E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, MONDAY, FEBRUARY 6, 2017 No. 20 Senate The Senate met at 12 noon and was leaders permitted to speak therein for dent and treating many of these things called to order by the President pro up to 15 minutes. as if they are normal, but America tempore (Mr. HATCH). f knows they are not. We need Repub- licans to start recognizing it, saying it, f CONCLUSION OF MORNING and stepping up to the plate to do BUSINESS PRAYER something about it. The Chaplain, Dr. Barry C. Black, of- The PRESIDING OFFICER. Morning I understand my Republican col- fered the following prayer: business is closed. leagues will go along with the Presi- Let us pray. f dent 90 percent of the time, but there Gracious God of infinite goodness, EXECUTIVE SESSION are certain issues that are too impor- confirm Your past mercies to us by em- tant that demand putting country powering us to be faithful to Your com- above party. Now is the time to put mands. Help our lawmakers this day to EXECUTIVE CALENDAR country above party. First, on the Cabinet, our norms of use their understanding, affections, The PRESIDING OFFICER. Under good government and above all ethics health, time, and talents to do what the previous order, the Senate will pro- are being tested by a Cabinet unlike You desire. May they desire to please ceed to executive session to resume any other I have seen in my time in You with faithful service as You rule consideration of the nomination of public office. There are so many bil- their hearts without a rival, guiding Elisabeth Prince DeVos to be Secretary lionaires with so many conflicts of in- their thoughts, words, and works. of Education, which the clerk will re- terest and so little expertise in the Lord, enable them to fulfill their port. issues they would oversee. duty to love You with all their heart, The senior assistant legislative clerk Take the nomination we are now con- mind, soul, and strength. Take posses- read the nomination of Elisabeth sidering: Betsy DeVos for Education sion of their hearts, and order their Prince DeVos, of Michigan, to be Sec- Secretary. In my mind she is the least steps by the power of Your loving prov- retary of Education. idence. Pour down Your blessings upon qualified nominee in a historically un- RECOGNITION OF THE MINORITY LEADER our Senators that they may ever pro- qualified Cabinet. On conflicts of inter- mote liberty and justice for all. The PRESIDING OFFICER. The est, she ranks among the worst. In her We pray in Your sacred Name. Amen. Democratic leader is recognized. ethics agreement, which was delivered THE CABINET to the committee after the first hear- f Mr. SCHUMER. Madam President, I ing, it was revealed that she keeps in- PLEDGE OF ALLEGIANCE rise this morning to speak directly to terests in three family-owned trusts The President pro tempore led the my friends on the other side of the that have holdings in companies that Pledge of Allegiance, as follows: aisle. could be affected by matters related to I pledge allegiance to the Flag of the Now is the time to put country be- the Department of Education. Inde- United States of America, and to the Repub- fore party. I understand the pull of pendent ethics watchdogs have criti- lic for which it stands, one nation under God, party loyalty. I understand deference cized her ethics agreement for failing indivisible, with liberty and justice for all. to a new President. But from what we to deal with these conflicts of interest. f have seen in the first 2 weeks of this On philosophy of education, her administration, party loyalty is de- views are extreme. She seems to con- RESERVATION OF LEADER TIME manding too much of my Republican stantly demean the main purpose of The PRESIDING OFFICER (Mrs. colleagues on several issues. On the her job—public education. Nine out of FISCHER). Under the previous order, the matter of the Cabinet, on the matter of 10 American kids attend public schools. leadership time is reserved. the President’s Executive order on im- Her views on public education are a f migration, and on the matter of deal- major concern, particularly for Sen- ing with Russia, we need Republicans ators from rural areas. There is not a LEGISLATIVE SESSION to set aside partisan considerations in lot of choice of schools outside major favor of doing what is best for the metropolitan areas. If you don’t have a country; otherwise, our institutions of good public school in your neighbor- MORNING BUSINESS government, our Constitution, and our hood or in your community, you have The PRESIDING OFFICER. Under core American ideals may be eroded. nothing. Any Senator from a rural the previous order, the Senate will be My friends on the other side of the State should be worried about her com- in a period of morning business, with aisle are going along with the Presi- mitment to public education.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 23:34 Feb 06, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 6, 2017 We in New York have the third larg- TRAVEL BAN order. Lord knows how he came to it. est rural population in America. I am Madam President, second, the Presi- Every expert on terrorism will say worried for those schools where, if the dent’s Executive order on immigration there are a lot more important and bet- school is no good, you don’t have much and refugees is so poorly constructed, ter things that we need to do. choice; you don’t have any choice. so haphazardly implemented, so con- So let me repeat: The stakes are too Above all, and on basic competence, stitutionally dubious, so wrong in high for party loyalty to stand in the Mrs. DeVos has failed to make the terms of what America is all about, way of doing what is right to protect grade. She didn’t seem to know about and so contrary to our basic values as this country. We ought to scrap the the Federal education law that guaran- Americans that my Republican friends order and start over. The order not tees education to students with disabil- should feel a duty to country to help us only does not protect us from ter- ities. She could not unequivocally say rescind it. Several Members on the rorism but makes it worse. It stands in that guns shouldn’t be in the schools, other side—I think it is over a dozen— the face of what America is all about. and she didn’t seem to know about a have expressed concerns about it. Sev- Our country has welcomed immigrants, long simmering debate in education eral spoke out strongly and unequivo- and the beautiful lady with the torch policy about measuring growth versus cally about imposing any type of ban in the harbor of the city in which I live proficiency. Frankly, Mrs. DeVos’s an- during the campaign, but now that we has beckoned us for generations. swers at the hearings were embar- have such a ban, they are unfortu- RUSSIA rassing, not only for her but for my Re- nately silent. It is time for that silence Finally, Madam President, I ask my publican colleagues on the committee to end and for Republicans to step up Republican colleagues to put country who rushed her nomination through to the plate and start backing up their over party when it comes to Russia. with 5 minutes of questions, only one words with actions. This administration has shown a dis- round, and at 5 p.m. On Friday, the order was temporarily quieting reluctance to criticize Russia Cabinet Secretaries can’t be expected blocked by a Federal judge, Judge when it flouts international norms and to know everything, but this is dif- Robart. On Saturday, the President laws. The administration seems hesi- ferent. The nominee for Secretary of questioned his court credibility via tant to enforce new sanctions and has Education doesn’t know some of the tweet and then asked the country to even hinted at relaxing existing sanc- most basic facts about education pol- blame any potential attacks on the tions at what has always been our most icy. She has failed to show proficiency, country on the judge and the courts. and there is no longer any time for formidable enemy along with ISIS: He is not a ‘‘so-called’’ judge as the growth. Russia and Putin. The American people are speaking in President tweeted but rather a Senate- Unbelievably, just yesterday the one loud voice against this nominee. I confirmed Bush appointee. That is not President insinuated that the Russian have had many people come up to me how we do things here in America. and American Governments were some- There is a separation of powers for a in New York and say: I voted for Don- how morally equivalent. When asked reason. An independent judiciary is ab- ald Trump, but I am making calls about Putin’s authoritarian regime, solutely necessary to ensure Presidents about this nominee. Americans across President Trump responded: ‘‘There are the country in red and blue States have and Congresses do not break the law or a lot of killers. You think our country been flooding our offices with phone impinge on the Constitution, but this is so innocent?’’ Can you imagine if a calls and emails, asking the Senate to President has shown a certain callous- Democrat had said that? Every one of vote no on Betsy DeVos. Local news- ness when it comes to judges who rule these seats would be filled with people paper editorial boards, many of whom against his whim—Judge Curiel during decrying that kind of moral equiva- have endorsed Trump, are saying the the campaign and Judge Robart now. lence. same thing. Instead of attacking the judge, the Russia, a dictatorship where Putin My friends, the Senators from Maine President should be working with Con- kills his enemies, imprisons the press, and Alaska, were profiles in courage gress to tighten up security where it is and causes trouble anywhere he can in last week when they announced their actually needed. the world is morally equivalent to this opposition to her nomination, but, un- The President has said that if there great land? Come on. Where are you? fortunately, so far they are the excep- are attacks, the judge will be to blame. You know if the Democrats had said tion. We need just one more vote, and I will remind him that not one attack that you would be howling at the we can get a Secretary of Education on U.S. soil has been perpetrated by a moon, and rightfully so. But here, I who is a lot better than the one who refugee from one of the seven countries don’t hear much. was nominated. I ask my colleagues on in the Executive order. This order Vladimir Putin has little or no re- the other side of the aisle to follow the doesn’t make us any safer; if anything, spect for the diversity of his people, for courageous example of the Senators the Executive order increases the risk freedom of religion and expression, for from Maine and Alaska. We have an ob- of lone wolf attacks, our greatest a free press, for free and fair elections ligation as Senators—not as Repub- threat. That is what happened in San in Russia—and America, it seems—and licans and not as Democrats, but as Bernardino, it is what happened in Or- he has demonstrated on more than one Senators—to evaluate these nominees lando, and no authority less than Sen- occasion that he will go to any length and their fitness for office because ator JOHN MCCAIN has said exactly to silence political dissidents, includ- these nominees are going to wield im- that—that it will increase the likeli- ing murdering them. I would ask Presi- mense power over the lives of Ameri- hood of attacks by lone wolves, those dent Trump: Does that sound like cans for the next 4 years. I ask my Re- disaffected people who are egged on by America? Maybe in President Trump’s publican colleagues to look into their the evil ISIS. mind it does, but it sure doesn’t to conscience and cast their votes tomor- So I make this offer to my friends on most of America—just about every row, not based on party loyalty but the other side of the aisle: Join Demo- American. It is not the America that based on whether or not Mrs. DeVos is crats in rescinding the Executive order, this body represents. qualified to be our Nation’s leader on and we will work with you in a bipar- As I said, my Republican colleagues education policy. If one doesn’t meas- tisan way in good faith to actually ought to be aghast. I don’t think any- ure up, the Senate has a responsibility make our country safer. Close up that one from the other side would associate to reject the nomination. visa waiver program where people from himself or herself with those com- I realize it rarely occurs, but this countries—just because they are gen- ments. I am encouraged that the Re- should be an exception because she is erally friendly to us—are not checked. publican leader and other Senate Re- so uniquely unqualified, whether it We know places such as France and publicans have criticized the President comes to competence, whether it Belgium have homegrown terrorists for those dangerous remarks, but what comes to philosophy against the public lured by ISIS. They can get on a plane worries me most is the policy. Russia schools, or whether it comes to con- and come here far more easily than a is a persistent and strategic threat to flicts of interest, which still exist in refugee from those seven countries. this Nation. Will this administration far too many instances with Mrs. Let’s tighten that up. Instead, the cozy up to Putin and his oligarchs and DeVos. President gives us this Executive relax sanctions? Will they look the

VerDate Sep 11 2014 23:34 Feb 06, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.002 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S687 other way when Russia supports sepa- the floor for the next 24 hours, until they hear a rightwing conservative bil- ratists in Ukraine, commits human the final vote, to do everything we can lionaire more focused on her rights violations alongside Iran, to persuade just one more Republican antigovernment ideology than helping Hezbollah, and the Assad regime? to join us. our students, when they see that some- Putin is the kind of person who, if you I strongly encourage people across one who spent her career trying to de- give him an inch, he takes 10 miles. We the country to join us. Double down on stroy public schools has been nomi- all have come across people like that. your advocacy, keep making your nated to lead the Federal Agency dedi- President Trump’s rhetoric is ceding voices heard for these last 24 hours. cated to public education, they start to more of the battlespace to our enemies Over the past 3 weeks, I have heard a pay some attention. each day. So what we must do in this number of Republicans wonder why In a Senate hearing, when they see body is ensure that current sanctions Democrats and so many parents and that person so clearly lack any of the stay in place and are robustly enforced. teachers across the country were so fo- issues, when they see her unable to ex- We also need to increase sanctions on cused on this nomination in this mo- plain basic concepts in education pol- Russia for its interference with our ment. President Trump has done so icy, unwilling to make basic commit- election. We ask our colleagues to step much in these first few weeks, and so ments to not privatizing or defunding up to the plate, do what they know is many of his people he has nominated to our public schools, confused about the right, and join us in making sure that run critical agencies have not been need for Federal protections for stu- the President cannot unilaterally re- people I can support, but what is it dents with disabilities and so com- duce sanctions and that we strengthen about Betsy DeVos that has inspired so mitted to a rightwing agenda that she sanctions for what he has tried to do in much grassroots energy and opposition pointed to the need for guns in our schools to protect against ‘‘potential our election. The stakes are too high to across this country? grizzly bears’’ in response to a question let loyalty to this President—any I think I understand. It is very clear from a Senator representing the New- President—stop this body from doing to me. For the vast majority of people town families, people across the coun- the right thing for the American peo- across the country, public education isn’t just another issue, it is different. try pay even more attention, and they ple. start to make their voices heard. On the Cabinet and particularly Mrs. For those of us who owe everything we have to the strong public education we I am not surprised that opposition to DeVos, on the Executive order, the Betsy DeVos has caught fire across the received, for those who saw our chil- lack of respect for an independent judi- country. I am not surprised people are dren and grandchildren move through ciary, and on Russia, I ask my Repub- talking about it to their friends, writ- our public schools, for those of us who lican colleagues once again to consider ing letters to the Senators, and show- walked into a public classroom our- principle over party and their duty to ing up to protest when they have never country before deference to the Presi- selves to teach or have friends or fam- done anything like that before because dent. ily who have dedicated their lives to this is about their kids, their schools, Madam President, I yield the floor. teaching, for those of us who see the and their communities. It is about the The PRESIDING OFFICER. The Sen- role strong public schools play in our core idea that we are a nation that in- ator from Washington. communities, especially our rural com- vests in strong public education and Mrs. MURRAY. Madam President, munities, often offering an educational one that strives to guarantee the prom- over the last few weeks, people across and a community resource where it ise and opportunity it affords to every the country have continued to make simply wouldn’t otherwise be offered, student in our country—not that public their voices heard in opposition to the we believe that a commitment to education is perfect, of course not. We nomination of Betsy DeVos—moms and strong public schools is part of Amer- have a lot of work to do, but that work dads, grandmothers and grandfathers, ica’s core, the idea that every student should be directed toward strength- students young and old, and cities, in every community should have the ening public schools, not tearing them towns, urban, suburban, and rural com- opportunities that strong public down. Public education is something munities. People are standing up and schools offer. This is a notion that is that should be valued as an important they will not be silenced. Thousands embedded in our values. It is who we piece of the fabric of this Nation and upon thousands have joined protests in are. It is in our blood. the expansion of our middle class, not their communities. Hundreds of thou- For those people across the country scorned and ridiculed by billionaires sands have emailed or called their Sen- who feel that way, who believe those who never had any use for it them- ators, jamming our phone lines, things, the nomination of Betsy DeVos selves. swamping the voicemail system, and truly hits close to home. It was a slap Friday I spent a lot of time on the shattering records. Millions have en- in the face because she doesn’t ap- floor laying out my case in detail op- gaged on social media, sharing infor- proach this the way most of us do. She posing Betsy DeVos. I talked about the mation with their friends, signing peti- doesn’t cherish public education. She open questions that are remaining re- tions, and pressuring their elected offi- doesn’t value it. She is someone who garding her tangled finances and poten- cials. has dedicated her career and her inher- tial conflicts of interest. I ran through It has made a difference. Every single ited fortune to privatizing public the strong concerns with her record, Democrat will be standing with their schools, to tearing down public edu- her lack of experience, and her lack of constituents and opposing Betsy cation, to defunding it in order to push clear understanding of basic education DeVos. Just last week, two Repub- more taxpayer dollars into private issues. I discussed my strong belief licans announced their opposition as schools and for-profit charters. She has that her vision for education in Amer- well. I can tell you I know for a fact called public education ‘‘a dead end.’’ ica is deeply at odds with where par- there are other Republicans who are Where she sits from a distance, she has ents, students, and families across our feeling the heat and could come called it ‘‘an embarrassment.’’ She has country want to go. I went through the around. disparaged those who work in our pub- process of how Republicans jammed This nomination is dead even right lic schools, saying our best and our this nominee through our committee, now, on the razor’s edge. Fifty Sen- brightest ‘‘steer clear.’’ She has said cutting corners and doing everything ators, Democrats and Republicans will education is ‘‘an industry.’’ possible to protect her from scrutiny. I vote to reject Betsy DeVos. We need An industry? Well, for someone such will not go through all of that again just one more Republican to join us, to as she, a billionaire, rightwing activist now, but I do want to make one more stand on the side of students, parents, who spent her career and inherited for- point, one I hope will be compelling to and public education in America and tune buying and selling companies, she my Republican friends who are still re- say no to Betsy DeVos. just doesn’t understand an ‘‘industry’’ sisting pressure from their constitu- I come to the floor to kick off the that isn’t focused on profits and that ents and sticking with Betsy DeVos; final day of debate on this nomination. doesn’t exist in the free market. When that is, no matter what you think On Friday, I spoke at length, making people across the country hear some- about Betsy DeVos’s policy ideas, no my case for why the Senate should op- one such as Betsy DeVos say these matter what you think of her qualifica- pose Betsy DeVos. Democrats will hold things about public education, when tions to run this agency, no matter

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I vis- tion donated a beautiful library. There this job with no credibility inside the ited schools, talked to college students, is a jobs center, where parents can look agency she is supposed to lead, with no and heard from parents. No matter for employment, and a food bank, to influence in Congress, as the punch line where I went, in every part of our send kids home with something to eat in late-night comedy shows, and with- State, everybody wanted the same over the weekend. The school was out the confidence of the American thing: a good school, affordable college, transformed into a place where kids people. either community college or 4-year col- want to be, receiving the mayor’s A vote for Betsy DeVos is a vote for leges, and a fair shot at reaching their award for the greatest drop in students a Secretary of Education who is likely dreams. at risk for chronic absenteeism. It has to succeed only in further dividing us The U.S. Department of Education is been a success story. on education issues and who may try to supposed to help them get that oppor- In a little different part of town, Ben take steps to try to implement her tunity. Let me take a moment to talk Franklin High School exists, and it is anti-student agenda but would do so about what the Department of Edu- isolated geographically in the Brook- with people across the country. So cation means to some neighborhoods in lyn neighborhood. It is on a peninsula many of us in the Senate are on guard my State of Maryland. Not long ago, I at the southern part of the city. Brook- and ready to fight back. visited a pair of community schools in lyn is a historic waterfront neighbor- I urge my Republican friends—and we Baltimore City, the Historic Samuel hood with strong ties to manufac- just need one more—let’s cut this off Coleridge-Taylor Elementary School in turing. The Brooklyn community built right now. Let’s ask President Trump Upton/Druid Heights in West Baltimore ships for the United States in World to send us someone who is qualified, and the Benjamin Franklin High War II. Many families in Brooklyn who understands the issues, and who School in Brooklyn, South Baltimore. have been there for generations. As truly cares about public education. To- Upton/Druid Heights is a historic Afri- manufacturing left and Bethlehem gether, let’s stand with our constitu- can-American community in Balti- Steel closed—Bethlehem Steel provided ents and say no to Betsy DeVos. more. Supreme Court Justice Thurgood about 12,000 good-paying manufac- Madam President, I yield the floor. Marshall, jazz great Cab Calloway, and turing jobs—times got tougher for The PRESIDING OFFICER. The Sen- civil rights pioneer Lillie Mae Carroll those working families. ator from Maryland. Jackson all walked its streets, but In the year 2011, Benjamin Franklin Mr. VAN HOLLEN. Madam Presi- today it is a community in distress. was one of the bottom 5 percent of dent, I wish to start by thanking Sen- Most of its children live in poverty; 95 schools in the State of Maryland— ator MURRAY and the Members of the percent of the students at Samuel again, one of those schools that this HELP Committee for the work they Coleridge-Taylor Elementary are on nominee would have walked away from have done to cast light on the record free or reduced lunch. Despite its chal- in favor of vouchers. Again, the good and the lack of record of Mrs. Betsy lenges, it has a strong faith-based in- news is the Department of Education DeVos, President Trump’s nominee to stitution and community groups. Mrs. did not walk away. It provided extra be Secretary of Education. DeVos’s approach to schools such as funding to help turn things around. As the Senator from Washington has Samuel Coleridge-Taylor has been to Using the community schools model, told us, the more the American people give up on them, to abandon them, and they assessed and responded to the learn about the record of Betsy DeVos, to divert resources to voucher pro- needs of the students. the more concerned they become. The grams. Interns from the University of Mary- American people are making their Fortunately, the Department of Edu- land School of Social Work provided voices heard in every Senate office. cation did not abandon this school. In mental health services. The United The switchboard has been essentially 2012, it designated Upton/Druid Heights Way offers a workforce development shut down, and I can tell you that I as a Promise Neighborhood. The De- program and an onsite early childhood have received over 14,000 calls from partment provided resources to support development center that helps teen Maryland on this nominee alone. comprehensive services for families. parents graduate, knowing their chil- People are calling because the more These include B’more for Healthy Ba- dren have quality care. A family sta- they look at the record, the more they bies, which has dramatically reduced bility program helps families avoid realize this nominee’s lack of commit- infant mortality rates in the city; Par- homelessness. CSX is working with the ment to the essential mission of the ent University, to help educate parents school to build a football field. Department of Education. That mis- of young children; and financial lit- Students worked together with their sion is to provide every child in Amer- eracy and education, to help with fill- neighbors to take ownership of their ica with access to a quality public edu- ing out income tax forms and to help communities and protest the place- cation. This concern about the nomi- families manage their budgets. ment of an incinerator near them. nee is shared across political parties. In 2012, Samuel Coleridge-Taylor be- Some figured that this low-income As Senator SUSAN COLLINS of Maine came a community school. It has a neighborhood was a good target to put said on this floor, Mrs. DeVos’s con- community school coordinator, a posi- an incinerator, but the community centration on vouchers ‘‘raises the tion that can be filled using funds fought back and won. They have put question about whether she fully ap- under title I of the Elementary and thousands of hours into community preciates that the Secretary Of Edu- Secondary Education Act, which pro- service, including the Chesapeake Bay cation’s primary focus must be on help- vides financial assistance to schools cleanup. The school’s office of student ing States and communities, parents, with high numbers of children from service learning helps connect students teachers, school board members, and low-income families. The community to internships and job-training pro- administrators strengthen our public school coordinator works with parents, grams. schools.’’ students, educators, and community In Brooklyn, the crime rate and the Regardless of ZIP Code, our mission residents to learn the needs of the teen pregnancy rates have dropped, and must be to provide every child with ac- neighborhood and form partnerships to attendance at Ben Franklin is up. cess to a high-quality neighborhood meet them. The University of Mary- When I asked the students what they public school. It is absolutely true that land School of Social Work, which is liked about the school, they said: ‘‘We in too many places around in country located just down the road, joined feel like someone cares now,’’ and ‘‘ev- we are failing to meet the goal, but the them to provide trauma training so eryone is positive.’’ response to a troubled school should that teachers could recognize and re- At both of these schools, Samuel not be to walk away from it in favor of spond to trauma among the children Coleridge-Taylor and Ben Franklin, the

