Department of Education is to ensure that state plans comply with the law 鈥 no more, no less,鈥 Zais said.

The issue of guns didn鈥檛 touch on grizzly bears, as it did in much-mocked fashion during DeVos鈥檚 January hearings. Instead, Sen. Chris Murphy of Connecticut asked whether Zais backed a via a curriculum 鈥渄eveloped or recommended by the National Rifle Association.鈥

鈥淚t does not seem appropriate to me that any political group should be able to write curriculum for our nation鈥檚 students,鈥 Murphy said.

Zais said he believes students should be familiar with the Second Amendment, but doesn鈥檛 back an NRA-crafted curriculum and didn鈥檛 support that bill.

Murray also asked about still-pending guidelines for how campuses should handle allegations of sexual assault under Title IX. DeVos earlier this fall revoked Obama-era rules.

鈥淭hat lack of movement is particularly concerning as interim guidance appears inconsistent with previous guidance 鈥︹ and seems to let schools off the hook for protecting survivors, Murray said.

Blew said he 鈥渉ear[d] your impatience about the lack of movement鈥 but said it would be inappropriate to comment on the process itself.

Both Blew and Zais said that sexual assault is unacceptable, and Zais said the department should promulgate clear guidance to help colleges adjudicate the issue.

The committee was also slated to consider the nomination of Timothy Kelly to be assistant secretary for career, technical, and adult education. The administration withdrew his nomination after finding Kelly鈥檚 personal blog on which he had written posts offensive to Muslims, efforts to recruit women and girls into science careers, and Head Start parents, .

Besides DeVos, Peter Oppenheimer, assistant secretary for legislation and congressional affairs, is the only nominee confirmed by the full Senate. Three other nominees, in addition to Blew and Zais, are pending. The Trump Administration Wednesday evening announced the nomination of Johnny Collett to be assistant secretary for special education and rehabilitative services. Collett is currently the director of special education outcomes at the Council of Chief State School Officers.

An initially very slow pace for Education Department nominations 聽鈥 at one point earlier this fall, leaving the department with the highest vacancy rate of any Cabinet-level agency 鈥 has picked up in recent months.

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