VerDate Sep 11 2014 23:34 Feb 06, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.004 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S689 principals told me that the community from neighborhood schools like the two vouchers and charters. With respect to schools model allowed them to form in Baltimore that I just discussed. the millions of dollars she and her fam- partnerships to meet the needs of their With the President offering only vague ily have spent trying to influence law- students’ lives so that they could focus promises and pricey schemes, it is even makers, she stated: ‘‘We expect a re- on delivering a high-quality education. more important that we have an Edu- turn on our investment.’’ Because the students’ needs are being cation Secretary with a steady hand She received a return in Michigan, met more comprehensively, the stu- and a deep understanding of the crit- where she played a role in a 1993 law dents can focus on learning, and be- ical mission of the Department. It is that created incentives for charters to cause we have a team outside of the clear that Mrs. Betsy DeVos is not the come to Michigan. The for-profit indus- teachers who are helping provide some right person for the job. try, in particular, responded, and they services to these kids, the teachers can Mrs. DeVos advocates a concept of operate nearly 80 percent of the char- focus on teaching. industrialized, privatized, and for-prof- ters in the State of Michigan. In 2011, It is important for us to understand it schools. This thinking is too small she pushed successfully for a law that that every child who walks through the and too cramped for our kids. Our goal allowed even low-performing charters doors of a school has a unique family should not be vouchers for children to to expand and repealed the require- circumstance and their own individual try to shop for a school with no ac- ment that the State publish annual re- needs. countability for quality. Our goal ports on charter performance. I think The community school approach em- should be a neighborhood school for we all believe that transparency is im- phasizes the fact that no school is an every child that meets their needs. portant, and it is shocking that there island onto itself. Every school is part We cannot abandon the families who would be an effort to put the facts of a neighborhood, and we need to un- cannot afford to make up the difference under the rug. After years of criticism, derstand the special circumstances of between the value of the voucher and modest accountability measures were the children and families in those the tuition at the private school. What introduced in 2015, although Mrs. neighborhoods. It is not just for urban do we say to them? We cannot abandon DeVos opposed and successfully schools like Samuel Coleridge-Taylor the students who cannot get accepted stripped a provision from the bill that and Ben Franklin. Community schools into private schools because many of would have established a commission have shown success in rural areas of these private schools say yes to some to explore ways to improve Detroit Pennsylvania, North Carolina, Mon- and no to others. What do we say to public schools. tana, and all across the country. those who have the doors closed on Seventy percent of Detroit charter This idea that every child should re- them? We cannot abandon the schools schools ranked in the bottom quarter ceive a good public education is as old that a voucher program would drain of Michigan schools. The nonprofit as our Republic itself. Our Nation’s the resources from, and $20 billion is a Education Trust calls their poor per- Founders knew the contribution of huge amount of the resources that we formance a ‘‘civil rights issue.’’ In a re- education to the success of our democ- currently provide for schools like the port just last June, the New York racy. They knew that an educated pop- two I mentioned in Baltimore City and Times called the situation in Detroit ulation would be a strong safeguard schools in neighborhoods throughout ‘‘a public education fiasco that is per- against tyranny. In a letter in 1786, the country. So instead of a risky haps unparalleled in the United Thomas Jefferson wrote: voucher program, we need to make our States.’’ It would be a big mistake to I think by far the most important bill in schools better by giving them the flexi- impose that fiasco on the rest of the our whole code is that for the diffusion of bility to meet student needs and the country. knowledge among the people. No other sure support to make sure that our children Mrs. DeVos has also advocated for foundation can be devised for the preserva- are all ready to learn. online charter schools, and she was for- tion of freedom and happiness. In her hearing and in the responses merly an investor in the largest for- As early as 1779, Jefferson was put- to the questions for the record, Mrs. profit online school operator, K–12, Inc. ting forward legislation to create a DeVos displayed an astonishing igno- In her response to questions about this public school system that would give rance about the agency that she in- model, she cited questionable statistics children a fair start. Jefferson later tends to run and, indeed, about the role for the accomplishments of several vir- wrote to John Adams: of public schools in our country. All of tual academies. Those statistics were It was a bill for the more general diffusion us who have been part of this debate disproved in an article in Education of learning. This proposed to divide every know that one of the most funda- Week which compared them to the pub- county into wards of five or six miles square, mental discussions in K–12 policy has licly reported figures used for State ac- like your townships; to establish in each been over accountability and how best countability. ward a free school for reading, writing and to measure student knowledge and For example, Ms. DeVos wrote that common arithmetic; to provide for the an- school performance. There has been an nual selection of the best subjects from these Utah Virtual Academy has a 92-percent schools, who might receive, at the public ex- intense discussion over whether to graduation rate. In fact, the most re- pense, a higher degree of public edu- measure school and student perform- cently publicly reported figure is 42 cation at a district school. ance by student proficiency or by stu- percent. The last thing we need is a He went on to say: dent improvement and student growth. Secretary of Education coming up with Worth and genius would thus have been Mrs. DeVos seemed totally confused alternative facts. sought out from every condition of life, and about this discussion that is going to While I believe that nonprofit public completely prepared by education for defeat- the heart of many of the debates here charter schools are important incuba- ing the competition and birth for public in Congress. tors for innovation, they have to play trusts. Perhaps we should not be so sur- by the same rules as the rest of our Though America did not start the prised that she has such little under- schools. But Mrs. DeVos has rejected public education system at that mo- standing of the public education sys- that equal playing field. ment in time, those ideas and that phi- tem, as she has spent much of her ca- In an exchange with Senator KAINE losophy of education as the great reer attempting to dismantle it in from Virginia where he repeatedly equalizer and tool to develop the tal- favor of private, charter, and for-profit asked her whether or not the charter ents of Americans, regardless of the schools. She has been referred to as the schools would have the same standards circumstances of their birth, were the ‘‘four-star general of the voucher applied to them as public schools that foundation of the public school system movement.’’ She has forcefully worked received Federal funding, she refused that we have today. to expand vouchers, including spending to agree. President Trump gave remarkably millions on a failed ballot initiative to It is pretty extraordinary when we little attention to education during his bring vouchers to the State of Michi- have a nominee saying that she sup- campaign. He pretty much ignored the gan. When that didn’t work, she cre- ports a taxpayer-funded blank check public school education system in favor ated the Great Lakes Education for some schools. Our Secretary of Edu- of his $20 billion voucher scheme that Project to fund nonprofits and donate cation must be a responsible steward of would drain huge amounts of resources to State legislators who would advance taxpayer dollars and ensure that funds

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Her letter begins: All of us know the Department of Edu- In conclusion, let us heed the words Dear Senator Hirono, cation has the very important job of of the editorial board of the Detroit As a strong supporter of public education, enforcing civil rights laws and making Free Press. They have witnessed first- I ask that you oppose the confirmation of sure we have equal access to education Betsy DeVos as Secretary of the U.S. Depart- hand the experiments that Mrs. DeVos ment of Education. throughout the Nation. Congress pro- has made about education and have Educators and students deserve a secretary hibited discrimination in education on written in an editorial: ‘‘Make no mis- who can commit to supporting every student the basis of race, color, and national take: A vote to confirm Betsy DeVos as in all public schools, and a leader that will origin in title VI of the Civil Rights U.S. Secretary of Education is a vote work tirelessly to promote a public edu- Act of 1964. Title IX of the Education to end public education in this country cation system that provides each child with Amendments of 1972 prohibited sex dis- as we know it.’’ the optimum conditions for teaching and learning. crimination. Section 504 of the Reha- In a speech in 2015, Betsy DeVos said Betsy DeVos’ past work in education and bilitation Act of 1973 prohibits dis- bluntly: ‘‘Government really sucks.’’ I her performance at the recent confirmation crimination on the basis of disability. suggest that she should not be leading hearing demonstrated neither a depth of ex- But all of us know that as late of the the agency entrusted at the Federal perience nor knowledge base in education mid-1970s, public schools still accom- level with the education of our chil- policy and on critical issues facing the com- modated only one of five children with dren, which, as our Founder said, is munity. disabilities, and many States had laws really the root of equal opportunity She ends her letter by saying: that explicitly excluded children with and the opportunity for every child to As a principal, I have spoken with teach- certain disabilities. When Congress ad- achieve their dreams. ers, parents, students, and community mem- dressed this with the passage of the I join with the distinguished Senator bers across the political spectrum and there IDEA legislation, it was a big break- is widespread agreement that Betsy DeVos is from Washington State in urging my not the right person for the job. through for our country and for our colleagues to vote no on Betsy DeVos As Lorelei said, it shouldn’t be ask- children. The IDEA was very straight- for Secretary of Education. We can do ing too much to have an Education forward and very simple: Every child better. We can do a lot better for our Secretary who will stand up for public deserves a ‘‘free appropriate public kids. schools and the millions of our children education’’ in the ‘‘least restrictive en- The PRESIDING OFFICER. The Sen- who attend our public schools. That vironment.’’ The law requires schools ator from Hawaii. person is certainly not Betsy DeVos. Ms. HIRONO. Madam President, con- to design an ‘‘individualized education In his opening remarks at Betsy program’’ for each child with a dis- stituents from every State who care DeVos’s confirmation hearing, the ability. about our public schools and our stu- chairman of the HELP Committee said IDEA has been a lifesaver for chil- dents in public schools have broken that Mrs. DeVos was in the ‘‘main- dren with disabilities and their fami- records calling us, their Senators, in stream’’ for supporting vouchers to lies. It has empowered them to get the opposition to Betsy DeVos as Edu- send students to private schools, in- quality education they could not ear- cation Secretary. stead of investing in our public schools. lier receive, and the law gives them In the past few weeks, I have heard This is not mainstream thinking. tools with which they can fight to en- from thousands of Hawaii residents Being told otherwise is again dealing in sure that schools address their needs. concerned about voting for an Edu- ‘‘alternative facts.’’ This is why it was so alarming at the cation Secretary who clearly does not The chairman went on to repeat a so- hearing to hear Mrs. DeVos say that believe in our Nation’s public schools. I called argument that Betsy DeVos and the application of IDEA and the rights wish to share two of their messages other school choice advocates make— behind IDEA really was a State func- today. that vouchers are simply Pell grants tion—the same States that historically One constituent wrote to me: for primary and secondary education. discriminated against these very chil- Dear Senator Hirono, Now, this is a real head scratcher, and dren. That is not what the IDEA legis- As a proud Hawaii educator for 30 plus I say: What? Here we go again down the lation is all about. It is a national years, I’m deeply troubled by the possible ap- rabbit hole, where up is down and down standard to make sure we do not have pointment of Betsy DeVos to the position of US Secretary of Education. is up. discrimination based on disability. Yet, Although I would personally never con- Pell grants and vouchers are fun- Mrs. DeVos in exchange concluded sider applying for a job I am not qualified to damentally different. Pell grants help with: ‘‘I think that’s an issue that’s serve in, it’s baffling to me that our new offset the ever-rising cost of a vol- best left to the States.’’ Commander in Chief thinks someone who has untary college education. All colleges So whether it is her position with re- NO experience as a teacher or administrator charge students tuition, and Pell spect to vouchers and poaching re- could be remotely prepared to lead our na- grants provide opportunity to low-in- sources that otherwise would go to im- tion in this role. come students to be able to go to col- prove our public schools or lack of sup- I don’t have to explain to you what a self- lege. port for the very idea behind IDEA, we less calling being a teacher is, nor do I be- lieve our Hawaii delegation takes educating In contrast, every American child have a nominee who the overwhelming Hawaii’s keiki lightly, so I implore you to has a right to a free primary and sec- majority of the American people recog- work with other leaders in DC to make sure ondary public education. Vouchers ac- nize is the wrong choice to be the cus- we have a suitable nominee for this essential tually take resources away from public todian of the Department that is re- position. schools and make it that much harder sponsible at the Federal level for pro- Mahalo, to provide a good education for all of viding support and educational oppor- Sandy from Honolulu our students. tunities to our children. Sandy and teachers like her devote Vouchers take money away from In closing, with respect to the issue more time and effort than is mandated public schools; Pell grants don’t. When of guns in schools—and Senator MUR- to ensure that our public school stu- a student uses a Pell grant at a private RAY, the ranking member, has ad- dents have a solid foundation in edu- college or university, it has no impact dressed this as well—it was pretty cation and for life. Teaching is a call- on the funding a State college or uni- shocking to hear Mrs. DeVos trivialize ing, and I have met with many teach- versity receives. But when a student the issue of gun violence in schools ers who are totally committed to doing uses a voucher to attend a private when she was asked about this by the the very best they can for their stu- school, it takes away money from local Senator from Connecticut, Mr. MUR- dents, and they want nothing less from public schools. How is taking money PHY, quipping that guns might be nec- the next Secretary of Education. They away from local public schools main- essary to kill grizzly bears. We have deserve a better qualified, better expe- stream thinking? The Secretary of

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Among her many Education, Labor, and Pensions Com- do more to insist that everyone in the duties as Secretary, Betsy DeVos mittee. The ranking member, Senator education field, every person on a col- would be in charge of managing $30 bil- MURRAY, is here with us on the floor, lege campus assumes some level of re- lion per year of Pell grants, which help and I am grateful for her leadership on sponsibility. more than 8 million students afford a this nomination debate, as well as One of the reasons we can start down college education in this country. many other issues. that path and begin to be certain that During the 2014–2015 school year, I guess the broad concern I have is we are at least beginning to wrestle more than 21,000 students in Hawaii Betsy DeVos’s commitment to public with this problem and give young were able to finance their college edu- education. I come from a State where women on our campuses more protec- cation with nearly $81 million in Pell we have had a tradition of public edu- tion is because of recent legislation. grants. Last Congress, I led legislation cation since about the 1830s. I am fairly We are not done. We have a lot more to to protect and strengthen the Pell certain—I will stand corrected—but do, but I will highlight one bill that I grant program. But under Republican Pennsylvania might have been the first led the fight on—the Campus Sexual majorities, Pell grants are under the State to have public education as far Violence Elimination Act, known as constant threat of irresponsible cuts back as the 1830s. It is part of the bed- Campus SaVE. That became law in and dismantlement, even though col- rock of the foundation of our State. 2013, when we were reauthorizing—a lege today is more expensive than ever. Still, today, 92 percent of Pennsyl- fancy Washington word for doing it Can we really trust Betsy DeVos to vania students attend a traditional again or improving the law—the Vio- fight to protect Pell grants? Somebody public school. We have charter schools. lence Against Women Act. I was glad who equates Pell grants with vouchers We have roughly 175 or so, but all of we were able to take a substantial step those charter schools in Pennsylvania is not someone who understands her re- to tackle this horrific problem of sex- have to be, by statute, public nonprofit sponsibilities under the Pell Grant Pro- ual assault on campus. entities. Public charter schools are gram. So can we really trust Betsy That legislation was followed by reg- what we have in Pennsylvania. We DeVos to support the Pell Grant Pro- ulations. If I could summarize them, don’t have for-profit private sector gram? I don’t think so. that law and the regulations that fol- charter schools. It is not allowed by I have spoken out against Betsy lowed made sure that colleges and uni- law. versities have clear guidelines, that DeVos’s nomination a number of times, There are some limited cir- victims know what their rights are, but some questions need repeating. cumstances when one entity could af- that victims know where to turn in the What are we telling our students if we filiate with a for-profit entity, but we event of an assault, that we do a lot have an Education Secretary who is have nothing like what Mrs. DeVos has more on prevention, that bystanders not committed to improving the public supported in Michigan and across the can no longer be inactive, that they education system so that our students country. For a Senator from Pennsyl- have to be trained and prepared to can succeed in school and in life? Nine vania to be questioning a nominee for help, and that the entire college cam- out of every 10 students in the United Secretary of Education about for-profit pus is focused on preventing sexual as- States attend public school. What are charter schools is unusual because we sault and then making sure, in the we saying to them? Is it the best we don’t have that entity in Pennsylvania. can do to give them an Education Sec- My concern is substantial—and I will aftermath of an assault, it is dealt with retary who does not believe in the pub- develop this later—about her commit- appropriately. lic schools they attend? Who doesn’t ment to public education. In fact, in This legislation has helped campus believe that their education is worth my meeting with Mrs. DeVos, because communities respond to not only sex- fighting for? of my concerns, I said something very ual assault but domestic assault, dat- If this is the message you want to simple, but I said it for a reason, to re- ing violence, as well as stalking. It send to our students and their families, mind her about her obligation if she does give students and employees the then vote for Betsy DeVos. On behalf of were to be confirmed. I said: You will opportunity to do more than has been the nearly 200,000 public school stu- not be the Secretary of private edu- done on college campuses. dents in Hawaii and their teachers and cation; you are going to be the Sec- When I was questioning Mrs. DeVos, I other educators in Hawaii, my answer retary of Education, and for most of asked her if she would commit to up- is a strong, strong no. the country, that means traditional holding title IX, the nondiscrimination I urge my colleagues to question public schools, and I hope you under- statute that includes important protec- Betsy DeVos’s commitment to our pub- stand that. tions against sexual assault. I asked lic schools and to the millions of stu- That is a broad concern that I have, her very specifically about the Depart- dents who go to public schools and vote and I will talk more about it. My line ment of Education’s Office for Civil against her nomination. of questioning the day of our hearing— Rights, which had issued guidance in I yield the floor. I should say the evening of our hear- 2011 that advises institutions of higher Mrs. MURRAY. Madam President, I ing—focused on campus sexual assault; education to use the so-called prepon- suggest the absence of a quorum. and that, of course, is an area of urgent derance of the evidence standard for The PRESIDING OFFICER. The concern for a lot of people here, a lot of campus conduct proceedings. Some clerk will call the roll. members of the United States. It is may be familiar with that standard. It The legislative clerk proceeded to also of greater concern now because of is a standard that we have used in our call the roll. her nomination. What do I mean by jurisprudence for civil cases across the Mr. CASEY. Mr. President, I ask that? country. You don’t have to prove, nor unanimous consent that the order for Let me walk through how I got to my should a victim of sexual assault on the quorum call be rescinded. questions with her. We know the De- campus have to prove by the higher The PRESIDING OFFICER (Mr. KEN- partment of Justice tells us that col- standard; say clear and convincing is a NEDY). Without objection, it is so or- lege women are twice as likely to be higher standard or beyond a reasonable dered. sexually assaulted than robbed in the doubt is a criminal standard. What the Mr. CASEY. Mr. President, I rise to time they are in college. This is a num- Department of Education said to the speak this afternoon about the nomina- ber that comes from the Centers for university campuses across the coun- tion of Betsy DeVos to be Secretary of Disease Control. We also know that one try is, the standard you should use is Education. I know we will have had in five college students experience at- preponderance of the evidence. They some time later today and even to- tempted or completed sexual assault based that determination after con- night, but I wanted to review some of while they are in college. sulting with experts and advocates

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That led me to the Campus SaVE, and that is where we cerns we have about lack of funding in conclusion—after reviewing the record are now. public education. of the hearing and talking to my col- I simply asked Mrs. DeVos whether I would hope both parties would want leagues on the committee—that this or not she would commit to enforcing a Secretary of Education who is a nominee and I do not share the same current law and abiding by the 2011 De- champion for students with disabil- value when it comes to that public edu- partment of Education guidance. Her ities, who would be a champion for cation. I note that two of my Repub- response was that it would be pre- those who are victims of sexual assault lican colleagues, Senators COLLINS and mature—I am using her word ‘‘pre- on our college campuses. Unfortu- MURKOWSKI, have come to the same mature’’—to make that kind of com- nately, because of a series of questions conclusion. One of the most troubling mitment. I was stunned by that an- posed both at the hearing and in writ- examples of Mrs. DeVos’s views came swer. Why would it be premature to ten questions that were submitted for when she was questioned by two of my say you are going to enforce current the record—to which Mrs. DeVos gave colleagues. I note Senator MURRAY is law? Why would it be premature to say written answers—I see that basic com- here. We thank her for her leadership that you can’t make a commitment to mitment lacking. For that and many on the Health, Education, Labor, and insisting upon an evidentiary standard reasons which we will develop a little Pensions Committee. Two of my col- that is in place right now? That made later tonight, I will be voting no on her leagues, Senators MAGGIE HASSAN and no sense to me, and I don’t think it confirmation vote. TIM KAINE, asked the nominee about made any sense to people across the I appreciate this opportunity to whether schools should meet the stand- country who have been working on this share some of my thoughts and hope to ards outlined in the Individuals with problem and trying to get the atten- be back later this evening. Disabilities Education Act or, as it is tion of the Senate and the House and I yield the floor. known, IDEA. Mrs. DeVos said she any administration for years, if not for Mr. President, I suggest the absence would leave the decision of whether to decades. of a quorum. offer equal educational opportunities We finally arrived at a place where The PRESIDING OFFICER. The to the States. This is simply unaccept- we are at long last dealing with sexual clerk will call the roll. able. It is not the kind of leadership we assault in a very aggressive and appro- The legislative clerk proceeded to need. This is not why we have IDEA. I priate and fair manner. Now we have a call the roll. think most education professionals and nominee who says she is not sure Ms. KLOBUCHAR. Mr. President, I people who are experts in this area whether she can commit to that. That ask unanimous consent that the order would know that is not the answer. gave me great pause and is one of the for the quorum call be rescinded. I occupy the Senate seat that was reasons I don’t support her nomina- The PRESIDING OFFICER. Without once held by Minnesota’s own Hubert tion. I have several reasons. I know I objection, it is so ordered. Humphrey. He was someone who was am running low on time, but I will Ms. KLOBUCHAR. Mr. President, I never at a loss for words. He delivered wrap up this portion in a moment. rise to speak in opposition to the nomi- a speech to the Minnesota AFL–CIO 40 Another area of concern is the an- nation of Betsy DeVos for Secretary of years ago. One line of that speech is swers to questions she gave with regard Education. My mom was a public just as appropriate and meaningful to specific questions about students schoolteacher, and she taught second today as it was back then. He said: with disabilities. This was a set of grade until she was 70 years old. She The moral test of government is how that questions asked by a number of Sen- loved teaching. Her favorite unit was government treats those who are in the dawn ators, but I will try to summarize it actually the Monarch Butterfly Unit, of life, the children; those who are in the this way. She seemed to have a lack of where she would dress up as the mon- twilight of life, the elderly; and those who knowledge, an apparent and I think ob- arch butterfly, and she would teach the are in the shadows of life, the needy, the sick vious lack of knowledge, about basic kids about metamorphosis. The cos- and the disabled. Federal law, a law that was passed dec- tume she wore, she would also wear to I submit that Mrs. DeVos’s opposi- ades ago, the Individuals with Disabil- the supermarket afterward. She was tion toward providing equal education ities Education Act. She didn’t seem to dressed as this big monarch butterfly, opportunities to students with disabil- know that was a Federal statute. She with little antennae on her head and a ities does not meet that moral test. seemed to assert that somehow States sign that said: ‘‘To Mexico or bust’’ be- Her views are at odds with decades of could decide whether to enforce the cause that is where the monarch would bipartisan support for IDEA. policy that undergirded that Federal fly on its way from Canada through In 1975, when Congress passed the law. That, of course, is not the case. It Minnesota and down. It was the night original version of IDEA, half of all is Federal law, and we have to make before my mom’s funeral at the visita- children with disabilities were not re- sure individuals—in this case, students tion where I met a family who came up ceiving appropriate educational serv- with disabilities—get the rights they to me, and the mom was sobbing. I ices, and 1 million children with dis- are accorded by virtue of that law. Her didn’t know what was going on. I had abilities were excluded entirely from lack of knowledge in this area was of never met them. They had their older the public school system. In an impas- concern, but maybe even greater con- son with them who had pretty severe sioned floor speech, then-Senator and cern was a lack of—or seeming lack of, disabilities. She said: You know, your later Vice President Walter Mondale of in my judgment—determination to mom had my kid here in school when Minnesota talked about the need for once again enforce this law, to make he was in second grade. Now he was IDEA. Before the 1975 law, disabled sure that on her watch the law that grown up. She said: He always loved children were placed in segregated would protect students with disabil- that Monarch Butterfly Unit. After he schools and classes with little empha- ities would be enforced to the full ex- graduated, your mom would continue sis on an education, training, or devel- tent of the law and nothing less. She to go to the grocery store, and that was opment. Many parents also gave up on didn’t seem to be willing to commit to why she would go to the store every the poor services offered by the public that or didn’t seem to have the kind of year. He had gotten a job bagging gro- schools. As a result, disabled students commitment I would expect from a ceries. She would stand in the line in remained at home. To tackle this prob- Secretary of Education. her monarch butterfly outfit for years lem, Republicans and Democrats came What we would all expect, Democrats and give him a big hug when she got to together to pass legislation ensuring and Republicans, I would hope, is a the end of the line. That was my mom. that students with disabilities would Secretary of Education who is a cham- She loved her kids and she was a de- have equal access to public education, pion for public schools, is a champion voted teacher. just like all other kids. The law guar- for those children in public schools, I went to public school through ele- anteed and continues to guarantee will fight battles and urge States to mentary to high school. My daughter today—the Federal law—that students

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Senator Humphrey Minnesota Ramp Project that intro- while still being included in activities called IDEA one of the most significant duced a new American model for build- with the rest of his peers. Today, she pieces of legislation and a major com- ing statewide standardized wheelchair tells me that he is a successful young mitment in this Nation’s commitment ramps. Minnesota was the State that adult who happily lives, learns, and to its children. Then-Senator Mondale sent Paul Wellstone to the Senate, works in his community. argued that this landmark legislation where he fought long and hard for men- During my time in the Senate, I have holds a promise of new opportunity for tal health parity. My State is also worked to share those Minnesota val- 7 million children in this country. home to some of the most innovative ues that you hear resonating in those When Congress first enacted this law in centers for the disabled in the country, letters across the country. That is why 1975, this was not a partisan issue. The including PACER, the Courage Center, I helped lead the push in Congress to law passed both Houses with over- and ARC. successfully pass bipartisan legislation whelming majorities. The Senate voted When it comes to educating children with Senators Burr and Casey called in favor of the landmark legislation by with disabilities, Minnesota has also the Achieving a Better Life Experience a margin of 87 to 7; the House, by a been one of the Nation’s leaders. In Act, or ABLE Act, a law that will help vote of 404 to 7. Bipartisan support for 1957, our State became one of the first people with disabilities and their fami- IDEA grew stronger over time. States in the Nation to pass a law re- lies better plan for their futures. It is a In 1991, President George H.W. Bush quiring that special education services law that President Obama signed. signed into law a bill that reauthorized be provided to children and youth with We have made progress in removing the Disabilities Act. That bill was in- disabilities. In our State, from birth to barriers and empowering people with troduced by former Democratic Sen- adulthood, kids with disabilities have disabilities. Of course, we know that ator Tom Harkin and former Min- access to the quality of life they de- the ABLE Act alone is not enough. We nesota Republican Senator Dave serve. still need to ensure that the Federal Through IDEA, our State is able to Durenberger. The reauthorization was Government lives up to its promise to receive Federal funding for early inter- so uncontroversial that it passed by a support education for those with dis- vention services that help diagnose dis- voice vote in both the House and the abilities by enforcing and protecting abilities or developmental delays Senate. Members from both parties the IDEA and fully funding special edu- among infants and toddlers. Minnesota supported IDEA when it was reauthor- cation. Providing equal educational op- also provides each child with a dis- ized again in 2003. Every single member portunities for children with disabil- ability and their family a personalized of the Minnesota delegation, all 10— K–12 education plan and the support ities is an issue that cuts across par- Democrats and Republicans alike—sup- needed to transition from high school tisan lines. ported IDEA’s reauthorization that It is an issue of decency and an issue to postsecondary education. year. For four decades, IDEA has gar- These civil rights protections and of dignity, and I believe it is an issue nered support from both sides of the funding under IDEA have also been an that we must all stand behind as Amer- aisle because we all understand the area of bipartisan cooperation among icans. I cannot support a nominee that need to support the most vulnerable members of the Minnesota delegation. would jeopardize the education of mil- among us. We would like to see even more fund- lions of disabled children across our Every Member of Congress knows a ing. We don’t see us move backwards. country or someone that is not fully family member or a person who has At least one Minnesota Republican has informed at her own hearing about been affected by disability. For a lot of cosponsored every version of IDEA and such an important law. We have con- lawmakers, this is personal. When my its reauthorization over the last 40 tinuously maintained and strengthened daughter was born, she couldn’t swal- years. We have never had a Secretary educational laws for children with dis- low for nearly 2 years. She had a feed- of Education who has put these com- abilities because every child deserves a ing tube, and the doctors didn’t know monsense bipartisan benefits at risk. chance to succeed. what was wrong with her. It ended up Today, over 124,000 Minnesota chil- I think about my mom and all those being a temporary problem and not a dren rely on the protections in IDEA. I years of teaching—teaching 30 second permanent disability, but those 2 years have heard from families in my State, graders at age 70. I think about that I still look back at as a gift. They were and so many of them tell me how that boy, who is now a man, who in the sec- a gift that brought our family closer Federal law has made a real difference ond grade had her as a teacher. He had together, but they were a gift because in their lives. A mom from Watertown, severe disabilities, but she did every- they made me understand what parents MN, told me all about her son who was thing to make his learning experience of kids with disabilities face every sin- born with Down syndrome. She is so as good as all the other kids that were gle day. This wasn’t just a temporary thankful for the Federal law because in that class. thing for the parents I met. This was this protection ensures that he can I think of how he loved that butterfly something they face every single day. have everyday experiences like other unit and felt the passion that my mom Since the passage of IDEA, our Na- kids. brought to teaching it. In her own free tion has moved to fulfill the promise of It allows her son to be fully inte- time, she would go visit him at his job providing a high-quality education to grated with the rest of the students in at that checkout line in the grocery kids with disabilities. Today, more his high school. As a result, he has de- store in her butterfly outfit. That was than 4.7 million children with disabil- veloped many friendships and a strong integrating kids with disabilities into ities rely on IDEA to protect their ac- social network. When she asks her son our school systems. That is what spe- cess to high-quality education. Over whether he likes school, he always says cial teachers and special education ex- the last 40 years, the Democratic and a resounding ‘‘yes.’’ perts who see all children as special are Republican Members who have come A mother of two autistic kids who all about. before me have all fought to preserve are deafblind, reached out to me from Thank you. I urge my colleagues to those critical rights and opportunities. Farmington, MN. She tells me that she join me in opposing Mrs. DeVos’s nomi- These are American values. But they depends on IDEA because the law gives nation. are especially near and dear to our her an opportunity to participate in de- I yield the floor. State, where we have this long and signing individualized education pro- The PRESIDING OFFICER. The Sen- proud tradition of working to ensure grams for her children. These programs ator from Vermont. that people with disabilities have ac- allow her to tailor the best possible Mr. LEAHY. Mr. President, I thank cess to the same basic resources and educational plans. the distinguished senior Senator from

VerDate Sep 11 2014 23:34 Feb 06, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.012 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 6, 2017 Minnesota for her comments. She passed the Every Student Succeeds Act It is what I hear from hard-working speaks from experience and knowledge, here in the Senate by a vote of 85 to families in Vermont. Parents tell me as has the senior Senator from Wash- 12—an amazing, overwhelming, bipar- that their child is going to be the first ington State, on this issue. tisan vote. It was the firm agreement one in their family to go to college, In my years here, I have seen thou- among the majority of the Senate—Re- and the only reason they can do it is sands of confirmation votes, literally publicans and Democrats alike—that because they can get Pell grants or at all levels, up to and including Cabi- all students deserve access to critical Federal student loans. Mrs. Devos’s an- net members and Supreme Court jus- public school resources in order to suc- swer is: What are those? tices. I have voted for a large majority ceed. We made a promise that we would College tuition rates have climbed of a President’s nominations—both Re- do better by our students; that public more than 300 percent in the last dec- publican and Democratic Presidents. schools would be the premier standard ade. It is unacceptable to deny stu- Some may not have been those I would for outstanding education for all. dents Federal financial resources. To have chosen, but I felt that, at least, Unfortunately, the nominee before say, well, if you are rich, you can have the President should be given the pre- us—in the very little time that she was them, but otherwise, tough. rogative, if the person is qualified. allowed to testify and be questioned in As it is, students are increasingly Now, ideology is one thing, and quali- the confirmation hearing—showed that saddled by insurmountable student fication is another. Out of those thou- she does not share these same goals. loan debt. Many forgo starting a fam- sands of confirmation votes, I have a Instead, she has referred to public ily, or buying a house or a car. Many of hard time remembering any that were schools as a ‘‘dead end.’’ these students have also fallen prey to like this one. This one had a whirlwind Well, if you are a billionaire, you for-profit institutions, many of which confirmation hearing and committee have a choice to go wherever you want continue to offer the false promise of vote. It was almost as though they to school. Maybe these people in a pub- gainful employment upon graduation. were afraid to have the nominee actu- lic school are not good enough for you? In reality, many of these institutions ally have to appear and answer ques- Well, then, go buy a school if you want. offer nontransferable credits or tions. And now the Senate is going to Most people don’t have that option. unaccredited degrees, and are increas- vote on the nomination of Betsy DeVos Most people are hard working. My wife ingly shuttering their doors, leaving to lead the Department of Education. and I were when our kids were in students with egregious debt and no- I will be very blunt. On the very lit- school. Our children are today. where to turn to finish their degrees. tle time that she was allowed to be What does Betsy DeVos advocate for? The Department of Education has an shown to the public, she showed—and I She advocates for the privatization of extremely important role to ensure certainly believe this—that she does education. She has funneled millions of that all students—of every race, in- not have the qualifications to uphold dollars into organizations and initia- come level, or whether that student tives to promote private school vouch- the Department of Education’s primary has disabilities or not—have access to ers and school choice. goal—that of ensuring that all stu- the critical tools provided by public These efforts have diverted public dents—all students, not just the schools and by student financial aid wealthy, but all students—have access funds toward private schools, schools that are not held to any antidiscrimi- programs. to a quality, public education that al- Thousands—thousands—of Vermont- nation or accountability standards. lows them to succeed. ers have called or written to me wor- I am both a father and a grandfather, These schools can discriminate all they ried that Mrs. DeVos does not agree and I am proud of it. I watched my want. with these principles. When I say thou- children go to school. And now I see At her confirmation hearing—in the sands, to put that in context, we are my grandchildren going to school. I un- very little time that she did speak—she the second smallest State in the Union. derstand well the impact of education did not understand the Individuals Thousands have contacted me. I share on our children. When students have with Disabilities Education Act. This these concerns of my fellow Vermont- access to strong public education from is a landmark law. It is a Federal law ers. the very beginning, they are more apt that public schools in all 50 States They know my children went to pub- to succeed in the long run. must follow. Our Nation’s public schools—as is the Lastly, Mrs. DeVos and her family lic school. They want to be able to send case in my home State of Vermont— have contributed to anti-LGBT causes their children to public school too. hold the promise of student success and anti-women’s health efforts, which They want the best education. through strong State accountability are in direct conflict to the one who is I am telling these Vermonters I will measures and legal protections regard- supposed to lead the Department of not support this confirmation. It is less of one’s race, income, or learning Education. How can a nominee disagree dangerous and shortsighted to confirm ability. They offer nutritious meals for with the mission of the Department of someone who has so much to learn underserved students, many of whom Education and be fit to oversee that about our Nation’s public schools and receive their only meals of the day at agency and promote the civil rights of the challenges they face. school. Any teacher will tell you that schools and college campuses? Universal free public schools were a if you have a hungry child, you have a She also appears to oppose efforts to revolutionary American invention. It child who cannot learn. If a child is fed, expand college access, in an era when has helped make America the great Na- you have a child who can learn. college is so important. Again, in the tion it is today. So in the United Public education means strong teach- little bit of time she was allowed to States, we should strengthen public ers and school leaders, technology in testify before the Senate HELP Com- schools, not snub them. the classroom, an assessment to test mittee in January, Mrs. DeVos, when Mrs. DeVos is the wrong choice for not just how well a student can memo- asked, would not agree to work with our children but also for our Nation’s rize material for an exam on a par- States to offer free community college future. Our public schools need strong ticular day of the year, but how much to eligible students, instead saying leadership, not someone who has made they have grown over the course of that ‘‘nothing in life is truly free.’’ it her life’s work to undermine their many months. This is an easy thing to say if you are success. So I oppose this nomination. I Many of the schools have counselors a billionaire. hope my fellow Senators will too. and nurses. They operate under a mod- She also admitted to knowing little TRAVEL BAN ern infrastructure to support those about the Pell Grant Program and Fed- Mr. President, while I have the floor, with disabilities and children in foster eral student loans, as neither she nor I will just take another minute or two care. But public education also means her children have ever had to use such to mention something else, as I have that both the States and the Federal resources. As most of us know our chil- mentioned Vermont. Government are held accountable for dren will have to use them, this is sim- On February 1 of this year, Vermont everyone having access to the same ex- ply out of touch with the real life ex- welcomed 31 new U.S. citizens from 14 cellent resources. pectations of millions of students and countries through a naturalization In fact, just over 1 year ago, this families who rely on these funds to ceremony in Rutland, VT. Later that body agreed to these protections. We make college attainable. night, more than 1,000 people from our

VerDate Sep 11 2014 05:14 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.014 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S695 small city in Vermont gathered on our because he disagreed with him. And it turn towards a happier subject. This is a day statehouse lawn—just a few feet from was almost within hours that he of celebration. Today we welcome you as our where I was born and raised—in sup- praised President Putin and tried to brothers and sisters, common citizens of the port of refugees and immigrants. excuse the assassinations—the assas- county we all love and which you have cho- sen as your own. We Vermonters understand what sinations—carried out in Russia What can you expect in the years ahead as community means. It is a helping hand against journalists or those who dis- American citizens? Two things stand out: op- in a time of need. It is a kind word in agreed with Putin—by saying: Well, portunity and individual freedom. These are a moment of distress. It is a welcoming that is no different than our country. the values which have brought people like embrace to calm a fear. We may be Well, Mr. President, I am proud to be your family and mine to America for more small, but in Vermont there is no limit a citizen of the United States of Amer- than two centuries. Let’s talk about both. to our compassion. ica, and we are different than Russia. Opportunity means the chance to work, to As with each of our 50 great Amer- go to school, to find a way to support your- You may have some ‘‘friendship’’ with self which has meaning for you, to have ican States, immigration is a rich part Vladimir Putin, but let me tell you money for your family, to rent or buy a of Vermont’s past. For decades, we right now, show some more respect to home, to educate your children and some day have opened our communities to immi- our country and to our Constitution. to retire with dignity. Because our economy grants and refugees. They have all be- There being no objection, the mate- is strong, there is room for you to find a come part of the fabric of our State. rial was ordered to be printed in the place which suits you. It is never easy, and They have enriched us with their di- RECORD, as follows: there are many disappointments along the way, but it is possible and millions have suc- verse cultures. REMARKS OF JUDGE GEOFFREY CRAWFORD AT ceeded before you. Since the President signed his dis- 2/1/17 U.S. NATURALIZATION CEREMONY, RUT- This is a very open society for workers. LAND, VT graceful Executive order that stymied One job leads to another. Your first job is our immigrant resettlement program Welcome—all of you—to your naturaliza- not going to be your last. You are already in and sent a shameful message to Mus- tion ceremony. You will all leave here as a select group—people who have chosen to lims that they are not welcome in our American citizens. We are very happy to in- come here and have the drive and enthu- country, I have heard from hundreds of clude you among us. Let me take a moment siasm to join us as citizens. The same energy Vermonters. Compassionate Vermont- to talk about a few things. which carried you through the naturaliza- First, although our theme today is one of tion process will help you in your search for ers, pleading that we continue our Ref- welcome and new beginnings, we should all ugee Resettlement Program and wel- a good job. start by considering both the difficulties of Now, let’s talk about freedom. Freedom come refugees of all religions, con- the journeys you have made and the richness means the chance to speak, assemble in cerned Vermonters, anxious about the of the backgrounds which you bring. First groups, worship, and engage in politics with- threats to our Constitution’s protected the journey. The Latin poet Catullus said it out fear of interference from the govern- freedoms and rights, nervous best: ment. Vermonters wondering what next steps ‘‘Multas per gentes et multa per aequora If I can make one respectful suggestion, it vectus’’ is that you use this freedom by getting in- this administration will take in the In English, name of security, but are just rooted in volved in a cause or a committee or a cam- ‘‘Carried through many nations and over paign. Maybe something local—like asking politically charged scare tactics. many seas’’ for a sidewalk where one is needed—maybe Vermonters have already proven that Your journeys have not been easy. Some of national—like volunteering on a political we will not back down. Marching in you have left family—all of you have left campaign. In case you haven’t noticed, we Montpelier and in Washington on Janu- friends and the comfort of familiar sur- are in the middle of a presidential race this ary 21, Vermonters’ voices were heard. roundings for this new place. Some of you year. There is a candidate for every possible are refugees from lands which are broken by political belief. I urge you to take part in In candlelit vigils across the State, war. Today we honor the commitment of our their empathy has been seen. At the any way that suits your own convictions and nation to welcoming and caring for refugees. interests. Freedom is strongest when it is naturalization ceremony on February Some of you experienced hunger, illness and 1, Vermont’s welcoming spirit could be used, not when it sits dusty on the shelf, and hardship. All of you come in search of a bet- we welcome your involvement in public life felt. ter life. But it would not be right to forget together. A man I admire greatly, Federal Dis- the value of the lives and communities from People who are born in the United States trict Court Judge Geoffrey Crawford, which you come. sometimes take it for granted. Like people gave stirring remarks at that natu- As we welcome you, we honor your herit- anywhere. Or they concentrate on our faults ralization ceremony, and the impact of age—your parents, your culture, and the and the unfair things about our society. New lands of your birth. You bring variety and those remarks are summarized by this Americans such as you bring optimism. You energy and new ideas to us. You know a lot would not have come if you did not see the one line, which he directed particularly that we do not know. You have had experi- to our new Muslim citizens: ‘‘You are chance for a better life for your family. One ences that we want to hear about. We are thing is certain—after the work to obtain equal in the eyes of the law.’’ Judge lucky that you have chosen to make your citizenship, no one here is going to take it Crawford’s message was simple: You lives here. We need each of you because of for granted. I ask that in the years ahead, are welcome. You are equal. You are what you will contribute to us—your work, you hold on to the hope and great expecta- protected. your ideas, your sense of humor, your food, tion we all share with you on this day. My fellow Vermonters inspire me your children. Thank you so much for coming to join us Let me speak directly about our new citi- today as American citizens. every day. We should all take note zens who are Muslims. What I have to say is from their example of what it means to simple: you are equal in the eyes of the law. Mr. LEAHY. Mr. President, I yield be patriotic Americans. You are just as welcome here as citizens as the remainder of my time to Senator So I ask unanimous consent that anyone else. Your faith and your right to SCHUMER. Judge Crawford’s remarks from the worship are honored and protected by our The PRESIDING OFFICER (Mr. February 1, 2017, naturalization cere- laws. We recognize that the Muslim faith is YOUNG). The Senator from Massachu- mony in Rutland, VT, be printed in the ancient and learned and that it has contrib- setts. uted greatly over more than a thousand RECORD at the conclusion of my re- Ms. WARREN. Mr. President, I rise years to our shared civilization. Muslim citi- today to call on my colleagues to re- marks. zens and residents have served America for I look at Judge Crawford. Frankly, I more than two centuries in military service, ject the nomination of Betsy DeVos as have no idea what either he or the in scientific research, in literature and the the next Secretary of Education. other Federal district judge’s politics arts, in the professions, in commerce, in It is difficult to imagine a worse are. I just know they uphold the law. labor—in all the ways that we all contribute choice to head the Department of Edu- We are fortunate in this country to to the daily life of our nation. As Muslims, cation. Betsy DeVos doesn’t believe in have a Federal court system made up you have the same right as any other citizen. public schools. Her only knowledge of of men and women of integrity, com- These include protection from discrimina- student loans seems to come from her tion on the basis of your relations and your own financial investments connected petence, and independence. national origin and protection of your right I was shocked this weekend when the to worship freely. These protections are not to debt collectors who hound people President of the United States tried to empty promises. They form part of our con- struggling with student loans. Despite demean the Federal judiciary, tried to stitutional law. These protections are en- being a billionaire, she wants the downgrade an individual Federal judge forced every day by our courts. But let me chance to keep making money off

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That is why the Federal for her, that is apparently not enough. young people first, and that is not Government got involved in education She already makes money off of sev- Betsy DeVos. in the first place, to make certain that eral businesses that could profit from Let’s start with her record. Betsy all of our children, not just some of decisions she makes as Secretary of DeVos has used her vast fortune to un- them but that all of our children get a Education—several businesses, at least, dermine Michigan’s public schools. She chance at a first-rate education. that we know about. She said she will is sure she knows what is best for ev- Public education dollars should come get rid of the ones we know about, but eryone else’s children, even though she with some basic accountability for how she wants to keep her family trusts has no actual experience with public that money is spent and some basic ex- and whatever investments two of them schools. pectations about what we get in return hold a secret—a secret from Congress In Michigan, the K–12 policy she has for these investments, not just doled and a secret from U.S. taxpayers. She bankrolled has drained valuable tax- out to some for-profit school that says she doesn’t have to follow rules payer dollars out of the public schools doesn’t even meet basic standards in that everyone else follows and tell the and shunted that money into private educating our children. This is also Senate what her investments are or schools, sketchy online schools, and true in higher education, where the fi- what they will be in those secret for-profit charter schools. Even worse, nancial stakes are huge for America’s trusts. I want you to think about that DeVos believes these schools should get college students. for just a minute. She already has bil- the money with virtually no account- The Department of Education is in lions of dollars, but she won’t give up ability for what these schools do with charge of making sure that the $150 bil- her secret trust and her chance to taxpayer dollars. The results have been lion that American taxpayers invest in make investments that could create a disaster for Michigan kids. students each year through grants and conflicts of interest while she is run- Let’s be perfectly clear. This is not a loans gets into the right hands and ning the Department of Education? debate about school choice. It is not a that students get an education that Who exactly does Betsy DeVos want to debate about charter schools. There are will help them pay back their loans. help out—the young people of America The student aid program is not well people on all sides of this debate who or her own bank account? understood, but it is vitally important are genuinely pouring their hearts into You know, I really don’t get this. I to get it right because $1 trillion of improving educational outcomes for disagree with her education policy, but student loan debt currently out there children. Massachusetts charter the one thing we ought to be able to will impact the future of an entire gen- schools are among the very best in the agree on is that no one, especially not eration. country, and they understand the dif- Betsy DeVos has no experience in some billionaire, ought to keep invest- ference. higher education. During her confirma- ments that go up or down in value de- Before her nomination hearing, I re- tion hearing, I gave her the oppor- pending on the decisions she makes ceived an extraordinary letter from the tunity to show that she is at least seri- while she has a job working for the Massachusetts Charter Public School ous about standing up for students. I U.S. Government. Because of that con- Association. The letter outlines their asked her basic, straightforward ques- cern, I wrote a letter with several of opposition to Betsy DeVos’s nomina- tions about her commitment to pro- my Democratic colleagues to raise con- tion, citing her destructive record of tecting students and taxpayers from cerns about her potential conflicts that promoting for-profit charter schools fraud by these shady for-profit col- aren’t clearly resolved by her public without strong oversight for how those leges. Her response was shocking. She ethics agreement. We asked her some schools serve students and families. refused to commit to use the Depart- simple questions about the lack of fi- People who work hard to build good ment’s many tools and resources to nancial transparency and the shady in- charter schools with high account- keep students from getting cheated vestments she plans to keep while she ability are offended by the DeVos nom- when fraudulent colleges break the has a government job. What did we get ination. This abysmal record is trou- law. back? Nothing. Zero. Bupkes. She bling because the Secretary of Edu- In her responses to my written ques- thought our basic questions about eth- cation is responsible for safeguarding tions, she even refused to commit to ics weren’t even worth an answer. That the investments that the Federal Gov- doing what the law requires by can- stinks. This whole process stinks. ernment makes in public schools and celing the loans of students who have At every step along the way, the Re- for holding States accountable for de- been cheated by lawbreaking colleges. publicans have made it clear that no livering a good education for all their An Education Secretary who is unwill- matter her inexperience, no matter her students, especially those who need the ing to cut off Federal aid to colleges radical views, no matter her potential help the most. that break the law and cheat students conflicts of interest, no matter her se- The Secretary is also responsible for would be a disaster for both students crecy, no matter her blowing off basic enforcing critical civil rights laws, like and taxpayers. Betsy DeVos’s refusal anti-corruption practices, they will the Elementary and Secondary Edu- to guarantee debt relief for defrauded ram this nomination down the throats cation Act and the Individuals with students could leave thousands of of the American people sideways. Here Disabilities Education Act, but Betsy Americans saddled with student loan are just a few egregious examples. DeVos’s confirmation hearing dem- debt that by law they are not required First, committee Democrats were al- onstrated to the entire world she is em- to pay. lotted 5 minutes—5 minutes total—dur- barrassingly unprepared to enforce Betsy DeVos also refused to rule out ing her hearing to question Betsy these laws. privatizing the Direct Loan Program. DeVos on her troubling record. Repub- Her apparent unfamiliarity with Think about this. As if our students licans suddenly invented a new rule these critical civil rights laws has ter- don’t have enough problems already, that we couldn’t ask additional ques- rified families who have children with DeVos is ready to let Wall Street banks tions. This is an important job. I asked special needs, terrified families in Mas- get their claws into our students and President Obama’s Secretary of Edu- sachusetts and all across the country. start charging extra profits on top of cation multiple rounds of questions, These parents are afraid we could have the already high cost of student loans. and he had led a public education sys- an Education Secretary who doesn’t If Betsy DeVos won’t commit to tem in the past, but I guess when a Re- even have a basic understanding of the strengthening the Federal student loan publican nominee and megadonor is in Federal laws that guarantee their kids program and running it for students, line to run education policy, we are a chance to receive a public school edu- then she is absolutely unfit to be in supposed to fall in line and keep quiet. cation. charge of it. Second, breaking with standard prac- We still have a long way to go to I am also deeply concerned about the tice and what we did for President make sure all kids in this country have conflicts of interest and potential gov- Obama’s Education nominees, we were

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.016 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S697 forced to hold Betsy DeVos’s hearing strong public education because I have I also heard from Alexandra Loos, a before the ethics review of her billions seen how public education opened a special education teacher from Cam- was completed. The complicated ethics million doors for me, and I know it bridge. She had this to say: review raised a ton of additional ques- opens doors for young people in Massa- I am a special education teacher who tions, but we got absolutely no chance chusetts and all across this country. I works with children with developmental dis- to question her about it. believe that strengthening America’s abilities, and I urge you to vote against the Third, Betsy DeVos is the first nomi- public schools is critical for securing a confirmation of Betsy DeVos as Secretary of Education. nee ever to go through the HELP Com- better future for our children and for I have grave concerns about the qualifica- mittee who has flat-out refused to fully our grandchildren. I also understand tions of Ms. DeVos due to her lack of experi- disclose her financial holdings. She the vital role the Secretary of Edu- ence in the public education system as well will be the first nominee in recent his- cation plays in making sure every as her record of support for charter and pri- tory to hold secret trusts. She was sup- young person has real opportunities vate schools that are not obligated to follow posed to complete a form that requires and a fighting chance to succeed. Federal education standards or guidelines. nominees to list in detail all of their Most urgently, as a professional who spe- We are one vote away from making cializes in evaluating and treating children assets, investments, and gifts so that sure this job is not entrusted to Betsy with autism, Down syndrome, learning dis- the committee has a full understanding DeVos. One vote. We need just one abilities, ADHD, and other developmental of the nominees’ potential conflicts of more Republican to stand up for the and behavioral disorders, I am extremely interest. No, she wants to keep many children of America, to stand up for concerned about Ms. DeVos’s apparent lack of her holdings in a family trust a se- public education, to stand up for col- of understanding of the Individuals with Dis- cret, so she just won’t tell. lege students, to stand up for basic de- abilities Education Act (IDEA), the federal Fourth, Republicans ignored and cency and honesty in government. law that guarantees ‘‘a free and appropriate overrode the rules of the Senate in public education’’ to children with disabil- With just one more Republican, we can ities. During her confirmation hearing this order to barely squeeze the DeVos nom- say this Senate puts kids ahead of par- week, Ms. DeVos appeared to be unfamiliar ination out of committee as quickly as tisan politics. With just one more Re- with IDEA . . . stating that she felt that en- possible. And now, with at least 50 Sen- publican, we can say this Senate still forcement of this federal law should be left ators—Democrats, Republicans, and cares about public officials who put the up to the states. This is unacceptable and Independents—publicly opposed to this public ahead of their own interests. clearly indicates that Ms. DeVos is unquali- nomination, the Republican leadership fied to serve as Secretary of Education. Just one more Republican, that is all With approximately 13% of public school has rigged the vote so that Senator we need. Just one. children in special education, it is essential SESSIONS can drag her across the finish I assumed that the rush to complete that an Education Secretary be knowledge- line just before he is confirmed as At- this nomination has something to do able and supportive of the federal laws that torney General. Why is Senator SES- with the fact that Republicans’ phones guide special education services. Please vote SIONS even voting on this nomination? have been ringing off the hook from ‘‘no’’ on Ms. DeVos’s confirmation. It is a massive conflict of interest. As citizens who are outraged by the idea Yes, Alexandra. Yes. the AG, SESSIONS will be responsible of this nomination. Before these Re- My office also heard from Diana Ful- for enforcing the law against DeVos if publicans decide whether to help Don- lerton, a school adjustment counselor her cesspool of unresolved financial ald Trump reward a wealthy donor by from Salem. Diana said she had never conflicts results in illegal behavior, putting someone in charge of the De- written to a politician before, but she but apparently the Republicans just partment of Education who doesn’t felt strongly enough about Betsy don’t care. really believe in public education, I DeVos to write: Let’s face it: The Republican leader- want them to hear from the people of I am a school adjustment counselor in an ship wants DeVos, and they are willing Massachusetts, the people who on their elementary school in Gloucester. I have to ignore her hostility to public own have contacted me about this never gotten involved much in politics until schools, willing to ignore her indiffer- nomination. this election. I went to the Boston Women’s March on Saturday and this is my first time ence to laws that protect special needs I have received countless letters and kids, willing to ignore the giant ethical writing to a politician. I am extremely con- calls from constituents in Massachu- cerned about Trump’s nomination for Sec- cloud that hangs over her—ignore it all setts, including a batch of letters from retary of Education, Betsy DeVos. In my so that billionaire and Republican a new local grassroots organization— work I support students who are very vulner- campaign contributor Betsy DeVos can Essex County #6 Indivisible—that is able: on IEPS, in high-poverty environments, be Secretary of Education. The Amer- very concerned that Betsy DeVos is a identifying as gay or transgender, and com- ican people can see what is happening danger to our schools. So I just want to ing from backgrounds where English is a sec- here. share a few of those letters with my ond language. I believe that Ms. DeVos’ ex- I commend my Republican col- treme and uneducated positions on the needs colleagues right now. of students in public schools could harm my leagues, Senators COLLINS and MUR- I heard from Matt Harden, who is a children. Please vote against her nomination KOWSKI, for standing up for what is teacher from Plymouth, and he wrote as Secretary of Education. right and saying they will vote against this: Thanks, Diana. I will. Betsy DeVos’s nomination on the floor. I have been a teacher for fifteen years and I heard from another teacher from I know how difficult it can be to stand a parent for seven. I feel incredibly proud of Newton, who said: up for what is right even under over- the schools in the Commonwealth of Massa- I am opposed to Betsey DeVos as the next whelming pressure from your own team chusetts, and view my position as a music Secretary of Education. I have spent my en- to just keep your head down and go educator not simply as a job but a vocation. tire life as a teacher—first in public and pri- with the flow. They have been listening The recent referendum in the Common- vate schools for 14 years teaching French, to the teachers and parents in their wealth regarding the expansion of cap on then as a member of the faculty of Lesley States, and I deeply respect their prin- Charter Schools was soundly defeated by the University for 26 years, and now as a teacher cipled opposition to this nomination. electorate. I have grave concerns about Ms. in a Life Long Learning program at Bran- DeVos and her ties to corporate interests in I have also heard from thousands of deis. I cannot imagine having a Secretary of education. Schools are not businesses, and Education who has never had any direct edu- teachers, parents, and education lead- students are not products on an assembly ers in Massachusetts raising deep con- cational experience. I am also very worried line. This line of thinking is a clear and about her views of public education and her cern about Betsy DeVos’s nomination. present danger to our students, and reflects appalling record on civil rights. Strong edu- I hear their concern, and I share their a lack of familiarity with the public edu- cation is the foundation of our democracy. concern. cation system. Please do what you can to maintain and im- You know, this isn’t just politics, In this matter, my concerns are not lim- prove our current system. ited to the borders of our own state but the this is deeply personal. It is personal Thank you. for me. My first job out of college was equitable access to education across our na- tion. Ms. DeVos is not the right person to be Yet another teacher contacted our as a teacher. I taught little ones, chil- an intellectual and educational leader for office, this one from Abington. She dren with special needs, in a public ele- our nation—we need real change and ideas, wrote: mentary school. I have never lost my not privatization and politicization of our I believe in my community’s public appreciation for the importance of youngest and most vulnerable citizens. schools. In fact, I’ve worked in them as a

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.017 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S698 CONGRESSIONAL RECORD — SENATE February 6, 2017 teacher for over 15 years. The nomination of rights are not and cannot become a partisan many pertinent issues and concepts—an inti- Betsy DeVos has me seriously considering a issue. Thank you for ensuring that public mate knowledge of which is required to change of employment. Betsy DeVos believes education for ALL will be protected. Somer- shape good educational policy. in school privatization and vouchers. She has ville, and Massachusetts, needs it. And we 3) Despite lacking both the prerequisite worked to undermine efforts to regulate won’t succeed with Betsy DeVos as Sec- knowledge and experience within the field of Michigan charters, even when they clearly retary of Education. education, she actively used her wealth to fail, and yet she has never worked in a Thank you, Kate. Thanks for writing. sway legislators in Michigan away from school. The marketplace solution of DeVos Samantha Lambert, a mother of four their initial support of bipartisan measures, will destroy our democratically governed from Everett, also contacted us with based on a broad coalition of informed par- community schools. Her hostility toward ticipants, to regulate and improve charter public schools disqualifies her. I am asking her concerns. Samantha wrote: schools. (For the record, I do support charter you to vote against the confirmation of I am a voter from MA who has struggled schools, but understanding that there is a Betsy DeVos. with the change coming as a result of this vast disparity in their quality, I see the need We also heard from parents all across election. . . . It is difficult to focus when for rigorous oversight.) Her efforts, I believe, the State, including Leslie Boloian, a there is a new outrage at every turn. have been more detrimental than beneficial mother from Andover. Leslie said: No one frightens me more than Betsy to the children of Detroit. DeVos. Why? The impacts of her ignorance 4) Her suggestion that enforcing IDEA I am a mother of an 8 year old who is and disdain for public education will remain should be left to the states is very troubling. dyslexic. She is smart and very capable of with us for a generation. I have 4 children, Such policy would leave our most vulnerable learning what other kids can learn; however, all educated in the Everett Public School students very far behind. she needs specialized education. Through the System, one of whom benefits from Special While I agree with Ms. DeVos that our edu- public school system, she is learning to read Education. cational system would benefit from some ad- and continues to reach new milestones daily. We have one opportunity to get it right ditional choice for parents, I think she’s I fear that Betsy DeVos could put my daugh- with our children. I was asked by a conserv- wildly mistaken if she believes a completely ter’s education at risk. ative friend who was curious why this ap- free market will fix our schools. We need a I urge you to oppose Secretary of Edu- pointment brought such a backlash, and the cation nominee Betsy DeVos, who is best Secretary of Education who believes in prop- answer was simple for me. Our job is to pro- known for her anti-public education cam- er oversight and can help create effective tect our children, the nation’s children. paigns! measures of assessment and accountability The chance for the success of a child Those unable to influence their future with a to improve education for all our children. should not depend on winning a charter lot- vote. There is no mandate for the destruc- That’s what the Department of Education is tery, being accepted by a private school, or tion of our most treasured institution, the for. To run it successfully, we need a Sec- living in the right ZIP code. It is our duty to foundation of our democracy. retary, unlike DeVos, who is well trained in My son deserves a free and fair education, ensure all students have access to a great the field. as do his siblings. As do their peers. The chil- public school in their community and the op- Thank you, Laura. dren in our school district are in the lower portunity to succeed. Betsy DeVos has con- socioeconomic rung. Many rely on public A mother from Clinton also wrote sistently worked against these values, and transportation and neighborhood public about how she would be personally af- her efforts over the years have done more to schools. That takes the choice out of school fected by Betsy DeVos, saying: undermine public education than support all choice, doesn’t it? It favors students on eco- students. I have an 8-year-old daughter with Autism Betsy DeVos has no experience in public nomic lines, furthering the divide and put- Spectrum Disorder who receives services schools, either as a student, educator, ad- ting an undue burden on the schools left be- through our public elementary school. I be- ministrator, or even as a parent. She has lob- hind who will struggle to serve the students lieve that every individual deserves an equal bied for failed schemes, like vouchers to fund that need this gift of education most. education. IDEA must be upheld! My daugh- The public hearing demonstrated that Mrs. private schools at taxpayers’ expense. These ter is doing very well with her studies be- DeVos is wholly unqualified for this appoint- privatization schemes do nothing to help our cause of the supports she receives. She is a ment. Her answers or lack of answers, spe- students most in need, and they ignore or ex- very smart girl but needs and deserves ac- cifically regarding IDEA and school choice, acerbate glaring opportunity gaps. commodations. I am thankful there are laws We need a Secretary of Education who will were frightening. As a parent, I was literally to protect her. champion innovative strategies that we shaking. Betsy DeVos thinks that states should de- My nine-year-old son was listening to a know help to improve success for all stu- cide how to fund education for individuals portion and heard Senator Hassan mention dents, including creating more opportunities with disabilities. I believe it should remain dyslexia in her question. He cheered and and equity for all. Betsy DeVos is not that federally mandated. I wouldn’t be able to af- asked if we were going to make sure all kids person, and I urge you to vote against her for ford a private education for my daughter in get special help to read. I couldn’t answer Secretary of Education. a special school. I know there are many more him because in her answer, Mrs. DeVos parents like me. Thank you, Leslie. seemed not to know that IDEA is a Federal I also opposed expanding Charter schools Kate Brigham, a mother from Somer- law protecting these beautiful minds. Pro- in our state. I believe publicly funded schools ville, also wrote. She said. tecting them from being a line item that can should be publicly run and overseen. My name is Kate Brigham, and I am a con- be wiped away, their future successes and I request you reject Betsy DeVos for Edu- stituent of yours from Somerville. . . . I’m achievements going right along with it. cation Secretary. writing to urge you to vote against Betsy I ask you, please oppose Betsy DeVos for Thank you. Education Secretary, for the good of ALL DeVos’ confirmation as Secretary of Edu- Another parent wrote to say: cation. The future of our kids here in Somer- our nation’s children. ville and across the country are depending Thank you, Samantha. Thanks for I am writing to express my strong opposi- on you to see the difference between edu- tion to the confirmation of Betsy DeVos as writing. Secretary of Education. She has dem- cation progress and privatization. We also heard from Laura The majority of America’s school children onstrated NO commitment to public edu- attend public schools. We cannot leave their Fukushima, a mother and former cation throughout her life, and her support futures and the future of our country in the teacher from Dedham. She wrote to of charter schools in Detroit has been a dem- hands of a woman whose ideas to privatize say: onstrated failure. The framing of for-profit school funding have already left the state of Before having my own children, I taught in charter schools as providing ‘‘choice’’ for Michigan and its children in shambles. Her public schools for five years—three in Boston parents is a false framing—it provides the il- personal financial conflicts of interest are and two in Tennessee (Sumner Country)— lusion of a poorly regulated and poorly su- staggering. and I’m writing to ask you to vote against pervised choice for some parents while lim- The Individuals with Disabilities Edu- confirming Betsy DeVos as Secretary of Edu- iting the resources and choices left to the cation Act—which DeVos did not know was a cation. other parents and leading to a downward spi- federal law—guarantees rights to both stu- It’s evident that Ms. DeVos is passionate ral in the quality of public education. Trans- dents with disabilities and to their parents. about education—judging from the enormous ferring public funding of education to for- So this isn’t just about civil rights; it’s also amounts of money she has poured into shap- profit charter schools, creaming off the chil- crucial to families. We cannot afford a Sec- ing policy—and I have no reason to doubt her dren of the most motivated parents, and retary of Education who’s ‘‘confused’’ on intentions are good. But that doesn’t qualify leaving the more difficult, lower income, and what the law is. My own 2-year-old daughter her for this job. Here are my concerns: children with special education challenges is benefits from MA’s wonderful Early Inter- 1) Aside from having no experience in pub- a prescription for failure of public schools vention program and will need special edu- lic schools, either as a parent or a student, and will result in herding lower-income stu- cation services when she turns 3 in Sep- she has no experience in any kind of school dents into dysfunctional schools, setting tember. as an educator. them up for a lifetime of underemployment. IDEA and the ADA were both signed into 2) At her confirmation hearing, she dem- I am not a teacher, nor a member of a law by Republican Presidents. Disability onstrated a lack of basic understanding of teacher’s union. I am a mother, and I was

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.019 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S699 proud to send my son to the Brookline Pub- lieve in public schools and I believe that I am writing to you today as a public lic Schools for his entire K–12 education. I Betsy DeVos is not the right direction for school teacher and a Ph.D. Candidate in want other children to have a chance for a our public education system. She is dan- Urban Education, Leadership and Policy quality education, not to be the fodder for a gerous, and her lack of knowledge is appall- Studies. I believe in public schools. Betsy private, for-profit charter school with no ing. DeVos believes in school privatization and commitment to the public good. Also, and I thank you so much for asking vouchers. She has worked to undermine ef- Quality public education is the foundation about this at her hearing—student loans are forts to regulate Michigan charters, even of a free society and the key to sustaining a not a business, they are a crisis in this coun- when they clearly failed. The ‘‘marketplace’’ vibrant economy in the future. Please oppose try. My husband has a six figure debt, with solution of DeVos will destroy our democrat- the confirmation of Betsy DeVos. interest rates at 7.5 percent. He had to take ically governed community schools. She has A woman from Canton also wrote in. a job . . . rather than pursue his dreams of no professional experience in the education working in criminal justice because he need- field. She does not truly understand the nu- She said: ed a job that could pay his $1,000 a month ances of public education nor does she want As a parent of public school children, I student loan bill. Our saving grace is that I to understand. urge you to reject the nomination of Betsy have a good job, and my student loan debt is I managed to earn scholarships that took DeVos as Secretary of Education. A free and nearly paid off—because I was loaned a rea- care of most of my schooling, but I still have appropriate education is the cornerstone of sonable amount at a reasonable 2 percent in- about $80,000 in student loans. (Not bad for 2 our democracy, but Ms. DeVos has shown no terest rate. We are a case study in how the expensive private institution degrees!) I am a interest in preserving public education. In program should work vs. predatory lending. first generation college student and my sin- fact, she has worked tirelessly to divert pub- gle mother could not afford to help me pay That is so true. Thanks for writing. for my schooling. Betsy DeVos just doesn’t lic funds into private pockets by way of de- Liz Bosworth, a mother of two from regulating and expanding charter schools have experience in K–12 public schools, but and to offer vouchers which can be used at North Dartmouth, had this to say: she has no experience in running the student private and religious schools. This is a clear While I am fully aware that you do not loan department. The Federal student loan violation of our principle of separating support the nominations for many of Presi- program is far from perfect. We need some- church and State. dent Trump’s nominees, I am currently most one running it who is knowledgeable in the Ms. DeVos’s strategies have had disastrous concerned about Ms. DeVos. I watched parts process, believes in making college more af- consequences in Michigan. Eighty percent of of her hearing and I remain concerned that fordable, and understands what it feels like charter schools there operate for profit. there was a denial for a second hearing. I to not be sure how you will pay for college. When schools look first to satisfy investors, hope this leads to continued questions and a She has no qualifications of any kind in this they rely on teaching to standardized tests, final opposition of her as Secretary of Edu- area. I am asking you to vote against the con- not on educating children. Here in Massachu- cation. Your lines of questioning served to firmation of Betsy DeVos. Please consider setts, we overwhelmingly rejected the idea, highlight her lack of qualifying experience this request and the thousands of other peo- one funded by billionaires, and resisted by but still, in light of this last six month’s pol- itics, I believe anything is possible. ple across the country who vehemently dis- parents and public school teachers. agree with Ms. DeVos’s candidacy. Please join us in opposing a ‘‘lead educa- As the mother of two small children and a tor’’ who has never gone to a public school daughter-in-law, niece, cousin, friend, and Thank you. nor sent her children to one. Please consider wife of public school teachers, I find her to Sarah Rothery, a mother of two from that the nation’s future depends on edu- be quite alarming and somewhat scary as the Northborough, told me about her two cating every child, and that to do so, we need potential leader of that office. We are strong sons, saying: to restore and strengthen our public school proponents of public education and of teach- I am writing to ask that you oppose the system, not dismantle it in favor of profiting ing our children to value their time in school confirmation of Ms. DeVos for the cabinet off the backs of our youth. and to achieve high levels of success. position for which she was nominated under With that comes some anxiety around President Trump. I have put 2 sons through Thank you. their aspirations to higher learning. As a It is no surprise that we also heard college thanks to Stafford loans and personal master’s level social worker, I will be paying savings and I think she has no idea what is from many constituents struggling off my loans until I start to pay for my son’s involved in middle class families financing with student loans. One of those was higher education. I do not want the debt for college educations today. One of my sons is Liam Weir, a college student from my children that I have. At this rate, I am now an 8th grade history teacher in a public Brighton, who had this to say: saving far much less money per month for charter school, Abbot Kelly Foster, in their college funds while paying off my own. As a college student and a resident of the Worcester, and worries that Ms. DeVos has I want my children to go higher than myself, State of Massachusetts, I am writing you to no real understanding of urban education as but I want them to do so with a level of con- express my deep concern over the potential well. fidence in their finances that I was not af- appointment of Betsy DeVos to the position Thank you, Sarah. Thanks for writ- forded. Ms. DeVos, highlighted by you in her of Secretary of Education. Ms. DeVos is ex- confirmation hearing, has not been involved ing. traordinarily unqualified to lead such a de- with student loans on any level and does not I have also heard from Alicia partment. The fact that the President has have the experience to become entrusted Bettano, a former student from chosen such a person, with no experience in with my current debt or the debt of my chil- Merrimac who bravely shared with me education administration in any capacity at dren. her own experiences. This is from any level, is an insult to the millions of Finally, I would like to highlight my ab- Alicia: teachers, students, and school administra- ject fear of the treatment of those students tors across the country. Ms. DeVos’s policies I suffer from a Non Verbal Learning Dis- with learning disabilities, particularly se- order. Up until I was 13 years old I was not will undermine already struggling public vere and profound disorders, if she is con- school systems by allocating taxpayer funds diagnosed with anything. I went to aides, firmed. While I see many walks of life in my speech therapists, everyone. I had trouble in to advance a cynical and deeply troubling field, my mother was a proud special edu- the maths and in sciences. I was thought of agenda against established science. I myself cation teacher in New Bedford for 33 years. as stupid. I was yelled at by aides. When I am a recipient of Federal college grants and She was proud to be able to teach life skills was 13 and diagnosed, my teachers didn’t un- loans, and I am growing increasingly con- like budgeting, simple cooking and social derstand. They thought sitting me closer to cerned about Ms. DeVos’s competency in skills to her students who may not ever be the white board would allow me to under- managing the looming student debt crisis. college ready. We worry about those kids and stand better, despite the fact that it was Now more than ever is a time for the Edu- what will become of them if Ms. DeVos is their teaching methods that confused me. I cation Department to be run by capable and confirmed. My husband is currently em- was told I would not go to college or grad- caring individuals, not willfully ignorant ployed in a collaborative that works with uate. My parents had to hire an advocate to ones. mentally ill children who need a different work for me to get my teachers and school A young mother from Winthrop also kind of educational process but can still to understand my disability. It took me reached out to us. She had this to say: achieve the same goals. I am not sure they some time to figure out what I wanted and I urge you to vote No on the confirmation would ever qualify for a voucher to attend needed, but in May I graduated college. Betsy DeVos would be a horror for those of Betsy DeVos, a singularly unqualified in- some Charter school. with disabilities; not just learning ones, but dividual . . . among a veritable sea of un- We are committed to families and commu- mental ones. I was lucky I had parents and qualified individuals this administration has nity maintenance of all students with the one teacher backing me. What about the chosen to lead our country. right care at the right time. I am not sure ones that don’t? Putting Betsy DeVos into My husband and I have no personal stake that Ms. DeVos is committed in the same office will hurt our children in America— in public education over the next 4 years. way. that’s not making America great. Our daughter is only 7 months old. But I am Please vote to oppose Ms. DeVos. the child of two public schoolteachers in RI, Thank you, Liz. Thanks for writing. Alicia, thank you for writing. I really my friends are teachers, my friends’ children I heard from another student in Bos- appreciate it. Congratulations on your are in school, my nephews, cousins, etc. I be- ton who told me the following: graduation.

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.021 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S700 CONGRESSIONAL RECORD — SENATE February 6, 2017 A man from Brookline also wrote in, est levels of accountability and oversight NOMINATION OF NEIL GORSUCH AND THE saying this: that are the hallmark of the Massachusetts CABINET As someone passionate about education, charter system. Mr. MCCONNELL. Mr. President, By all independent accounts, Massachu- especially the education of students in Mas- President Trump’s outstanding Su- setts has the best charter school system in sachusetts, and as a graduate of a public ele- preme Court nominee Neil Gorsuch has the country. We are providing high quality mentary school, middle school, high school public school choices for parents across our earned high praise from all across the and college; as a young professional bur- state. Our urban schools are serving the political spectrum. dened by education debt; as the husband of highest need children in Massachusetts, and Some of it has come from unlikely an early childhood educator working in a are producing results that have researchers corners, whether Democratic Senators, struggling Boston neighborhood; as a mem- double-checking their math. These gains left-leaning publications, President ber of a family filled with men and women held across all demographic groups, includ- dedicated to careers in public education, I Obama’s own legal mentor, even his ing African American, Latino, and children strongly urge you to oppose Secretary of former top Supreme Court lawyer. We living in poverty. Education nominee Betsy DeVos. My vote have heard from those Gorsuch has The cornerstone of the Massachusetts for or against candidates in future elections taught. We have heard from many who charter public school system is account- will be informed by whether the candidate ability. The process of obtaining and keeping have worked alongside him. In fact, publicly opposed this Secretary of Education a charter is deliberately difficult. The state just a few days ago we received a letter nominee. from several of his former law col- Betsy DeVos has consistently worked Board of Elementary and Secondary Edu- against public education and she is incred- cation is the sole authorizer and historically leagues. So let me share some of that ibly unqualified for this position. At best, has approved only one out of every five ap- with you now. The letter began: she should be an undersecretary focused on plications. Once approved, each charter We are Democrats, Independents, and Re- public-private partnerships. If you must school must submit to annual financial au- publicans. work with the incoming administration, sug- dits by independent auditors and annual per- Many of us have served in government, gest her nomination for that role, but you formance reviews by the state Department of some during Republican and some during must oppose her cabinet-level appointment. Elementary and Secondary Education. Every Democratic administrations; some of us have DeVos has no experience in public schools, five years, each charter must be renewed served in both. We have clerked for Supreme either as a student, educator, administrator after a process as rigorous as the initial ap- Court justices and appellate and district or even as a parent. She has lobbied for, and plication process. For-profit charter schools court judges appointed by Democratic and been employed by, initiatives that have un- are prohibited by Massachusetts law. Republican presidents. We represent a broad dermined public education in America. Our schools have also created partnerships spectrum of views on politics, judicial phi- We need a Secretary of Education who will with many Massachusetts public school dis- losophy, and many other subjects as well. champion innovative strategies that we tricts to foster collaboration and best prac- But we all agree on one thing: Our former know help to improve success for all stu- tices sharing, and have forged an historic colleague, Neil M. Gorsuch . . . is superbly dents, including creating more opportunities Compact between Boston charter public qualified for confirmation. and equity for all. I urge you to vote against schools and the Boston Public Schools that He is a man of character, decency, and ac- Ms. DeVos for Secretary of Education. has become a national model. complishment, [one who represented all of Bipartisan support has been key to the de- What does Betsy DeVos have to say his clients] without regard to ideology [and velopment and success of the Massachusetts one] who merits this appointment. to Matt and Diana or to the thousands system. Created in 1993 by a Democratic Leg- Clearly, it is not going to be easy to of other teachers who have more expe- islature and a Republican Governor, public rience in public education than she charter schools have continued to receive paint Judge Gorsuch as anything but does? What does she have to say to Les- support from all Governors, Republican and extremely qualified and exceptionally lie and Samantha, whose children have Democratic alike, and Democratic legisla- fair, but that hasn’t stopped some on benefited from the programs she wants tive leaders. the left from trying. They started mus- to cut? What does she have to say to If the new President and his nominee in- ing about blocking any nominee before tend to advance the cause of school choice the President had even nominated any- Sarah, who relied on Stafford loans to across the country, they should look to Mas- put her sons through college? one. It is a good reminder that much of sachusetts for their path forward. the opposition we are seeing from far It is not just individuals who are The history of charter schools in Michigan worried about Betsy DeVos. We have offers a more cautionary tale. The same re- left groups and Democratic Senators heard from groups across the State as searchers from Stanford that declared Mas- isn’t so much about Judge Gorsuch as well. The Massachusetts Charter Pub- sachusetts charter public schools an unquali- it is about their dissatisfaction with lic School Association wrote me, say- fied success, had mixed reviews for Michi- the outcome of the election. ing this: gan’s charters. As a Washington Post headline re- According to media reports, last year Ms. cently declared, ‘‘Democrats’ goal with Dear Senator Warren, DeVos actively campaigned against bipar- court nomination: Make it a ref- As the Association representing the 70 tisan legislation that would have provided Massachusetts commonwealth charter public erendum on Trump.’’ more oversight for Michigan’s charters. If ‘‘[P]rominent Senate Democrats,’’ schools, we are writing to express our con- these reports are true, we are deeply con- cerns over the nomination of Elisabeth cerned that efforts to grow school choice the article read, are ‘‘giving the nomi- DeVos as U.S. Secretary of Education. We do without a rigorous accountability system nee’s 10-plus years on the U.S. Court of not express these reservations lightly, but will reduce the quality of charter schools Appeals for the 10th Circuit almost sec- we believe it is important to raise certain across the country. We hope you agree that ondary consideration.’’ It seems they issues that should be addressed by the nomi- quality, not quantity, should be the guiding believe their best, and perhaps only, nee. principle of charter expansion. Without high Both President-elect Trump and Ms. DeVos bet to bring down this highly qualified levels of accountability, this model fails. are strong supporters of public charter judge is by ‘‘inject[ing] Trump into the We ask that you use the hearing to probe schools, and we are hopeful they will con- process.’’ the incoming Administration’s intentions re- tinue the bipartisan efforts of the Clinton, The very next day, the New York garding education policy in general and Bush and Obama Administrations to pro- school choice and quality specifically. Times ran an article about Democrats’ mote the continued expansion of high qual- We’d be happy to provide you with more apparent hope that this Supreme Court ity charters while pursuing reforms that will information on the Massachusetts model and fight will be ‘‘More About Trump Than strengthen traditional public schools. would welcome a meeting with your staff to Gorsuch.’’ In other words, our Demo- But we are concerned about media reports brief them on our concerns. of Ms. DeVos’ support for school vouchers cratic colleagues are finding it hard to Sincerely, and her critical role in creating a charter oppose Judge Gorsuch on the merits, so Massachusetts Charter Public School Asso- system in her home state of Michigan that they are trying to divert attention and ciation Board of Directors. has been widely criticized for lax oversight invent new hurdles for him to sur- and poor academic performance, and appears The people of Massachusetts cannot mount. That is the playbook. Sure to be dominated by for-profit interests. afford Betsy DeVos. This is why I will enough, we see them running the play. As the senior Senator from Massachusetts vote no on her nomination and why I Consider the assistant Democratic and a member of the U.S. Senate Committee urge my colleagues to do the same. leader’s speech the other day. It was on Health, Education, Labor & Pensions Mr. President, I yield the floor. (HELP), which will hold hearings on the supposedly about Judge Gorsuch. He nomination, you will be in a position to en- RECOGNITION OF THE MAJORITY LEADER sure had a lot to say about President sure the nominee commits to holding the na- The PRESIDING OFFICER. The ma- Trump, about things President Trump tional charter school movement to the high- jority leader is recognized. has done, about things President

VerDate Sep 11 2014 05:14 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.022 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S701 Trump might do, about refighting old nominated them, just like we are see- frustration. More than that, on behalf battles but precious little about the ing with President Trump’s out- of the people we were sent here to rep- qualifications of the actual nominee standing Supreme Court pick. The resent—the American people—I regret before us, and precious little about the Democratic leader and his colleagues that petty politics has gotten in the increasing number of accolades he has are under a great deal of pressure from way of the ability of our colleagues been receiving, especially from well- those on the left who simply cannot— across the aisle to get over the fact known folks on the political left. I cannot—accept the results of a demo- that the election didn’t turn out quite mentioned several a moment ago. cratic election. They are calling for the way they hoped and to get back to Now we can add another to the list: Democrats to delay and punt and work on behalf of the American people. Alan Dershowitz, the famous constitu- blockade the serious work of the Sen- This week we will continue to grind tional scholar and longtime Harvard ate at any cost. They would like noth- our way through consideration of law professor. Dershowitz described ing more than for Democrats to con- President Trump’s nominees, despite Gorsuch as ‘‘highly credentialed and tinue to resist and prevent this Presi- the best efforts of our friends across hard to oppose’’ and dismissed the idea dent from moving our country forward. the aisle to obstruct and to slow walk. that he would be caricatured as some Unfortunately, many of our friends Because of their insistence on taking sort of ‘‘extreme right-wing [ideo- across the aisle have given in to these advantage of every possible procedural logue].’’ ‘‘[T]hat doesn’t seem to fit groups’ calls for obstruction, and some delay, they have tried to grind the Sen- what I know about him,’’ Dershowitz have even gone to unprecedented ate to a near halt, but we have over- said, adding that Gorsuch will ‘‘be hard lengths to delay for delay’s sake. They come that obstruction. We came to- to oppose on the merits.’’ Indeed, he have forced meaningless procedural gether early Friday morning and voted will. hurdles, they have stalled confirmation to move forward with the President’s That is precisely why our Democratic votes as long as possible, they have nominee for Education Secretary— colleagues are making the debate on postponed hearings, and they have even about 6:30 in the morning. It was a lit- his nomination about other things and boycotted committee meetings alto- tle earlier than we usually convene, other people. That is also why they are gether. Their excuses are ever-chang- but I am glad we were able to get it arguing that there are special hurdles ing, and some border on the absurd. done. for Judge Gorsuch to clear—hurdles ‘‘We don’t like the seating arrange- I am confident that we will get Mrs. they are forced to admit were not there ment,’’ they say. ‘‘We can’t be late to a DeVos confirmed soon. Then, thanks to for the first-term nominees of Demo- protest,’’ they argue. There was even former Democratic leader Harry Reid, cratic Presidents. some excuse about a YouTube video. the Democrats know they cannot block When even a leftwinger like Rachel Look, enough is enough. The Amer- these nominees from taking office. Be- Maddow can’t help but admit that ican people elected a new President cause of the so-called nuclear option, Judge Gorsuch is ‘‘a relatively main- last November. Democrats don’t have they reduced the voting threshold from stream choice,’’ when even Maddow to like that decision, but they do have 60 to 51, meaning that, with 52 Repub- characterizes a Democratic attempt to a responsibility to our country. The licans and, hopefully, with a little help filibuster his nomination as ‘‘radical,’’ American people want us to bring the from some of our friends across the it is hard to argue otherwise. That will Nation together and move forward. It aisle, every single one of President not stop many on the far left from try- is far past time to put the election be- Trump’s Cabinet nominees will be con- ing. hind us and put this President’s Cabi- firmed. We can take that to the bank. I invite Democrats, who spent many net into place, just as previous Senates All they can do, which is all they months insisting ‘‘we need nine,’’ to have done for previous newly elected have done up to this point, is to slow now follow through on that advice by Presidents of both parties. the process down for no reason other giving this superbly qualified nominee Mr. President, now I wish to say a than the fact that they can. Again, fair consideration and an up-or-down few words about one nominee whom we thanks to Senator Reid, all of the vote. It is time to finally accept the re- will be voting on tomorrow. The nomi- President’s nominees will be con- sults of the election and move on so we nee for Education Secretary, Betsy firmed. This type of behavior is really can all move our country forward. DeVos, is a well-qualified candidate pretty juvenile, if you ask me, and it That would also apply to other nomi- who has earned the support of 20 Gov- can’t actually accomplish anything. It nations before the Senate. Just before ernors and several education groups is a strategy in search of a goal. They the election, the Democratic leader from across the Nation. As Education don’t have any particular goal in mind, said he believed the Senate has a Secretary, she will be our students’ because at the end of the day, the ‘‘moral obligation, even beyond the foremost advocate, working to improve President will get the Cabinet that he economy and politics, to avoid grid- our education system so that every has nominated and deserves. lock.’’ Put simply, he said: ‘‘We have to child has a brighter future. After the vote tomorrow on Mrs. get things done.’’ Yet just a few Importantly, she also understands DeVos for Cabinet Secretary of Edu- months later, Democratic obstruction that our teachers, students, parents, cation, we will vote to confirm Senator has reached such extreme levels that school boards, and local and State gov- SESSIONS, our longstanding colleague, the smallest number of Cabinet offi- ernments are best suited to make edu- as Attorney General. In addition to cials have been confirmed in modern cation decisions—not Washington bu- him and the Education Secretary, we history at this point in a Presidency. It reaucrats. I have every confidence that have the Secretary of Health and is a historic break in tradition, a de- Mrs. DeVos will lead the Department of Human Services and the Secretary of parture from how newly elected Presi- Education in such a way that will put Treasury, too. These, of course, are key dents of both parties have been treated our students’ interests first, while also positions in the new administration. in decades past. strengthening the educational opportu- Now, 18 days after President Trump’s In fact, by this same point into their nities available to all of America’s inauguration, he still doesn’t have the terms, other recent Presidents from children. help he needs in these critical posts. I both sides of the aisle had more than I urge colleagues to join in con- believe this kind of mindless obstruc- twice as many Cabinet officials con- firming Betsy Devos so that she can tion is actually irresponsible, if not firmed as President Trump does now. begin the very important work before downright dangerous. I know our President Obama had 12 Cabinet offi- her without further delay. Democratic colleagues said they con- cials confirmed at this point in his The PRESIDING OFFICER. The Sen- firmed General Mattis, the Secretary term, President George W. Bush had all ator from Texas. of Defense, and later on the Director of 14 Cabinet nominees confirmed at this THE CABINET AND CONGRESSIONAL REVIEW ACT the CIA and, yes, they finally con- point, President Clinton had 13, and Mr. CORNYN. Mr. President, I sat firmed the Secretary of State. But the President Trump has a mere 4. here and listened with interest to the Attorney General is part of the na- It seems this gridlock and opposition majority leader’s comments about this tional security Cabinet. They run a lot has far less to do with the nominees ac- strategy of obstruction and slow walk- of the counterterrorism efforts for the tually before us than the man who ing the President’s Cabinet. I share his Department of Justice.

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.024 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S702 CONGRESSIONAL RECORD — SENATE February 6, 2017 This is not only irresponsible, but mately block recent regulations hand- brought up within that establishment. this is, I believe, dangerous. It should ed down by the Federal Government. Instead, he chose an outsider, someone also be an embarrassment. The Amer- That is what we did last week, and that much like himself but someone more ican people expect their Senators and is what we are going to continue to do. interested in results, rather than pay- Congress to do our jobs and fulfill the We can roll back many of the Obama ing homage to and feeding the edu- duties to those who we represent. If our administration rules that are killing cation establishment here in Wash- Democratic colleagues don’t want to jobs and stifling economic growth. ington, DC, and retaining the power support one of the very well-qualified At the end of last week, we repealed over the important decisions that nominees of the President, that is fine. the rule called the stream buffer rule, should be handed back down to the That is their right, but don’t slow walk which actually didn’t have anything to States, down to teachers, parents, and and slow down the institution of the do with streams. It was a job-killing students, as they choose how best to Senate just to score some political regulation that was more about stifling get to accomplish our universal goal of points or to feed some of the irrational domestic energy production, and I am making sure every child has a good rage that you see depicted in some glad we did away with it. education. quarters. On Friday, Congress passed another This fight isn’t about the quality of Dragging this out doesn’t do any resolution—one I was happy to cospon- education in our country. This fight, good. It won’t change the outcome, and sor. That was aimed at chipping away for those who are opposing Mrs. DeVos, it ill serves the American people. Let’s the regulatory burdens for our commu- is largely about whether we should re- get these nominations done so they can nity banks and other financial services tain power here in Washington, DC, so be sworn in and begin their service to organizations brought on by Dodd- that Washington can continue to dic- this new administration and, more im- Frank. tate to the States, parents, and teach- portantly, to the American people. I am all for transparency, but I am ers what policies they need to apply in In addition to our work on nomina- against laws that give advantages to our K–12 education system or whether tions, last week the Senate started to foreign companies over our own. This we are going to return that power back consider a number of measures to block Securities and Exchange Commission where it should be—back into the a host of regulations put in place by rule would have done that by forcing hands of parents, teachers, and local the Obama administration during the American companies to disclose con- school districts. last 6 months that President Obama fidential information that their foreign That is what this fight is all about. was in office. Under President Obama, competitors can keep under wraps. It That is why I am glad that tomorrow our country witnessed a volcanic profu- should go without saying that each of we will confirm Betsy DeVos as Sec- sion of rules and regulations that em- us want a level playing field for our retary of Education. Listen to what the powered unelected bureaucrats and businesses, which help to create jobs American people told us on November 8 shut out the voices of the elected rep- and grow the economy. That is why we when they said they didn’t want to resentatives of the people. blocked this rule. maintain the status quo because the The result? Job creators have less Of course, this and other resolutions status quo is not working for them, it freedom to operate and innovate and are the first few steps in a broader is not working for our economy, and, are instead suffocated by more and strategy to kill overbearing regula- certainly, it is not working for our more redtape and compliance costs. tions so that our innovators and our children, each of whom deserves a good That translates into a slower growing entrepreneurs aren’t suffocated by un- education. economy, which means less jobs and necessary paperwork and bureaucracy. Yes, Mrs. DeVos will shake things up which means the American people are That is part of what the American peo- a little bit but, more importantly, she the ones who get hurt, directly as a re- ple sent us here to do. Certainly, the is going to be part of this effort to re- sult of this profusion of redtape and verdict they rendered on November 8 is turn power to parents and teachers and regulation. that they did not want a continuation to our local school districts. That is According to recent reports, the 600- of the status quo under the previous what this vote will be about tomorrow. plus regulations issued by the Obama administration. They wanted change. I yield the floor. White House came with a $700 billion It is integral to restoring our econ- The PRESIDING OFFICER. The Sen- pricetag for our economy. Our economy omy—the kind of change we are bring- ator from Utah. is not even growing at 2 percent. I ing about to restoring our economy REPEALING AND REPLACING OBAMACARE think this overregulation is largely re- and helping it grow for everyone. Mr. HATCH. Mr. President, I rise to sponsible because this profusion of reg- I look forward to working with the briefly discuss a number of ongoing ef- ulations hit businesses both big—they White House and with our colleagues as forts in the early days of the 115th Con- can absorb some matter of the costs— we continue to find new ways to build gress. It is a strange time to be work- but also small businesses, including up the American economy. ing on Capitol Hill, as strange as I have local community banks that are going Mr. President, if I can just close on seen in my four decades in the Senate. out of business on a daily basis because one last topic. I see some colleagues That is true for a number of reasons. they simply can’t afford to compete here wishing to speak. Tomorrow we Let me give you an example. Repub- and to pay for the countless lawyers to will vote on the nomination of Betsy licans currently control the Senate, comply with all of the redtape and the Devos to the Department of Education. the House, and the White House, and mindless regulation from the previous The Federal Government, through the are in widespread agreement about administration. It is not just financial Department of Education, funds about most major policy issues. Sure, there services. It is health care, it is agri- 10 percent of public education, because are details that need to be worked out, culture, and it is all sectors of the most of that comes from our States; both on the process and the substance economy. that is, the funding and the regulation on things like tax reform, trade, and of I am grateful that President Trump of education from kindergarten course health care reform, but by and has made it clear where he stands on through the 12th grade. What this fight large Republicans all have the same ul- all of this, and he has already issued over this well-qualified nominee is all timate goals for these key areas. Yet guidance requiring the government to about is power—as so many of these despite the overwhelming consensus cut regulations should it want to add fights in Washington, DC, are about— that exists on most of these issues, more: Cut two regulations for every and the desire to keep power over pub- there seems to be an obsession with ad- one you want to add. With President lic education in all of our States and vancing a narrative of a deeply divided Trump in the White House, Congress all across the country right here inside Republican majority. According to this can reverse many of the Obama regula- the beltway. popular narrative, House and Senate tions. That gives the American people I believe President Trump chose Republicans have completely different and our anemic economic growth some wisely, not because he chose another views on tax reform, Republicans in relief. education bureaucrat who knows all Congress oppose everything President Through the Congressional Review the acronyms and knows the arcanum Trump wants to do on trade, and Sen- Act, Congress can review and ulti- known to people who have been ate Republicans are deeply at odds on

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.026 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S703 how to press forward on repealing and system. That being the case, no one Missouri and in the State of Pennsyl- replacing ObamaCare. should be trying to parse anyone’s vania, and I was also able to receive a As chairman of the Senate com- words or split hairs in order to manu- quality public higher education. With- mittee that is right in the middle of all facture divisions in the Republican out the opportunity to attend public these issues, I get asked to comment ranks on repealing and replacing universities in Pennsylvania and later on these matters, literally, dozens of ObamaCare. in West Virginia and in the State of times every day. The questions take I have little doubt that we can work Mississippi, I would not have been able many forms. Senator X says Congress through whatever differences do exist, to get a college education because my should do ‘‘blank’’ with ObamaCare. and, more importantly, I think we will. parents wouldn’t have been able to af- What do you think? Can the House’s I am not going to speculate today on ford to send me to a private college or tax reform plan pass in the Senate? the floor about what the final process university, just like they wouldn’t President Trump said ‘‘blank’’ today. or product will look like, but I will say have been able to afford to send me to Is that going to fly in your committee? that at the end of the day, only 3 num- private K–12 schools. These questions may seem straight- bers matter: 218, 51 and 1. Those are the I am grateful for the public schools I forward. However, the underlying ques- numbers of supporters we need at each attended and proud of the support my tion behind all of these lines of inquiry step to pass an ObamaCare repeal and parents and so many other parents is: Will you publically disagree with or replacement. have given to public schools across criticize another Republican so we can At this point, given what we cur- America. My children and grand- write another story about Republican rently know, I strongly believe that children have benefited from the great divisions? Matters such as repealing the process I described earlier—a full public schools in New Hampshire. and replacing ObamaCare or reforming repeal and a responsible transition, As Governor, I was proud to work the Tax Code are certainly important coupled with a sizable downpayment on with the Republican legislature to im- topics that are rightly under intense replacement, followed by a committed prove the public schools in the State of public scrutiny. However, given that effort to implement additional replace- New Hampshire. We expanded public these monumental efforts are still in ment policies in the coming months— kindergarten in our State because at the early stages, the fact that there are provides the best path forward to the time I became Governor, we didn’t have public kindergarten for all stu- some relatively minor differences of achieving those thresholds. Like I said, dents. We were able to open the door opinion shouldn’t be all that note- most Republicans in Congress agree for an additional 25,000 kids to go to worthy. The existence of these dif- with me. ferences in the initial stages of the We can discuss other ideas, and I am public kindergarten. We were able to process doesn’t significantly jeopardize happy to engage in that discussion, but increase funding for schools in New Hampshire during my time as Gov- the success of these efforts. The pur- those numbers—218, 51, and 1—have to ernor. I learned during those experi- pose of the legislative process—par- be the standard by which we judge any ences and also as a teacher—I taught in ticularly the process we use in the Sen- alternatives. And while I would love to public schools in Dover, New Hamp- ate—is to allow differences to be aired see the final product pass with even shire and also in Mississippi—the close and worked through so, at the end of larger numbers, and even with some connection between quality public edu- the process, consensus can be reached. Democrats onboard with us, those Differing views on some issues at the cation and a strong, growing economy. numbers give us a clear picture as to I taught in Mississippi in 1970. At beginning of the process are to be ex- how much consensus is necessary. that time, there was no requirement pected. Once again, they are hardly Once again, I think we can get there, for all young people to attend school. noteworthy. and I am continually working with col- So if you didn’t want to go to school, Case in point, Republicans are united leagues in both the House and Senate you didn’t have to. We saw the nega- in our desire to repeal and replace to make sure we do. tive impact that had on economic indi- ObamaCare. The vast majority of us With that, I yield the floor. cators in the State of Mississippi. want reforms that are more patient- The PRESIDING OFFICER. The Sen- Since then, the State has adopted com- centered and market-driven. As far as I ator from New Hampshire. pulsory education for students in Mis- know, pretty much all of us want to re- Mrs. SHAHEEN. Mr. President, I sissippi. But it was a great lesson to turn most of the authority for regu- come to the floor this afternoon to op- me to see how important good schools lating the health care system back to pose the nomination of Betsy DeVos, are and how they contribute to a the States. On some of the other ques- President Trump’s choice to be Sec- strong economy in this country. tions, let me make clear what my posi- retary of Education. I fundamentally As Governor, when I talked to busi- tion is just so there is no confusion on disagree with my colleague from Texas nesses in the State of New Hampshire, these points. I believe we should repeal who said earlier that this is a fight one of the things they told me that ObamaCare—including the taxes—and about power and who maintains power, they needed in order for their busi- provide for a stable transition period. I whether it is going to stay in Wash- nesses to succeed was a skilled work- believe the work to replace ObamaCare ington or whether it is going to be in force, young people who had a good should also begin immediately, mean- our State and local communities. education, who could learn advanced ing that our repeal bill should include In New Hampshire, we believe in skills on the job. They looked to locate as many ObamaCare replacement poli- local control of education. It is a bed- in communities where there was a cies as procedures allow. A more com- rock principle of our public education strong system of public education. plete replacement can and should be system. This fight, today, is not about I value public schools as one of our crafted in the coming months as we power in Washington versus power in Nation’s bedrock civic and democratic work through some of the more com- the States; this is a fight about wheth- institutions because they provide the plicated issues. That has been my posi- er we are going to continue to support best opportunity for kids from all tion since roughly March of 2010, when our public school system and our sys- walks of life to get a quality education. the final pieces of ObamaCare were tem of public higher education, or are They pass on to each new generation, signed into law. I have repeated it nu- we going to take the money out, the including the children of immigrants, merous times over the years. Moreover, support out, and divert it into private America’s shared ideals and values. I believe most Republicans in Congress and religious schools, and gut the pub- Regrettably, after careful study of share that same view. lic education system in this country? Mrs. DeVos’s record as an activist, I Do some Republicans have different My parents were part of the ‘‘great- have concluded that she doesn’t agree views regarding the proper order and est generation,’’ and they raised me in with this view of our public schools. procedure for this endeavor? I am sure post-World War II America. They un- She has no relevant experience as a they do. But I don’t know of a single derstood that the best way for my sis- teacher or as a leader in public schools. Republican who does not want to get ters and me to have opportunities for She has never attended a public school, rid of ObamaCare. I certainly don’t the future was to make sure we had a and she has not sent any of her chil- know any Republicans who are fine solid education. I benefited by going to dren to a public school. To the con- with the status quo in our health care great public schools in the State of trary, she has spent her entire career

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.028 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S704 CONGRESSIONAL RECORD — SENATE February 6, 2017 and countless millions of dollars of her high-quality school experience, not just education, we need to look at a number personal fortune working not to im- those who live in wealthy communities or of models. I voted for New Hampshire’s prove public schools but to privatize who have parents savvy enough to advocate charter school law, but we should hold them, to weaken them by diverting on their behalf. them accountable just as we hold our public funds to private and religious Many of the letters I have received public schools accountable. We should schools. Given her past record, it are from parents who are outraged by ensure that they do not drain resources makes no sense to put Mrs. DeVos in Mrs. DeVos’s comments on the Individ- from public schools. charge of the Department of Education uals with Disabilities Education Act, There was a report that came out in unless the aim is to devalue, defund, which is one of the landmark civil 2013 that was done by a working group and perhaps eventually destroy our rights laws of the 20th century. In re- under the auspices of the Annenberg public schools. I think that is unac- sponse to a question from my col- Institute for Social Reform. They un- ceptable. league, Senator HASSAN, Mrs. DeVos covered similar challenges across char- In my State of New Hampshire, sup- made it clear that she was unaware ter schools. They found that there was port for our public schools is bipartisan that that law was a Federal law and uneven academic performance; that and it is passionate. In rural commu- that it governs all our public schools in some of them had overly harsh dis- nities and small towns and our cities the United States. cipline practices; that funding some- across the State, public schools are in- IDEA ensures that children with dis- times destabilized traditional schools; stitutions that have strong support abilities have the opportunity to re- that there was a lack of transparency within our communities. They are a ceive a free appropriate public edu- and oversight that led to conflicts of big part of our communities’ identities cation and that they are accommo- interest and, in some cases, fraud; and and shared experiences. Across cen- dated in our schools and classrooms, that many of them practiced policies turies and generations in the Granite just like all other children. In her tes- that kept students out for various rea- State, public schools have been at the timony, Mrs. DeVos said that decisions sons. Mrs. DeVos was one of the architects heart of our common civic life. about how to treat students with dis- I think it is not surprising that my abilities should be left to the States. of Michigan’s first charter school law office has been inundated with letters, Can you imagine? What would happen in 1993. It has been widely criticized for lacking accountability and safeguards emails, and phone calls strongly oppos- in States that decide they don’t want for students. In her confirmation hear- ing the DeVos nomination. My office to make sure that those students can ing, Mrs. DeVos refused to agree that has received more than 4,000 letters go to school? I received this message from for-profit charter schools should be and emails from Granite Staters. That Marilyn, who lives in the western part held to the same standards as public may not seem like a lot to somebody of New Hampshire. She says: schools. Just as disturbing is her sup- from the State of California, but from port for school vouchers, which would the State of New Hampshire, to have Thank you for opposing the confirmation of Betsy DeVos as Education Secretary. She siphon funding from public schools and 4,000 letters and emails on a nomina- is a dangerous, unqualified choice. As the divert it to private and religious tion is unheard of. And almost all of parent of a daughter with Down syndrome, I schools. them oppose this nomination. In addi- fear for the future of IDEA if DeVos is in Advocates of vouchers like to call it tion, we have received 1,405 telephone charge. school choice, but, in practice, parents calls in opposition and only 3 in sup- Ashley Preston, who was the Teacher have learned that choice is not a re- port. I am impressed not only by the of the Year in New Hampshire in 2016, ality. Florida, under Governor Jeb volume of constituent messages but by wrote this to me: Bush, was the first State to enact a the intensity of their opposition. If our Secretary of Education does not un- statewide voucher system, and nearly Megan is a social studies teacher in derstand and value the importance of Fed- 93 percent of private and parochial New Hampshire. She writes: eral laws such as IDEA, how can we expect schools in Florida—after that law—re- Mrs. DeVos clearly lacks even a basic un- states and local school districts to do that? fused to accept any voucher students. derstanding of Federal education policy, These are the elements crucial to ensuring In New Hampshire, we have parts of the best chance for our future. laws and instructional practices. She has no the State where, if we don’t have pub- relevant experience. There is just no way I Mr. President, the Department of lic schools, there are no other choices would ever be certified to instruct students Education has oversight not only of K– in New Hampshire if I lacked as much knowl- for our students. I don’t care whether 12 public schools but also higher edu- you have a voucher or not. You can’t edge and experience in my field. But she gets cation, including a portfolio of more to be the nation’s chief educator? How is this drive 3 or 4 hours to get to the closest good for kids? than $1.2 trillion in Federal student private school. loans. I have had the opportunity not Roger is a retired public school So let’s be clear: Vouchers and other only to teach in our K–12 schools but to teacher from the central part of my privatization schemes advocated by work in public universities in New State, and he writes: Mrs. DeVos are not about pedagogy; Hampshire and in private universities. they are about ideology. They are all Please reject DeVos because she is anti- Listening to Mrs. DeVos’s testimony, I public education in word and in practice, about disdain for what many voucher lacking the understanding of the public edu- was appalled by her lack of under- advocates like to call government cation system and having no understanding standing of higher education policy. schools. Well, what they call govern- of the dreamers sitting in public schools this She acknowledged that neither she nor ment schools are our public schools. morning, creating their own American her children had ever received a Fed- They are schools that our communities dreams, learning of the promise and justice eral loan or Pell grant. And this is the have created and control locally for the that is America. worst part: When asked to commit to education of their kids. Sam from our Seacoast region writes: enforcing rules that ensure students What Mrs. DeVos fails to understand It is important that we maintain a strong are not cheated and end up with no de- is that quality education has nothing public school system. This is not a partisan gree but a mountain of student debt— do with whether a school is public or issue. Any person, regardless of party, can in other words, the predicament of stu- private. We have public schools in New see that Miss DeVos is unqualified to fill the dents who went to Trump University Hampshire that can do better, and we position. You need to vote ‘‘no’’ to save our and so many other for-profit colleges— have public schools that are world education system. she refused to do that. She refused to class. The same can be said about our Mike from one of our university say that this is something that we private schools in New Hampshire. But towns writes: should support as a policy in America. what counts in public and private I am really concerned that we might have I am also deeply concerned by her schools alike are high-quality teachers, someone with so little experience in edu- support for charter schools that are not support from parents and communities, cation and with seemingly anti-public edu- accountable and her reputation as ‘‘the cation views as our next education leader. I facilities where kids can learn and be fear that a DeVos confirmation will only ex- four-star general of the voucher move- safe, rigorous academic standards, and acerbate the already segregated school expe- ment.’’ I believe there is a role for the resources to make sure that chil- riences that children have in our country. I charter schools. I think as we try to dren get the instruction they need, in- want all students to have a fair shake at a improve our public system of higher cluding individualized assistance for

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In ad- education in America, because she is ticular, our rural schools. dition to providing significant Federal driven by an ideological hostility to Let me be clear: I support innovative dollars to local school districts, the our public schools, she is the wrong models for improving our education Federal Government plays a critical person to serve as our Secretary of system but only when those models are role in preventing discrimination and Education. proven to work. For example, I worked creating opportunity. I intend to vote no on the nomina- hard to ensure that all children have Federal education laws play a vital tion of Mrs. DeVos, and I urge my col- access to the skills and education that roll in ensuring that all students have leagues on both sides of the aisle to are vital to joining the modern work- equal access to learning opportunities, join me in rejecting this unqualified force and competing in today’s global laws like the landmark 1975 Individuals nominee. economy. I introduced legislation that with Disabilities Education Act, or I yield the floor. will reduce the price tag for higher IDEA. The PRESIDING OFFICER. The Sen- learning by allowing students to com- Before the enactment of IDEA, too ator from Michigan. plete college-level courses while they many of our children with disabilities Mr. PETERS. Mr. President, I rise are still in public high school. were denied the chance to learn from today to speak in opposition to the The Making Education Affordable our broader communities. Likewise, nomination of Betsy DeVos for Sec- and Accessible Act will help students our broader communities were denied retary of Education. My reason is very save time and money as they kick- the chance to learn from these youth simple: Mrs. DeVos lacks the experi- start their careers through a very per- and the extraordinary perspectives and ence required to oversee the Depart- sonalized curriculum. Whether an contributions they offer to American ment of Education, an agency that early-middle college program or a dual society. Now, thanks to IDEA, 6.5 million of serves over 50 million public school and concurrent enrollment program, our children, or 13 percent of all public children across America. these models help traditional public school students, are not condemned to Despite spending many years giving school students save money and get a life of isolation or mere accommoda- hundreds of millions of dollars to back ahead by earning college credits while tion. Instead, Federal law ensures that political candidates and ballot initia- they finish their high school education. tives that support unproven education These programs are typically run by every child has access to the resources policies, she remains shockingly unfa- a local school district or an inter- he or she needs to become productive and included members of our increas- miliar with Federal law and even some mediate school district and are offered ingly diverse 21st-century society. very basic education concepts. Edu- at little or no cost to the student. They IDEA assists public schools with of- cating our children is an incredibly im- also help students identify their major fering high-quality special education portant job, and we need someone who or interest area sooner so that they can and early intervention services for is experienced, prepared, and well complete their college degree and grad- children with disabilities from birth to qualified to lead the Department of uate as much as 1 year earlier. Across age 21. As a result, IDEA is responsible Education. the State of Michigan, students are for millions of youth with disabilities As I have said before, Mrs. DeVos has participating in more than 90 early and graduating from high school, enrolling no experience in public education at middle college programs, programs in college, and finding jobs as valuable any level, not as a teacher, not as an that are proven to significantly in- participants in the American economy. administrator, not as a student, not as crease high school graduation rates. But IDEA will not enforce itself; it is a parent, not as a school board mem- Jobs for the Future found that, na- the responsibility of the Department of ber, and not even as a borrower of pub- tionally, 90 percent of early college Education and its leadership to mon- lic loans for college. students graduate high school versus 78 itor, evaluate, and provide technical Ask any parent; our children are percent nationally. This is just one ex- assistance to States, making sure that what we hold most dear. It only makes ample of the kind of innovative ap- our schools are offering learning oppor- sense that the individual whom we en- proach with proven results that policy- tunities that meet every student’s trust with our children’s education makers should support to improve edu- needs. should have at least some—some—ex- cation outcomes. It is the responsibility of the Senate perience in public education. Mrs. Education reform must be driven by to determine whether Mrs. DeVos can DeVos has absolutely no experience—I data and validated outcomes and not carry out this task and live up to the repeat, no tangible experience—with by political ideology. Our primary creed of ‘‘forever encouraging’’ edu- neighborhood public schools. In fact, focus must always be on increasing op- cation. Unfortunately, Mrs. DeVos has her only experience in education is her portunities for the millions of students demonstrated little comprehension of work lobbying for the transfer of tax- in our neighborhood public schools. the Federal role in protecting students payer money to private schools. Given Mrs. DeVos’s history of sup- with disabilities’ equal right to an edu- She has also pushed for the rapid ex- porting policies that undermine tradi- cation. This became evident when she pansion of charter schools without suf- tional public schools and the commu- was asked directly about IDEA during ficient accountability to parents and to nities they serve, I do not think she her confirmation hearing, and Mrs. students, which brings me to her track would act in the best interests of DeVos tried to excuse her erroneous record in my home State of Michigan. American students. answer by saying, ‘‘I may have con- Mrs. DeVos has pushed for school Michigan has been devoted to great fused it.’’ Every student knows the im- vouchers to send our public tax dollars public education for generations, a portance of doing their homework, to private schools. Her staunch advo- commitment that stretches back to studying for their exams, and prac- cacy for the use of taxpayer funding for even before the founding of our State. ticing for any class presentations in private and charter school systems Some of our State’s earliest pioneers, advance. Every educator knows that earned her the nickname as the ‘‘four- including my ancestors, settled under the answer ‘‘I may have confused it’’ is star general of the pro-voucher move- the guidance of the Northwest Ordi- not a response that leads to a passing ment.’’ nance, which stated that ‘‘schools and grade. The vast majority of children in the means of education shall forever be With the stakes as high as they are, Michigan and in the United States at- encouraged.’’ Our Nation has strived to it is clear that Mrs. DeVos did not do tend neighborhood public schools. live up to this creed ever since, hon- her homework. She did not study for Voucher programs rob these children of oring the fundamental truth that all of her potential role. She did not practice the resources they need to receive our children have the right to an edu- for her interview with the Senate com- high-quality education near where they cation no matter who they are, where mittee and, most importantly, the

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They wrote: mind is revealed; when traveling, a per- wrong. ‘‘This is especially concerning given son’s character is revealed; and when I take my responsibility under the that the Individuals with Disabilities you pray, the person’s heart is re- U.S. Constitution to provide advise and Education Act and title IX, which en- vealed. I have come to know Senator consent to the President very seri- sure that all students’ educational ex- SESSIONS as a God-fearing family man ously, and I know my colleagues here periences are free of discrimination who puts others before himself and has in the Senate do so as well. Given Mrs. that impede learning, are not of value a deep respect for the rule of law. DeVos’s weak performance in her inter- to Mrs. DeVos.’’ I cannot agree more Family man—every time he has a view before the American people and with her fellow alumni. grandchild, his wife and my wife talk her inability to demonstrate a basic My office has received over 8,000 calls about our competing grandchildren. understanding of key education con- in opposition to the nomination of He helps those in need and makes cepts, I do not think we can give her a Betsy DeVos, and I am sure my col- sure that the legal system is protecting passing grade. leagues have also heard from thousands our citizens and holding criminals ac- As Senators, we do not operate under of their own constituents all across countable. a model of social promotion under this country. The American people are A person only needs to look at the which we pass an unqualified indi- making their voices heard, and they legislation and causes he has cham- vidual to a higher office simply be- are telling the Senate that Mrs. DeVos pioned to know him. He played a key cause they showed up. Perhaps this is is not the right choice to lead the De- role in fighting for fairness and funding why Mrs. DeVos’s nomination is ex- partment of Education. I urge my col- for the rural HIV/AIDS patients when pected to see the most bipartisan oppo- leagues to listen to their constituents negotiating a reauthorization of the bi- sition to her confirmation of all of the who are forcefully—forcefully—reject- partisan Ryan White CARE Act. His President’s nominations to date. ing Mrs. DeVos’s misguided vision for advocacy brought funding to low-in- Mrs. DeVos’s response regarding neighborhood public schools in Amer- come, mostly African-American women IDEA during her confirmation hearing ica. who did not have easily accessible I will be standing with the people of was not the only response that I found health care before. Senator SESSIONS alarming. As the father of two college- Michigan, and I once again call on my has been an author and supporter of age daughters, I am extremely con- colleagues to join the bipartisan oppo- many pieces of bipartisan legislation, cerned about ensuring that our college sition to Mrs. DeVos’s nomination. Our including protecting victims of child campuses provide safe environments children’s future depends on it, and for abuse, reducing prison sentences for where students can learn and grow. their sake, please vote no. those who are unfairly targeted, and Mr. President, I yield the floor. I was shocked by a recent com- The PRESIDING OFFICER (Mr. helping the families of our fallen mili- prehensive report done by one school tary personnel. LANKFORD). The Senator from Okla- that found that over 20 percent of fe- homa. As a member of the Senate Armed male undergraduates experienced un- Mr. INHOFE. Mr. President, I believe Services Committee, Senator SESSIONS wanted sexual contact. Sadly, this Betsy DeVos is going to be an excellent has become a fierce advocate for keep- problem is not confined to one school. Secretary of Education. ing our country safe from terrorism, It is a public safety and health crisis NOMINATION OF JEFF SESSIONS and he understands the risks we face. that we must immediately take action Mr. President, I have been fortunate In fact, Senator SESSIONS is tough on to address. enough to get to know JEFF SESSIONS crime and is well suited to oversee Fed- The Department of Education has over the past 20 years. Not only is he a eral law enforcement activities and to taken important first steps to combat colleague whom I admire and respect, assist local governments in their ef- the prevalence of campus sexual as- he is also one of my very best friends. forts. sault by opening investigations in over I actually suffered through with him Violent crime has recently been in- 200 schools and publishing guidance to back when he had a nomination that creasing. Furthermore—and I just ensure that universities are affording was rejected by this body many years found this out—the shooting deaths of students title IX protections, the free- ago. police officers has increased by 68 per- dom from discrimination on the basis As you know, Senator SESSIONS has cent just in the last year, between 2015 of sex and freedom from sexual vio- been nominated by the President to be and 2016. That is pretty remarkable. lence. the next Attorney General of the These trends are unacceptable, and Mrs. DeVos apparently has a dif- United States. It is an incredible Senator SESSIONS has pledged to re- ferent reaction to the threats many honor. There is no doubt in my mind verse the course by strengthening the young students face while pursuing that my friend will be perfect for the partnership between Federal and local their higher education. As we saw dur- job. He is more than qualified for this law enforcement and by going after ing her confirmation hearing, she said position, and I know he will keep his drug traffickers, aliens who violate the it is ‘‘premature’’ for her to say if she word when he says he plans to uphold laws, and criminals who use guns to will choose to uphold the Department the laws we pass in Congress. commit crimes. of Education’s guidance on preventing Senator SESSIONS was elected to the There is no question that Senator sexual violence. This is completely un- Senate in 1997. That was 2 years after I SESSIONS is qualified to do what he acceptable to me as a Senator rep- was elected, and we have been very says he will and what the job asks of resenting over 500,000 undergraduate close friends ever since. For 20 years him. He served as a U.S. attorney for students attending one of Michigan’s now, we have known each other and Alabama’s Southern District, and he outstanding colleges and universities, worked alongside each other on both was also Alabama’s attorney general, and this is completely unacceptable to the Senate Armed Services Committee so he clearly knows the job. He doesn’t me as a father. and the Environment and Public Works have to be trained. It is because of his It is also unacceptable in the eyes of Committee. Those are the two major previous experiences that he will be over 1,000 graduates of the same school committees we have been on. He is able to transition from a partisan leg- in Michigan that Mrs. DeVos attended seated just to my right in each one of islator to our Nation’s top law enforce- herself: Calvin College. Calvin College the committees, and, as the Chair ment officer with great ease. alumni from the class of 1947 to the knows, you get to know a person pretty Countless groups of people have come class of 2020 sent my office an extensive well when you have been sitting there out to support the nominee: the Fra- petition expressing their deep concern for these 3- or 4-hour-long meetings. So ternal Order of Police, the National with Mrs. DeVos’s nomination. In their we have had that relationship with Sheriffs’ Association, former U.S. at- letter, these alumni presented several each other. torneys, a former FBI Director, current

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Scalia a year ago, it was clear that the In siding with Hobby Lobby against So I would like to take a minute to Presidential election would be about ObamaCare’s contraceptive mandate, point out that it is cruel and unfair the direction of the Supreme Court for Judge Gorsuch stressed the point that that people have tried to paint a pic- the next generation or maybe even gen- it is not for a court to decide whether ture of Senator SESSIONS as someone erations. With the results of the elec- the owners’ religious convictions are and something he is not. I think this is tion—the Republican President and Re- correct or consistent, but instead the something that needs to be said. publican Congress—the American peo- court’s role is ‘‘only to protect the ex- The man the opposition has painted ple have entrusted us to confirm a Su- ercise of faith,’’ and the Supreme Court does not exist. You all know JEFF SES- preme Court Justice who will adhere to agreed. SIONS. You know that the awful things the rule of law and will not try to read Again, Judge Gorsuch defended the being said about him are completely between the lines when interpreting religious beliefs of the Little Sisters of false. In fact, back in 1981, the Ku Klux legislation or the Constitution. With the Poor in his dissent of the Tenth Klan ordered the tragic, extremely the selection of Judge Gorsuch, I be- Circuit’s refusal to rehear their case undeserved murder of a young African- lieve President Trump has picked such against the Obama administration re- American man by the name of Michael a Justice. The President might not garding the same mandate that Hobby Donald. Because of Senator SESSIONS’s know or remember, but George W. Lobby was contesting. help and support, these Klan members Bush nominated Judge Gorsuch to his Time and again, Judge Gorsuch has were convicted and given either life current position, and the Senate con- defended religious expressions in public sentences or the death penalty. That is firmed him unanimously by voice vote. space. In addition to defending the JEFF SESSIONS. Furthermore, he later We went back and looked at the record, First Amendment protections regard- played a major role in the destruction and no one voted against him. ing the free exercise of religion, he is of the Ku Klux Klan in Alabama when There is no question that Judge also skeptical of the idea that agencies he helped bring a civil suit against Gorsuch is qualified for the Supreme should be given a wide latitude when them. As a result, the KKK went bank- Court. He is a graduate of Columbia interpreting statutory language. In a rupt, and he caused them to fall apart University, Harvard Law School, and recent opinion, Judge Gorsuch sug- in that region. Again, those were JEFF Oxford. He clerked for Judge Sentelle gested that the precedent of the judici- SESSIONS’ efforts. of the U.S. court of appeals for the DC ary to give deference to agencies on Before we vote on the confirmation Circuit. He clerked for Supreme Court statutory interpretations limits the of our friend and colleague, I ask that Justices Byron White and Anthony courts when reviewing the legality of you all take a moment to seriously re- Kennedy, so he knows the job. There is agency actions. Gorsuch believes it is flect how Senator SESSIONS has worked no need for on-the-job training for him. for Congress to write the laws, the ex- diligently with you over the past two He has been in private practice. He ecutive to carry them out, and the ju- decades and how perfectly qualified he has been a principal deputy to the As- diciary to interpret them, just as our is for this position. sociate Attorney General and Acting Founding Fathers intended. As for me, I thank him for his tire- Attorney General at the U.S. Depart- I look forward to working with my less efforts in Congress, for his friend- ment of Justice. colleagues to move Judge Gorsuch’s ship, and for his fellowship. He will go Much like the Justice he has been nomination forward. He is going to be down as one of the truly great U.S. At- nominated to replace, Judge Gorsuch confirmed, and he will make a great torneys General in this country’s his- has become known for his writing Justice of the U.S. Supreme Court. tory. style. One of his former law clerks said With that, Mr. President, I yield the Mr. President, there are a lot of that his ‘‘favorite aspect of the judge’s floor. other nominees whom I have gotten to writing is his ability to humanize dis- The PRESIDING OFFICER. The Sen- know. I had an experience of actually putes.’’ ator from Michigan. going to Trump Tower and getting to It appears that Gorsuch has more in Ms. STABENOW. Mr. President, be- know some of the people who advise common with the late Justice Scalia fore my colleague from Oklahoma him. As I looked around the table, I than just writing abilities. He has said leaves the floor, while we disagree on saw people who were the right kind of that ‘‘assiduous focus on text, struc- this current debate in terms of voting, people in health care, the right kind of ture, and history is essential to the I just have to say when I see him that people in energy, and the right kind of proper exercise of the judicial func- I constantly thank him for his efforts people in the military to give him ad- tion.’’ That judicial philosophy has last year to work with us for the com- vice in areas he might not have been been borne out in his record on the munity of Flint. We are finding some exposed to in the past. Tenth Circuit. hope in terms of replacing and address- And I just noticed that it has been My home State of Oklahoma is with- ing the lead contamination, and with- very slow. I was not aware of this until in the Tenth Circuit jurisdiction, so we out the distinguished Senator from a few minutes ago, that apparently the know him very well. Oklahoma is the Oklahoma, that literally would not Cabinet confirmations are the slowest home of Hobby Lobby. Everyone is fa- have happened. We have things we dis- since George Washington. This is some- miliar with what Hobby Lobby is. A lot agree on and agree on, and this one— thing that is really wrong. You can of people don’t realize this, but it coming together with the families of criticize someone, but after a while, started out when I was in the State Flint, particularly with the children you just go ahead and you know the legislature. The Greens, who have and the water impacts—he will always votes are there, and you make sure Hobby Lobby, started out in their ga- have a warm place in the hearts of all that you go ahead and do it. rage. At that time, they were putting of us who care deeply about that issue. NOMINATION OF NEIL GORSUCH together things that they could I thank my colleague very much. Mr. President, I would say this to the frame—miniature picture frames and Mr. President, I want to speak today Presiding Officer, since he and I are that type of thing. With a loan of $600, about the nomination of Betsy DeVos. both from Oklahoma, which is in the David and Barbara Green began mak- Betsy DeVos’s nomination is very per- Tenth Circuit: Last week President ing miniature picture frames. sonal to many people who live in Trump announced that he was nomi- Today, Hobby Lobby is the largest Michigan because Betsy DeVos is from nating Judge Neil Gorsuch of the privately owned arts and crafts store in Michigan, and her vision of education Tenth Circuit Court of Appeals to be a the world, with over 700 stores in all and her actions have unfortunately U.S. Supreme Court Justice. As some- but three States. They are people of played a major role in undermining our one who had been following the news faith, and when they were facing fines public schools. and rumors of who the pick would be— under ObamaCare for not providing Families all across our State can tell I had been looking into potential nomi- certain insurance coverage that vio- the story of her work with Michigan

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When you abilities, as well as an essential part of and small, parents and teachers, prin- look at the bottom one-fourth, 38 per- our educational system. cipals, and community leaders from cent of the charters are in that cat- Betsy DeVos, after her hearing, when across the State—overwhelmingly, egory, and there is unfortunately very she was asked about special education, they have told me that Betsy DeVos little accountability for their perform- followed up with a letter days later and should not be our next Secretary of ance. wrote about expanding the conversa- Education. Sadly, precious taxpayer dollars have tion about school choice opportunities Everywhere I go, I can’t believe how been taken away from public schools— for parents of children with disabil- people will stop me about this and how neighborhood schools—to fund these ities, but she didn’t say anything about strongly people feel in Michigan about charters. When it comes to funding for helping those in traditional public this. They are saying this because, public schools, she will not commit to schools or helping students in the among other things, she has pushed for protecting the critical Federal dollars schools they are in now. policies that have made charter schools that serve our children. For me, this is not about politics or in Michigan less accountable and has One mom, Hillary Young from De- partisan messaging or even charters or taken dollars away from public schools troit, came to Washington to watch the private schools versus traditional pub- where the vast majority of children get confirmation hearing on Betsy DeVos lic schools; it really is about what is their education. These are policies that in the HELP Committee. She wrote to best for our children and for our coun- have hurt our children and put their me. She said that she was not im- try. Families in Michigan and all futures at risk. pressed and told a group of parents across the country know this. Tens of I have received so many emails and afterwards: As a parent I can’t stand si- thousands of people have called me phone calls from people involved every lently and watch other children be sub- over the last few weeks and sent emails which way; at the grocery store, out at ject to similar circumstances to my and letters. Who we choose to be the Secretary of Education doesn’t just af- public events, people come up to me. I child in Detroit. My sixth grader was fect the over 50 million children who just want to share a couple of e-mails. without a math teacher for over half attend public elementary and sec- Chris is a teacher from Harper Woods the year last year because of funding ondary schools, it affects the future of and worked as a teacher in the Detroit reductions. The effect of DeVos’s poli- our country, and it is a fundamental public schools for over 20 years. He cies is not parents voting with their difference in views. A competitive free wrote: Betsy DeVos believes in school feet to go to better schools; it is chil- market system, with winners and los- privatization and vouchers. She has dren bearing the burden for fixing the ers, works in the private marketplace. worked to undermine efforts to regu- education system they are supposed to I support that. Business is open. They late Michigan charters, even when they be served by. compete, and if they don’t do well, clearly fail. The marketplace solutions She goes on to say: DeVos’s free mar- they close, or they do very well and of DeVos will destroy our democrat- ket school choice system has left our they go on and they grow. That is a ically governed community schools. city’s education landscape in chaos, strength in our country. But it doesn’t Her hostility toward public education leaving less choice, less quality, and work for educating our children be- disqualifies her. even more government bureaucracy. cause we can’t afford losers. We can’t Those were Chris’s comments. We have seen parents get involved afford losers when it comes to some- In Michigan last year, State legisla- and speak out all across Michigan and, thing as basic as fundamental edu- tors put together a bipartisan plan, and frankly, all across the country. I have cation and creating opportunity for our our State legislature—House and Sen- received more mail, more emails, more children in the future. We need to pro- ate—majority is Republican. They put phone calls on this nominee than any vide every opportunity for every child together a bipartisan plan to increase other, and I have received a lot on a lot to work hard and succeed. both funding and accountability for of nominees, but there is a broad out- I support having choices. I support Detroit public schools. cry. magnet schools and public charters—I There are a lot of wonderful things People like Kathleen, who is a farmer did that as a State Senator—as well as happening in Detroit. Businesses are and a grandmother from Farmington other choices that are great opportuni- coming back to Detroit, and economic Hills, wrote to me: We have 15 grand- ties for children, if there are equal development is also, but we have major children who are in the public school standards and public accountability for work to do for our children and their system, and we are terrified that there taxpayers’ dollars so that parents can schools. So there was a huge bipartisan will be no more public schools and that have confidence in that accountability, effort that came together to increase the quality will be far inferior to char- and if it is part of the public school funding and accountability for the pub- ter and other private schools. I am system, the public process, and only if lic schools, including charter schools. writing you to respectfully ask that they are in addition to quality neigh- It was a commonsense proposal. Betsy you do not vote to confirm Betsy borhood schools in every neighborhood DeVos led the effort to stop it, particu- DeVos as Secretary of Education. and in every ZIP Code. It is not just a larly the part that brought critically I am deeply concerned about what we slogan to say it shouldn’t matter where needed public accountability for for- heard in committee about her views on you live, what kind of opportunity you profit and nonprofit charter schools. special education. In the HELP Com- get or that your child has, and that is Unfortunately, right now in Michi- mittee hearing last week, she sug- becoming more and more true. It cer- gan we have a system where anyone gested that States should decide on tainly is in Michigan, where this phi- can apply to open a charter school. whether or not to enforce IDEA, the In- losophy has been a test case, and we There are no statewide standards for dividuals with Disabilities Act that has are seeing it across the country. We revoking the charter, and taxpayer been such a landmark, opening doors of can’t afford losers. A winners-and-los- money is sent to them with virtually schools in every neighborhood across ers system is not good enough for our no public disclosure requirement. For our country, for children with disabil- kids. example, we have for-profit charter ities. This law was enacted in 1975, and Betsy DeVos has a record of working management companies that say they makes sure that children with disabil- against the vision of accountability are private businesses; therefore, even ities have the same educational oppor- and standards and choice within a sys- though they are getting public money, tunities as other children. tem where every child has a quality they say they are private businesses, My nephew Barry, who has now gone neighborhood school in their neighbor- and they should not have to comply through the special education system hood in every ZIP Code. She has with a series of disclosure require- in Michigan, is a wonderful young man worked against that vision. She doesn’t ments regarding teachers and other in- with Down syndrome. And I have seen believe in it. We have fundamental dif- formation that, frankly, parents would personally how important that was for ferences in what will help our children

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.035 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S709 for the future. That is why I will be working in a philanthropic sense on Sometimes, as the President’s nomi- voting no on her confirmation. how we could expand educational op- nees have come forward, I voted for Thank you. portunities, I believe I bring some ex- many of them, much to the consterna- The PRESIDING OFFICER. The Sen- perience to this debate. That is why I tion of some folks. But it is my job to ator from Virginia. stand here today unable to support the weigh, regardless of that public opin- Mr. WARNER. Mr. President, first of nomination of Betsy DeVos to serve as ion, what I think is best for students in all, I wish to thank my friend the Sen- Secretary of Education. Virginia and, for that matter, students ator from Michigan for her comments To put it simply, Mrs. DeVos’s sin- across the country. and her views on this nominee. gle-minded focus on charter schools, on With this outpouring from teachers, I rise today to add my voice to those vouchers, and on converting Federal parents, students, administrators, civil expressing concern about the nomina- education dollars into a different pro- rights groups, charter school pro- tion of Betsy DeVos to serve as U.S. gram is simply out of step with the ponents and opponents, and from both Secretary of Education. The chorus of education climate in the Common- sides of the political aisle, I believe it concerns not only comes from those wealth of Virginia. Let me make clear does weigh. That is what I have done. I colleagues who have already come to that I have supported public charter have listened to my constituents, but the floor last week or earlier today or schools. I believe they are a tool that more importantly, I have listened to throughout the evening and into to- ought to be in the toolkit. I have taken Mrs. DeVos’s own words before the morrow morning, but it also comes on those forces who stand for simply no Senate HELP Committee, and let me from literally tens of thousands of my reform in education. But I am uncon- say that I still have a lot of unresolved constituents who have contacted me vinced that Mrs. DeVos’s complete set- questions after reviewing Mrs. DeVos’s about Mrs. DeVos. I have been flooded ting of different priorities at the Fed- testimony. with phone calls, emails, and social eral level is in the best interest of our For starters, Mrs. DeVos did not media messages from Virginians all students, our teachers, or our public demonstrate that she understood the across the Commonwealth, in many schools. That is exactly what I have Individuals With Disabilities Edu- ways, in numbers that I haven’t seen been hearing from constituents all over cation Act, IDEA. She didn’t under- since the debate about the ACA. These the State, and I would like to very stand that it is actually a Federal law Virginians worry about Mrs. DeVos’s briefly share some of those concerns I passed by Congress and signed by confirmation. They worry about what have heard. President George H.W. Bush, contrary it would mean for our children, our Laura from my hometown of Alexan- to the impression Mrs. DeVos seemed students, and for progress toward im- dria writes this: to have at her confirmation hearing, proving and providing every child with While many of our . . . President’s cabinet saying that somehow complying with a quality public education regardless of picks worry me, none worry me more than IDEA was simply a voluntary measure. their ZIP Code. Betsy DeVos for Secretary of Education. That is not right, it is not the law, and, Like many of my colleagues, I bring She says: boy oh boy, did that frighten a whole to the debate some direct experience as I come from rural Appalachia, where [I] lot of parents whose kids have special both a State and local elected official. worked my way through public school in one needs and without IDEA, would not I had the great honor of serving as of the poorest counties in the country, but have those needs met. They are con- Governor of Virginia. I was responsible that didn’t stop me from ending up here in Northern Virginia working for the intel- cerned that Mrs. DeVos’s seeming lack in that job for how we were preparing ligence community. of familiarity with IDEA is indicative our students for success in college and In areas like my hometown, where public of how, if confirmed, her Department of in the workforce. I took that responsi- schools are the only option, they become the Education would fail to protect the bility very personally. lifeblood of a community. . . . On limited re- rights of these children—and every As somebody who attended good pub- sources, our high school had to get creative child—toward a free and appropriate lic schools all of my life, as somebody about how to provide for the students, often public education that allows even kids who was lucky enough to be the first in partnering with the local university. But with special needs to flourish. shutting the school down in favor of char- my family to graduate from college, I ters, or adding a for-profit alternative, defi- Another area under the Department realized that I wouldn’t have been able nitely wasn’t an option in my low-income of Education’s jurisdiction where I to have been Governor or, for that mat- area. have concerns about Mrs. DeVos’s com- ter, obviously, Senator without that Another letter from a school admin- mitment and level of understanding is foundation I received from my edu- istrator from the Shenandoah Valley campus sexual assault compliance and cation. Those public schools—and I had says this: enforcement. Since 2014, I have been the opportunity to go to public schools At her confirmation hearing it was quite proud to support bipartisan legislation in three different States growing up, clear she had no knowledge of instruction, led by my colleagues, Senator GILLI- and many of those public school teach- curriculum, federal programs and—most dis- BRAND and Senator MCCASKILL, the ers were the folks who framed my turbing—had no understanding of the federal Campus Accountability and Safety views about government, about our laws that are in place to protect children Act. At the end of last Congress, this system, about how we actually get with disabilities. legislation had the support of more through in life. It is a serious business to educate children, than one-third of the U.S. Senate, as and the consequences are huge if we do it I believe in many ways public schools wrong. well as a broad coalition of advocacy and the whole notion of public edu- groups, law enforcement organizations, Another comment—and again, these cation really form the cornerstone of and many of our leading colleges and are just samples of thousands—is from what is the social contract in Amer- universities. The Department of Edu- Olivia, a teacher in Williamsburg, who ica—that getting that basic public edu- cation’s own Office of Civil Rights has shared this: cation is the right of all individuals. also played a very important role in When I think back on everything I was I see so much potential in my students every day, and I feel very energetic as a initiating and in conducting title IX able to accomplish as Virginia’s Gov- young teacher about the opportunities that I investigations. So you can understand ernor, the validation I valued the most know our public schools are providing al- why so many folks, including myself, was that when I left the Governor’s of- ready—and are capable of providing in the were concerned when Mrs. DeVos did fice in 2006, Virginia was consistently future. not demonstrate any depth of knowl- recognized by independent validators She said: edge about the difference of opinion as the Nation’s best State for a life- I am concerned for my LGBT students, surrounding particular policy issues re- time of educational opportunity from low-income students, and for the future of lated to campus sexual assault. pre-K to college and beyond. myself and my colleagues as public school Similarly, when asked about a basic So as someone who is committed to educators trying to do good for our students. principle of education policy related to reforming and looking at how we can I have received thousands of similar measuring student achievement, Mrs. make sure our public education can heartfelt messages from every corner DeVos was not able to articulate an work for all, as someone who spent a of Virginia. I welcome this level of pub- understanding of the difference be- career before in business and tried lic attention and citizen engagement. tween growth and proficiency.

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.036 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S710 CONGRESSIONAL RECORD — SENATE February 6, 2017 In the same vein—and while this has aging to rural New Mexico, where there lack of commitment to the Office of become the subject of late night com- are few options to begin with. It is not Civil Rights within the Department of edy, I think it is a very serious mat- uncommon for students to travel more Education, combined with the fact that ter—Mrs. DeVos was not able to clearly than an hour to get to and from school she and her family have donated enor- express her understanding or her com- in those parts of the State. School ad- mous sums of money to organizations mitment to enforcing the Gun-Free ministrators often wear multiple hats, that are anti-LGBTQ, anti-women’s School Zones Act, which, again, is Fed- sometimes running the after-school rights, and anti-Muslim, is simply eral legislation, also signed by Presi- program or driving the local schoolbus. troubling. dent Bush, where compliance is not op- In rural areas in my home State, the The mission of the Office of Civil tional. public school is often the only choice, Rights is to ensure equal access to edu- These are fundamental tenets of Fed- and there simply aren’t enough stu- cation and to promote educational ex- eral education policy, not some obscure dents to support the kinds of for-profit cellence throughout the Nation with metrics, not small bills that languish private schools that Mrs. DeVos wants vigorous enforcement of civil rights. in committee or small compromises. to replace them with. During her nomination hearing, Mrs. These are the principles and corner- Having a Secretary of Education who DeVos would not commit to continuing stones of Federal education civil rights has spent her entire career pushing a the Office’s policies that are making policy, and they cannot be more cen- privatization agenda is not reassuring our college campuses safer by focusing tral to the Secretary of Education’s to New Mexicans and is at odds with on prevention and response to sexual core responsibilities of safeguarding the needs of the students and families assault. In fact, she has donated money students’ civil rights and safety. across my State. to organizations that actually make it For all of those reasons and others, I Further, I do not believe that Mrs. harder to prosecute sexual assault on am not able to support Mrs. DeVos’s DeVos understands the Federal Gov- our college campuses. As amazing as nomination to be Secretary of Edu- ernment’s trust responsibility in serv- that sounds, it is true. cation. ing Native American students. Given If my Republican colleagues I know the Presiding Officer has had Mrs. DeVos’s rushed nomination hear- rubberstamp this nominee, they will to hear a number of these comments. I ing in the HELP Committee, Senators confirm a Secretary of Education who hope that if she is not confirmed, the were given very little opportunity to doesn’t believe in public schools, who President will send down an Education question her about her understanding will unravel rural education, and who Secretary nominee who brings more of tribal issues and impact aid. So I am has even worked to make it harder to mainstream views to this very impor- concerned that she will push her pri- protect women against sexual assault tant issue. There are those of us, like vatization agenda in these areas as on college campuses. I believe that we me, who are all for education reform, well. have a moral imperative to ensure that but it has to be led by someone who For example, the Zuni Public School all students have equal protections will always put the needs of our kids District is a small rural district in while attending school. Mrs. DeVos first, and making sure they get a fair Western New Mexico. Earlier this will be a massive step in the wrong di- and appropriate education is guaran- week, their school board sent me a let- rection. teed. ter asking that I oppose Mrs. DeVos’s As the members of the Zuni Pueblo With that, I yield the floor. nomination. I want to take a moment wrote to me in their letter, ‘‘our chil- The PRESIDING OFFICER. The Sen- and read a few passage from this letter: dren are our most sacred gifts.’’ This is ator from New Mexico. The beauty of the United States public what we are voting on with this con- school system, unlike many in the rest of Mr. HEINRICH. Mr. President, I am firmation. deeply disappointed by the qualifica- the world, is that we take everyone who walks through our doors and love every child We need an Education Secretary who tions of President Trump’s nominee to who sits in our desks, without question. is committed to upholding these prin- be the leader of our Department of This Board therefore stands by all of our ciples. We need an Education Secretary Education. Betsy DeVos has clearly students, no matter what color or ethnicity, who is committed to ensuring that shown a disregard—even a hostility— regardless of their creed; every child who every student has access to quality for the public school system. So I stand identifies on the spectrum of L,G,B,T, or Q; education, regardless of their back- with the thousands of parents, teach- every child with either a physical or learning disability, or both . . . every child who ground or their ZIP code, regardless of ers, and students of New Mexico in their ethnicity or their religion, and fighting to stop her confirmation. speaks a second language; every immigrant child as well as every Native American child regardless of their gender or sexual ori- Simply put, education is too impor- who can trace their lineage in this land back entation. tant to New Mexico children and our thousands of years; every child who sees In the last few weeks, my office has State’s economy to have a Secretary of their education as the bridge between their fielded thousands of calls and letters Education not fully invested in the most ardent dreams and their most hopeful asking me to oppose this nomination. I success of our public schools. futures. have heard from more than 8,000 con- As someone who grew up going to These are powerful words that I fully stituents on this one topic alone, many public school, who is sending my own support, and I thank the Zuni Public of whom called as parents, teachers, kids to public schools, I am deeply School District for speaking out on and some as students. That is more troubled by Betsy DeVos’s record on this matter. We should all be this con- than any other Trump nominee whom privatization, which goes well beyond cerned. we have considered to date. Never has simply voicing support for vouchers Mr. President, I ask unanimous con- an Education Secretary nomination re- and private school. Mrs. DeVos has sent that the entire letter from the ceived so much attention and opposi- been a key player in the well-moneyed Zuni Public School District be printed tion. effort to privatize and siphon funds in the RECORD at the conclusion of my I stand with the thousands of par- away from public education, and she remarks. ents, teachers, and students across the has time and again undermined the During her nomination hearing, Mrs. country, and in my home State of New teachers we all rely upon. DeVos demonstrated over and over Mexico, fighting to stop this nomina- It appears as though Betsy DeVos’s that she is unfamiliar with even basic tion. I urge my colleagues to join me in most notable experience in education education issues, and she failed to com- voting no. is spending her career and her fortune mit to uphold the responsibilities of There being no objection, the mate- advocating for policies that divert pub- the Secretary of Education to support rial was ordered to be printed in the lic tax dollars away from public public schools. Given that Mrs. DeVos RECORD, as follows: schools and into private schools. I can- has no relevant experience as a teacher ZUNI PUBLIC SCHOOL DISTRICT #89, not support a nominee who wants to or school administrator, we should be 12 TWIN BUTTES DR., ZUNI, NM, weaken the kinds of public schools that very concerned with entrusting her to January 30, 2017. so many New Mexicans rely on. enforce key protections under title IX, TO OUR HONORABLE SENATORS AND REP- The privatization policies pushed by under IDEA, and under other civil RESENTATIVES: We, the Board of Education of Mrs. DeVos would be especially dam- rights laws. In particular, Mrs. DeVos’s Zuni Public School District, ask you to add

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.037 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S711 your support as we stand in opposition to the And we, the Board of Education in Zuni and also that strong public schools are appointment of Betsy DeVos as United Public School District, stand by the teach- vital to our State’s future. States Secretary of Education on the fol- ers, aides, administrators, counselors, liai- Education is local. Each one of our 55 lowing grounds: sons, nurses, secretaries, custodians, cooks, counties is responsible for the financ- During her confirmation hearing, Mrs. and bus drivers who as their daily work par- ing of the schools. If the counties do DeVos demonstrated that she was woefully ticipate in the painstaking and deeply patri- ill-equipped to head the Department of Edu- otic act of ensuring equitable access to edu- not have the sufficient funds, we have cation. She has never attended a public cation for all of our students. It is through what we call a school aid formula that school, never taught or administered in a the diligence and action of just such citizens basically offsets that so that every public school, and her children have never that this nation is able to deliver unto each child in West Virginia will get a qual- attended a public school. She does not hold new generation of American a passport to ity education. any degree in the field of education, either in the possibility of American success. In my State, charter schools and theory, administration, or practice. She has The children, families and hard-working school vouchers would pull already a documented history of promoting a charter faculties and staff of the American public and voucher based system that she supported limited public funds and resources school system deserve a Secretary of the De- from the schools, students, and teach- in her home state of Michigan, diverting partment of Education who is most emi- funding and support away from public edu- nently qualified, through both education and ers who need them the most and could cation and deserving children. Furthermore, experience, to advocate for all Americans: be harmed and would probably be when questioned in her hearing, Mrs. DeVos diverse, complex, and brilliant citizens; to harmed. was unable to explain the difference between work toward the most equitable education There are some towns in West Vir- growth and proficiency, nor was she familiar for all; and to uphold this cornerstone of our ginia with only one school—one school with the federal law behind IDEA, two essen- democratic republic. only—or where students have to travel tial and basic aspects of education. As well, It is for these reasons that the Zuni Public Mrs. DeVos advocated in her hearing to for more than an hour on a bus to get School District Board of Education respect- to the school that has been consoli- allow the presence of guns in schools during fully requests your most passionate and an era of rampant mass violence based pri- dated. Voucher policies would be com- vocal support in opposing the appointment of marily on the use of guns in schools. Mrs. Mrs. Betsy DeVos. We also ask that you look pletely useless in these places. There is DeVos has also publicly stated that she sees toward the experienced and qualified edu- no place for them to attend. education as a way to further proselytize for cation professionals working within the pub- In areas where there are a few pri- the Christian faith, which would constitute a lic school system to fill this highest position vate schools in my State, a voucher violation of the Constitutional separation of in the field. program would have devastating ef- Church and State in public schools as it E:lah’kwa (Thank you) for your would in all federal institutions. fects for public school children. The Our pueblo of Zuni is a small community representation, limited dollars that we do have, if you in a western pocket of rural New Mexico. We ZUNI BOARD OF EDUCATION: deviate that money whatsoever, then are neither a rich district nor one that MR. JEROME HASKIE, basically you are going to have the wields a great deal of political influence. Board President strain on the public system that will What this Board does represent is a rich, In- MS. STEPHANIE VICENTI, Vice Board President not be able to pick it up in the rural digenous tradition and culture that holds areas. There is no other way for us to high the ideals of hard-work, humility, and MS. MASIKA SWEETWYNE, integrity. We are an agricultural, peace-lov- Secretary have the funding we need. ing society that has lived in this land since MS. BERNADETTE PANTEAH, Vouchers will siphon public funding time immemorial. Member away from our public schools, causing Yet our memory is long. We remember the MS. SHELLY CHIMONI, them to have to cut resources like era during which education was combined Member. teachers, advanced coursework, and with religion to be used as a weapon against Mr. HEINRICH. I suggest the absence preschool programs. They often do not the Native peoples of this great nation. We of a quorum. pay the entire cost of attendance at a know the trauma such action has caused to The PRESIDING OFFICER. The private school, making them unusable reverberate through generations of good, de- clerk will call the roll. by low-income students and families. cent Americans We also know the resilience The senior assistant legislative clerk of those same people who, despite the inflic- Vouchers also can strip students with tion of weaponized education, have come proceeded to call the roll. disabilities and their families of their today to see literacy as their American Mr. MANCHIN. Mr. President, I ask rights under the Individuals with Dis- birthright, and to crave that sacred Amer- unanimous consent that the order for abilities Education Act. The most trou- ican Dream for which we are all Constitu- the quorum call be rescinded. bling part of that hearing, if you tionally entitled to strive. This is a living The PRESIDING OFFICER. Without watched it or saw any parts of it, was medicine and healing that must not be un- objection, it is so ordered. the lack of understanding that every done through the dissolution of the separa- Mr. MANCHIN. Mr. President, I rise child deserves the opportunity for a tion of church and state, one that we must to express my concern with the nomi- quality education no matter what his nurture and safeguard for all American chil- nation of Betsy DeVos as the Secretary dren. or her disabilities may be. That is a re- We are reminded during this time that, as of Education. sponsibility we have as Americans. you do, we hold publicly-elected positions The State of West Virginia is a State With that, if you have never been in designed to represent a broad spectrum of made up of a lot of small towns. We a public school setting, you have never constituent. The beauty of the United States don’t have any what you call large attended a public school yourself and public school system, unlike many in the metropolitan areas. We are an urban have always been privately schooled, rest of the world, is that we take everyone rural State. For many communities in your children have never attended a who walks through our doors and love every West Virginia, our schools are more child who sits in our desks, without ques- public school and have always either tion. This Board therefore stands by all of than just classrooms, teachers, and been privately schooled or home our students, no matter what color or eth- textbooks. Our children in West Vir- schooled, you have probably never been nicity, regardless of their creed; every child ginia learn more in their public school in a setting where you have seen a dis- who identifies on the spectrum of L,G,B,T,or than reading, writing, and arithmetic. abled child trying to get the opportuni- Q; every child with either a physical or They are the heart of the community ties that other children have, with a learning disability, or both; every child who and a home away from home for most special aide who is working with them. speaks a second language; every immigrant of them. They are a safe place to stay You can say that is a waste of re- child as well as every Native American child who can trace their lineage in this land back after school where no harm will come sources. I guess you could say that if it thousands of years; every child who sees to them. They are a place where nutri- wasn’t your child. If it wasn’t some- their education as the bridge between their tional meals are served and health care body you knew, it would be easy to say most ardent dreams and their most hopeful services are provided by trusted school that, But just the empathy you would futures. nurses. have—it would be hard for a person to We further stand by each parent, guardian, After meeting with Mrs. DeVos and understand that. I believe that is a grandparent, sibling, aunt, uncle; every watching her answer questions at her compelling reason to make me take member of kin that builds and holds strong the dream of education for each of our chil- confirmation hearing, I have a hard pause and say that I believe we need dren, knowing as we have always known in time believing she has the qualifica- somebody who has had that diversity, Zuni that our children are our most sacred tions to be the Secretary of Education. who has had that real classroom expe- gifts. I believe in local control of education rience.

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.004 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 6, 2017 Another thing—never to be in a PTA that by taking funds away makes it almost mitted to ensuring they receive a qual- meeting where you have problems with impossible. ity education. A strong education is schools. You might have problems with My request is not politically motivated— the building block for success for every my request for you to vote against Mrs. the bus and transportation. You might DeVos is about the teachers I work with in child and the foundation for our coun- have problems with extracurricular ac- Marion County and across WV. One of the try’s long-term economic strength. We tivities or lunch programs or a routine pillars of a great civilization is education. need an Education Secretary that un- study program, where you can sit down Although the American system of education derstands the challenges that students, with other parents and work through is not perfect, we are still envied by many teachers, and schools in rural areas these programs. That is something nations. face. that is hard for most of us in West Vir- Education is a hope for children of poverty Betsy DeVos has spent her career as well as those who have economic security. working in the private school system, ginia to ever conceive, that you could Please encourage President Trump to seek never be in that position and never out a former or current state superintendent not investing in and improving the have that experience in life. I believe of education or a chancellor of higher edu- public school system. Much of the poli- communities in West Virginia know cation or anyone with the knowledge to walk cies that Mrs. DeVos supports would our students’ needs better than some- in step with us as we make a brighter future divert public funds to private schools— one who never attended or worked in for our children. whether it was intentional or not— the public school system. During her hearing, Mrs. DeVos dem- strip accountability from these Many West Virginians have called onstrated a lack of knowledge about schools, and significantly harm the and written to me expressing their con- the basic issues in public education, in- public school system in my little State cern about Mrs. DeVos. I have a letter cluding the debate about how best to of West Virginia, which is all we have. I want to read from Diane from Marion measure student progress. She also did It is difficult to speak—and I try not County, my home county. We have not appear to have a solid under- to make it personal because I don’t be- hundreds of letters that have come in. standing about the amount of student lieve in the toxic rhetoric that goes on Diane writes: loan debt in this country, which is now sometimes in this room, and it I am asking you to vote against the con- the second-largest source of consumer shouldn’t in this great Senate Chamber firmation of Mrs. Betsy DeVos as Secretary debt in the United States, surpassed of ours and on the Hill. So I know this of Education. As an educator with 44 years of only by home mortgages. is probably a good lady who is well-in- experience in public schools, I recognize we Not only does she lack the institu- tentioned. She just doesn’t have that have many issues, but I also know we do tional knowledge, but she has no per- personal experience it takes to grab much that is right for children. Educators no sonal or family experience with the this entire country and understand longer simply teach core content. We know student loan system or any experience that we are different. States are dif- that children can only thrive if their social, emotional and physical needs are met. The running a major loan program like the ferent. We depend on it. We can’t al- whole child is now the focus of every teach- one she would be in charge of as Sec- ways go in one direction, and that is er, and teaching has become a very difficult retary of Education. This leads me to the flexibility. They are saying: Well, but a very rewarding job. believe that she would be unable to run we will give you flexibility. We need Educators need and DESERVE a Secretary the program effectively and efficiently. the support from Washington to have of Education that knows and understands What I have said and spoke to other the flexibility to make sure the chil- the tremendous responsibility each of us has people about—I understand and I think dren of West Virginia have the same accepted. We do not have the time to get the most of us have been in Washington opportunities that a child in Pitts- leader ‘‘in step’’ with us. We need and DE- SERVE someone who understands how poli- long enough to understand how the sys- burgh, PA, might have in a larger cies can impact what we are able to do for tem works. Even though the person school district, one in a metropolitan our children. . . . We need and DESERVE would have the greatest of intent, the area that could afford—because you someone who understands the value of aca- most honorable of intent, wanting to don’t have all the travel and every- demic growth versus proficiency. We need do a balanced job, if they never had the thing else that is involved—to have a and DESERVE someone who understands experience and they are charged with charter school. how important it is to send food home in setting up programs that are supposed In my State, even the legislature backpacks because our children will not eat to incentivize schools, school districts, couldn’t. They looked at charter and during a weekend or holiday break. States, those programs are not going voucher systems, and they couldn’t I want to stop there and give you a to lean to where they have no knowl- find a pathway forward because of the personal experience. When I was Gov- edge; those programs will go to where limited funding and knowing that it ernor of the State of West Virginia, I they have the most knowledge and in a would divert. If there is no more fund- would go around to the schools. The direction of the policies they believe ing going into it, that means you have school would tell me what was going on in. With that being said, incentives to cut the pie more. They were con- in the community. I would always go would go in that direction. When the cerned about even going in this direc- to the cooks because they really had incentives go in that direction, it pulls tion. My legislature, in the last 2 the pulse of the school. This was May, further resources away from a rural years, has flipped completely to a Re- and school was getting ready to let out public education system. publican majority in both the House for the summer. One of the cooks was At her hearing, Mrs. DeVos failed to and Senate. They are all good people, crying in the kitchen. I couldn’t figure recognize that the Individuals with well-intended. They are looking at all out what was wrong. I went back and Disabilities Education Act is a Federal these different avenues, but at the end tried to console her and talk to her. law protecting access for individuals of the day, you have to take care of I said: Can you explain why you are with disabilities to a decent public edu- those whom you are responsible for. In so upset? You are just about out for the cation and that she would be in charge rural West Virginia, that is a child who summer. of ensuring that the school imple- might have to ride 1 hour just to go to She said: I know these little kids mented the act. No child should ever be school. I don’t know where you would aren’t going to eat much this summer. denied access to the same public edu- put a charter school. I don’t know She wanted to stay and cook through cation because they suffer from a dis- where, with the voucher system, you the summer, have all year so the kids ability. As both a Governor and a fa- could send him. would have nutrition. That tells you ther, I can never look a parent in the If we have a problem in deficiencies, what we are dealing with in an awful eyes and tell them their child cannot that is basically the responsibility of lot of rural settings. get the same education as another the county and the community. It is We need and DESERVE a leader who child simply because they suffer from a the responsibility of the parents and knows that almost every teacher utilizes his/ disability and it would be too costly for guardians to be involved. It is a respon- her own personal funds to buy pencils, paper, sibility for all of us to speak up. I guess classroom supplies and instructional mate- us to do. rials for our students because the budget for West Virginians need an Education what we are going to end up with is all what our children DESERVE is not given to Secretary who has an understanding of the children with disabilities or chil- us. That is the strain we already have on the the needs of all children, including dren who basically do not have the system now. If you put any more strain on those with disabilities, and is com- means or a person in their family who

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.041 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S713 is able to drive them or take them to a chusetts, we recognize that education State. These companies are focused special school; they are all going to be is a passport to the job opportunities of first and foremost on making money. left, so-called, behind. the 21st century. Massachusetts stu- We don’t allow this to happen in Mas- It is just not who we are in West Vir- dents at the 4th, 8th, and 10th grades sachusetts. We have only one goal, and ginia. I ask for your consideration that are No. 1 in America in math, verbal, that is to be No. 1. maybe we can find a Secretary who has and science. We are No. 1 in math, That money must stay in the school the experience and understanding and verbal, and science, 4th, 8th, and 10th system, especially if you are trying to has the real-life experience—they grades. If Massachusetts were a coun- educate a minority population, which might have attended a public school try, we would be second behind Singa- is the future workforce of our country. themselves. I am a product—I am sure pore in reading for the whole planet. That is key. They don’t come from the you are a product of public schools. We That is Massachusetts. traditional backgrounds in many cir- are a product of the public school sys- We have a very high percentage of cumstances. The Secretary of Edu- tem, probably, more than likely, rural our students who are minorities in our cation must fight for all children and public school systems. We did pretty home State. I live in Malden. Malden is families, not promote companies seek- well with them. People cared. We had a city of 60,000 people. Malden High ing to profit off the backs of our stu- to give a little bit and make some sac- School, 2016 graduation class, 28 per- dents. Not even Michigan—the State rifices, and we did that. The bottom cent White, 25 percent Asian, 24 per- where DeVos and her family money line was that there were no options. We cent Latino, 23 percent Black, 1 per- have tried to exert the most influence made the best out of what we had. cent Pacific Islander. What is our goal? over education policy—has imple- These kids aren’t going to have op- Our goal in Malden—our goal in Massa- mented a statewide voucher system. tions. The majority of kids in West chusetts—is to be No. 1. No. 1, not just Despite spending $5.6 million on a cam- Virginia or Oklahoma will not have in the United States but No. 1 in the paign to promote school vouchers, the those options. You better make sure world. We know you can do it if you DeVos family failed to amend the that school system you have, a public make a commitment to these kids. Michigan State constitution. If Betsy school in a rural setting, is giving that It is not just our traditional public DeVos is allowed to expand her school child every opportunity that he and schools. It is our public charter choice policies across the United she can excel. Who knows, maybe one schools, our private schools, our pre- States, it would be devastating for our day they will be sitting in my seat or paratory schools that are enormously students and for the future of our coun- your seat. I hope so. successful. Many of them are world fa- try. Her ideas are too extreme. They With that, I say I must oppose her mous, these high schools. People send will not work for our students or for achieving the Secretary position that their children from around the country school districts in our Nation. President Trump has nominated her to go to a school in Massachusetts. I also share serious doubts that Betsy for, with all due respect. I think I stat- The success of our public charter DeVos will support all students in ed my reasons for that. I would hope schools is largely due to very strong America. The Individuals with Disabil- that people understand our rural public accountability measures brought about ities Education Act is the primary Fed- schools truly need a champion. We through State regulations and rigorous eral law that ensures that all students need that champion to really step for- oversight. That is the key to our char- in every State have access to a free and ward and lift us all up. ter school system. It is accountability. appropriate public education, regard- I yield the floor. It is oversight. It should not be drain- less of physical or mental handicaps, The PRESIDING OFFICER. The Sen- ing money out of the charter school learning or attention disorders. This ator from Massachusetts. system for profits for private corpora- law covers students who are blind, Mr. MARKEY. Mr. President, I am tions. It has to be invested in the kids, deaf, vocally or mobility impaired, and here this afternoon to stand up to one but Betsy DeVos wants charter schools those with autism or ADHD. Congress of the most dangerous nominees in to have less accountability and has passed the original form of IDEA in President Trump’s Cabinet of Big Oil, fought to keep charter schools unregu- 1975. It is a bedrock law in our country. big banks and big billionaires who are lated across Michigan. Yet when Betsy DeVos was asked about going to be populating the Cabinet of When the Michigan State Legislature it during her nomination hearing be- the United States. introduced a bipartisan bill that would fore the HELP Committee, she stated The Secretary of Education is re- have expanded oversight of charter that States should be responsible for sponsible for a budget that includes $36 schools, Betsy DeVos stepped in. She determining how, and even if, to en- billion for elementary and secondary and her family donated $1.45 million to force IDEA. education, $150 billion for higher edu- State legislators in order to strip the Remember, IDEA goes right to the cation each year. On top of that, the helpful oversight accountability lan- heart of what we are going to do for Secretary of Education is responsible guage out of the bill. That works out those kids with disabilities. That is a for more than $1.2 trillion in out- to $25,000 a day over the 7-week period bedrock law in our Nation. States must standing Federal loans. the bill was being debated. Betsy abide by it. We need a Secretary of This nominee, Betsy DeVos, would DeVos and her unlimited funding ulti- Education who understands long- shape the policies and programs that mately succeeded in blocking the com- standing Federal education law and affect more than 50 million students monsense accountability legislation. will commit to protecting every stu- across our country. Young people may The students and families of Detroit dent in America because every student be 16 percent of our population, but were denied the key protections in deserves the guarantee that they can young people represent 100 percent of oversight that their schools needed. and they will receive a free and appro- the future of the United States. Betsy DeVos’s school choice prior- priate public education that is prom- We need a Secretary of Education ities go beyond expanding and deregu- ised and protected by law. who believes that all children deserve lating charter schools. She has pushed If this laundry list of efforts to un- access to a quality public education, for voucher programs that would use dermine public education wasn’t regardless of income, race, ethnicity, taxpayer money, your money, to pay enough to cause skepticism about neighborhood, or disability status. for a child’s private school tuition. Betsy DeVos’s qualifications to be Sec- Betsy DeVos does not share this com- Under a national voucher system, the retary of Education, in her confirma- mitment to equal opportunity, and she funding that would normally go to tion hearing, Betsy DeVos would not is unqualified to serve as Secretary of local school districts would instead be commit to keeping guns out of our Education. diverted away from public schools to- schools. Her response when asked Betsy DeVos has a long and well-doc- ward for-profit, private institutions. In about the issue was: ‘‘I think that is umented record of opposing public addition to the private schools that best left to locals and States to de- school systems. She has implemented benefit from a voucher system, 80 per- cide.’’ Guns do not belong anywhere school choice voucher programs. She cent of the charter schools in Michigan near our schools or our students and has simultaneously expanded and de- are run by for-profit companies, a teachers, not in public or private regulated charter schools. In Massa- much higher percentage than any other schools, not in elementary schools, and

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.042 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S714 CONGRESSIONAL RECORD — SENATE February 6, 2017 not in our high schools. I am proud to menting the standards of the laws that terback of all time; and the Patriots, have stood with Senators CHRIS MUR- we already have on the books across led by Robert Kraft, is the greatest PHY and RICHARD BLUMENTHAL on the our country—it points us in the correct franchise of all time. We are very proud floor of the Senate for 15 hours calling direction. that victory last night cemented that for congressional action on common- So with that, I urge a ‘‘no’’ vote on place in history. sense gun safety legislation. As a Sen- Betsy DeVos and her nomination as Once again, I just want to congratu- ator, the safety and security of Massa- Secretary of the Education Depart- late each and every one of them and es- chusetts’ schools, neighborhoods, and ment. pecially the Patriots fans who, through communities are my top priority. I yield the floor. thick and thin, have been with that Our Secretary of Education has the I suggest the absence of a quorum. team every step of the way. safety of every student in every State The PRESIDING OFFICER. The I yield the floor. in his or her hands, and I do not believe clerk will call the roll. I suggest the absence of a quorum. Betsy DeVos is up to that job. I do not The senior assistant legislative clerk The PRESIDING OFFICER. The stand alone in this conclusion that proceeded to call the roll. clerk will call the roll. Betsy DeVos is unfit to be Secretary of Mr. MARKEY. Mr. President, I ask The senior assistant legislative clerk Education. I received tens of thousands unanimous consent that the order for proceeded to call the roll. of letters and phone calls from con- the quorum call be rescinded. Mr. MENENDEZ. Mr. President, I ask stituents all across Massachusetts urg- The PRESIDING OFFICER. Without unanimous consent that the order for ing me to reject her nomination. These objection, it is so ordered. the quorum call be rescinded. come from teachers and administra- CONGRATULATING THE NEW ENGLAND PATRIOTS The PRESIDING OFFICER. Without tors, the people who work on these Mr. MARKEY. Mr. President, Amer- objection, it is so ordered. issues every day. I have a letter here ican history was made last night. The Mr. MENENDEZ. Mr. President, I from Todd Simendinger, the principal New England Patriots won the Super rise today as a product of New Jersey of Rockport Elementary School in Bowl. This triumvirate of Robert public schools, the son of Cuban refu- Rockport, MA. Kraft, Bill Belichick, and Tom Brady gees whose parents decided to leave ev- He wrote to me last week and said: continues this historic journey to erything behind because they did not Senator Markey, as a strong supporter of being recognized as the greatest single like the dictatorship from the right public education, I ask that you oppose the football team in the history of the and did not like what they saw in the confirmation of Betsy DeVos as Secretary of United States. Even as the Falcons Sierra Maestra, as the Castros were Education. We must have a secretary who were ahead by 25 points, even as the seeking to overthrow that government can commit to supporting every student in rest of the country thought the game from the right, and who fled their own all public schools and provide leadership was over, we in Massachusetts, we in country in order to seek a better life in that will help our neighborhood schools suc- New England, we have our own motto: the United States. ceed. Betsy DeVos’s record in education and They were the lucky ones. They saw her performance at the recent confirmation In Belichick we trust. In Brady we hearing prove that she is the wrong can- trust. the handwriting on the wall, and they didate for the job. As a principal, I have spo- We knew it was not over. We knew got out before the true brutality of the ken with teachers, parents, students, and there was still hope. We knew there Castro regime took hold in Cuba. When community members who agree that Amer- was a plan that could be implemented they arrived here, they had nothing ica’s future depends on a strong investment that would ensure that the Patriots more than the promise of a brighter fu- in our Nation’s public schools. once again would prevail. ture and, if not for them, then for their The offices of so many of my col- I thank the Presiding Officer for giv- children. leagues who have spoken on the floor ing me this opportunity to be recog- In so many ways, it is the quintessen- already have, like me, received these nized on this most important of all tial immigrant story; indeed, the quin- kinds of letters and messages literally subjects. This incredible Patriots vic- tessential American story. My mother on a minute-by-minute basis from our tory has brought joy to people all worked as a seamstress in the factories constituents. Their passion is born of a across New England. It has brought dis- of New Jersey. My father was an deep commitment to ensuring that the may to people in other parts of the itinerant carpenter. We didn’t have a very best education for all of the chil- country. They still continue to be mys- lot of money—just enough to live in a dren of the Commonwealth can only be tified by this incredible team and the small apartment in a tenement in provided if the standard for that edu- incredible leadership those three great Union City and put food on the table. cation is high. I commend them, and I leaders provide. But for us, we realize But that was plenty. It was plenty be- agree with their concerns. All children we are in the presence of greatness. We cause my parents knew that living in deserve that standard. know how spoiled we are to have such America gave their children access to a So, from my perspective, you cannot a great team. free public education, and they always have a more fundamental issue before I just wanted to rise and congratu- taught us that an education was the us, this privatization of the public late the New England Patriots, their key toward a better life. school system in America, the leadership of Bob Kraft, Bill Belichick, Growing up, I was a quiet kid. I was voucherization of our public school sys- Tom Brady, but all of this team, be- very studious. I got good grades, but I tem in America. There is a model. It is cause their motto is a very simple struggled with public speaking. I know Massachusetts. We do it right now. We motto. It says: Do your job. That is some of my colleagues wouldn’t believe are No. 1 in the country. We look over what every Patriot did last night. Be- that today, but it is true. our shoulders at those who are behind cause they stuck it out through every Unfortunately for me, one of the us. But it is a standard that basically single play, at the end of the day, they final requirements before I graduated says: We are going to invest in the pub- were able to enjoy that historic vic- high school was a public speech class. lic schools and the charter schools. We tory. Again, I did all the work, but I refused are going to make sure they have the For my part, I can’t be more proud of to actually stand up in front of the highest possible standards. any group of New Englanders. It was class and speak. I thought I could get That is a recipe for ensuring that just a fantastic victory. As a season away with it, but my teacher, Gail every child, regardless of their national ticket holder, when I was 19 years old, Harper, had other ideas. nationality or their income, gets the when it was seven games at $6 apiece— She kept me after class. After my education they need for a portable $42 as a season ticket holder at Fenway classmates left, she forced me to recite passport to a global economy for the Park. You can imagine how almost im- short stories and poetry and speeches I rest of their lives. That has to be our possible it is to believe that we have had written that were part of the class- goal. What is happening using the phi- reached such a stage where even those work. Eventually she told me that I losophy of Betsy DeVos is a failure. It who have been critics of the Patriots was going to be the narrator in a is a proven failure. We already see the now are forced to recognize that Bill school production, which meant that I results. What is happening in Massa- Belichick is the greatest coach of all was going to be speaking on stage in chusetts, what happens in imple- time; Tom Brady is the greatest quar- front of the entire student body. I was

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.043 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S715 petrified—petrified. And I was inclined where they live, regardless of the hap- I do not believe that it is the role of to refuse. penstance of where they were born, re- a Cabinet Secretary to simply and I am not sure if there would have gardless of their station in life. blindly support the President, regard- been a more terrifying thought to me Most importantly, I understand that less of how misguided or dangerous an in the world than having to get up in our public education system has idea might be, nor do I believe that it front of my entire student body, but formed the foundation upon which the is reasonable or responsible to make it Ms. Harper told me that she knew that American dream has been built for gen- easier to bring guns in and around I could succeed. If I refused, however, erations. It is the great socializing fac- schools, where they endanger our chil- she would have no choice but to fail tor of our Nation, and there is no sub- dren. We must do a better job of secur- me. And if you knew my late mother, stitute for it. At its core, it is an all- ing universal background checks and that was not an option. taker system. It does not care whether treating mental health issues, but So I swallowed my fear, and when I you are wealthy or poor, whether your more guns is not the answer. got out there, I found that Ms. Harper’s family predates European settlement, Mrs. DeVos also said in her testi- work paid off. Not only did I realize came on the Mayflower, or is first-gen- mony that she believed that compli- that I could overcome all of that fear eration American. It does not care ance with the Individuals with Disabil- and anxiety, but it had instilled in me whether you are White or Black or His- ities Education Act should be left up to a hunger to keep working, to get better panic or Asian or Christian or Jewish the States. IDEA, as the act is known, at speaking in front of people, a skill or Muslim. It does not care whether guarantees a ‘‘free, appropriate public that I honestly owe my life’s work to. you struggle with learning disabilities education’’ that is individualized to For me, Ms. Harper was so much or autism or Down syndrome. meet the needs of every student with more than a teacher; she was a mentor Our public education system wel- disabilities. and one of the unsung heroes of our comes you with open arms and adheres When Congress first passed IDEA in public education system. And I am to the fundamental principles that all 1975—though it was called then the privileged to have had an opportunity are welcome, all are equal, and all de- Education for All Handicapped Chil- to tell her that during her lifetime. serve a chance to learn and earn a bet- dren Act—it came with a promise that Now, thanks to my parents’ commit- ter life for themselves and their fami- the Federal Government would cover 40 ment and incredible public school- lies. percent of the cost to educate those teachers like Ms. Harper, this product While we work to improve public edu- with special needs. Unfortunately, we of New Jersey public schools went on cation and renew our commitment to have not met that obligation, pro- our children, we need a partner in the to get a law degree from Rutgers Uni- viding less than half of that funding in Federal Department of Education that versity, a State institution, and was recent history. also understands these challenges and able to rise from a tenement in Union IDEA is Federal—not State—law. It shares our values. Unfortunately, I do City to 1 of 100 Senators in a country of is Federal law that needs increased not believe that Betsy DeVos is that over 300 million people. funding and attention from the Federal candidate. I got my start in politics fighting for Government. And when this was point- While I do not question her inten- public schools in my hometown. When ed out to Mrs. DeVos, she said simply tions, her limited experience and advo- that she ‘‘may have been confused.’’ I was in high school, I was told that be- cacy for policies that fundamentally cause of my grades and my activities, I Our children with disabilities deserve undermine public education make her a real Federal partner that under- could be in the senior honors program unqualified to be the Secretary of Edu- stands the challenges they face and is but that I had to cough up $200 for the cation. committed to getting them the re- books. My parents were poor. We lived Mrs. DeVos has never participated in sources they deserve, not a Secretary in a tenement. I didn’t have $200 for the the public education system that she of Education who is confused about the books. And I couldn’t understand, for would be tasked with overseeing either Federal role in education. the life of me, if I had the ability and as a student or a parent or a teacher or These are only a few examples of how the grades but not the money, that I an administrator. I don’t see that fact Mrs. DeVos has shown herself to be un- would be barred from being in the hon- in and of itself alone as disqualifying prepared and unqualified for the very ors program. So I raised such a ruckus but, coupled with the policies that she serious position to which she has been that they gave me the books, told me has advocated for in her home State of nominated. to be quiet, and they put me in the Michigan—pushing for more charter If confirmed, Mrs. DeVos would take honors program. But I had friends who schools while simultaneously working over a multibillion-dollar Federal stu- had the same circumstances; they had against accountability for them, even dent aid and student loan program that the ability and the grades, but they as they profit off the backs of children helps American families afford the sky- didn’t have the money. Unlike me, while showing little improvement in rocketing cost of higher education. they didn’t say anything, and they student outcomes; advocating for I, myself, was a recipient of Pell didn’t get in. So I didn’t think that was voucher schemes that put public fund- grants and other Federal student aid right. ing into private schools even for fami- and would not have been able to afford I petitioned to change the school lies that do not need the additional as- the cost of a college degree without board from being appointed by the sistance, while depriving public schools them. Yet not only does Mrs. DeVos mayor at the time to being elected by of vital funding that they depend upon have no experience with student loans the public. Ultimately, I won the fight to provide a quality education to every or managing such a program, she has to change that school board and be- student—it becomes clear that Mrs. very little, if any, engagement with came the youngest school board mem- DeVos does not understand that funda- any policy issues pertaining to higher ber at that time in history when I was mental commitment to American chil- education. 20 years old. dren. At a time when trillions of dollars of So I understand the promise of public My concerns about Mrs. DeVos were student debt are acting as a barrier to education. I understand the challenges compounded by the answers she gave in obtaining a higher education, hin- that come with it. I understand the her confirmation hearing before the dering a generation of graduates from need for parental engagement and the HELP Committee. Guns have no place entering the middle class, and acting extraordinary impact that good teach- in our schools—at least in my view— as a drag on our economy, we deserve a ers can have on our children’s lives. except in the hands of trained law en- nominee who understands these issues. I understand that our schools need forcement personnel tasked with keep- As we continue to struggle with the access to adequate resources in order ing our children safe, yet when asked if best ways to measure student progress to allow every student to reach their she would do away with gun-free school and achievement, we deserve a Sec- full potential. And I understand that zones, if told to do so by the President, retary of Education who understands we have a long way to go to ensure Mrs. DeVos, after trying to avoid the basic concepts like the difference be- that we truly do guarantee every child question with a nonanswer about griz- tween proficiency and growth. in America equal access to a high qual- zly bears attacking schools, said she So let me just say, my own experi- ity public education regardless of would ‘‘support the President.’’ ences have given me an incredible faith

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.045 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S716 CONGRESSIONAL RECORD — SENATE February 6, 2017 in the power of public education sys- ecutive Commission on the People’s Booker Graham Nelson tems, while Mrs. DeVos has worked Republic of China: the Honorable Boozman Grassley Paul Brown Harris Perdue only to undermine them. I believe that MARCO RUBIO of Florida (Chairman), Burr Hassan Peters the Federal Government can be a the Honorable JAMES LANKFORD of Cantwell Hatch Portman strong partner in ensuring a free, qual- Oklahoma, the Honorable TOM COTTON Capito Heinrich Reed Cardin Heitkamp ity public education for all students, of Arkansas, the Honorable STEVE Risch Carper Hirono Roberts AINES Casey Hoeven especially those with disabilities, while D of Montana, and the Honorable Rounds Cassidy Inhofe Mrs. DeVos seems to think that the TODD YOUNG of Indiana. Sanders Cochran Isakson Federal Government should not be in- The Chair, on behalf of the President Coons Johnson Schatz volved in these endeavors. of the Senate, pursuant to Public Law Corker Kaine Schumer I believe that guns must remain out 85–874, as amended, reappoints the fol- Cornyn Kennedy Scott Sessions of our schools, but Mrs. DeVos seemed lowing individual to the Board of Cortez Masto King Cotton Klobuchar Shaheen to indicate that they could have a Trustees of the John F. Kennedy Cen- Crapo Lankford Shelby place there. Most importantly, I be- ter for the Performing Arts: the Honor- Cruz Leahy Stabenow lieve that our students, parents, teach- able ROY BLUNT of Missouri. Daines Lee Sullivan ers, and educators should be able to Donnelly Manchin Tester QUORUM CALL Duckworth Markey Thune trust the person tasked with over- Mr. MCCONNELL. I suggest the ab- Durbin McCain Tillis seeing them. And the 50,000 New sence of a quorum. Enzi McCaskill Van Hollen Jerseyans who have reached out to me Ernst McConnell Warner The PRESIDING OFFICER. The Feinstein Menendez to oppose her nomination have clearly Warren clerk will call the roll. Fischer Merkley Whitehouse Franken shown that she has not earned that The senior assistant legislative clerk Moran Wyden Gardner Murphy trust. Young proceeded to call the roll and the fol- Gillibrand Murray Here is one example of a constituent lowing Senators entered the Chamber who reached out to my office. and answered to their names: NAYS—4 Collins Rubio Dear Senator, [Quorum No. 2 Ex.] My name is Beth More and I live in your Heller Wicker Cantwell Grassley McConnell great State of New Jersey in Fanwood in NOT VOTING—5 Capito Isakson Menendez Union County. I am writing today to express Cornyn Kaine Murphy Flake Sasse Udall my deep opposition to the appointment of Donnelly Lankford Tillis Murkowski Toomey Betsy DeVos as Secretary of Education. As a Fischer McCain mother of two boys in our public school sys- The motion was agreed to. tem, and one with special needs, I am deeply The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. A concerned and troubled by Mrs. DeVos’s lack MORAN). A quorum is not present. quorum is present. of public school experience. In fact, the The clerk will call the names of ab- The Senator from Tennessee. thought of her steering money and funding sent Senators. (The remarks of Mr. ALEXANDER away from public schools is not only a threat The senior assistant legislative clerk pertaining to the submission of S. Res. to my children, but a threat to the 50 million resumed the call of the roll and the fol- 50 are located in today’s RECORD under other children currently receiving a public lowing Senators entered the Chamber ‘‘Submitted Resolutions.’’) education. She lacks understanding in even and answered to their names: Mr. ALEXANDER. Mr. President, I the most basic issues that affect our schools, [Quorum No. 2 Ex.] yield the floor. and that, my Senator, is scary. I urge you to The PRESIDING OFFICER. The Sen- strongly oppose this and tell your other col- Barrasso Gardner Murray leagues in the Senate the same. Cotton Moran Schumer ator from Wisconsin. Ms. BALDWIN. Mr. President, I rise So I implore my colleagues to put The PRESIDING OFFICER. A to urge my colleagues to join me in op- politics aside, to examine Mrs. DeVos’s quorum is not present. posing the nomination of Betsy DeVos qualifications closely, and to be open The majority leader. to be Secretary of Education. Simply to the input that you all are receiving Mr. MCCONNELL. Mr. President, I put, Betsy DeVos is completely un- from your own constituents, like Beth move to instruct the Sergeant at Arms qualified to serve as Secretary of Edu- More. to request the attendance of absent cation in this great Nation. I hope that if you are open in your Senators, and I ask for the yeas and Many others share this view. I have mind in that regard, you will oppose nays. heard from thousands of parents, Betsy DeVos’s nomination to be Sec- The PRESIDING OFFICER. Is there a teachers, and other citizens of Wis- retary of Education, as I will. second? consin who are concerned about the fu- With that, Mr. President, I yield the There appears to be a sufficient sec- ture of our education system urging me floor. ond. to oppose Mrs. DeVos and certainly op- I suggest the absence of a quorum. The question is on agreeing to the posing her vision for America’s stu- The PRESIDING OFFICER. The motion. dents. As of today, over 20,000 Wiscon- clerk will call the roll. The clerk will call the roll. sinites have emailed me, and we have The senior assistant legislative clerk The senior assistant legislative clerk had over 7,000 phone calls opposing the proceeded to call the roll. called the roll. confirmation of Mrs. DeVos, and Sen- Mr. MCCONNELL. Mr. President, I Mr. CORNYN. The following Senators ate Democrats are unified in our oppo- ask unanimous consent that the order are necessarily absent: the Senator sition to Mrs. DeVos serving in this ca- for the quorum call be rescinded. from Arizona (Mr. FLAKE), the Senator pacity. Even two Senate Republicans The PRESIDING OFFICER. Without from Alaska (Ms. MURKOWSKI), the Sen- have announced that they cannot sup- objection, it is so ordered. ator from Nebraska (Mr. SASSE), and port Betsy DeVos. If just one more of APPOINTMENTS the Senator from Pennsylvania (Mr. my Republican colleagues were to an- The PRESIDING OFFICER. The TOOMEY). nounce their opposition and were to Chair, on behalf of the Vice President, Mr. DURBIN. I announce that the vote no, we could do the right thing pursuant to Public Law 94–304, as Senator from New Mexico (Mr. UDALL) and tell President Trump that he real- amended by Public Law 99–7, appoints is necessarily absent. ly needs to find a new candidate, a new the following Senator as the Chairman The PRESIDING OFFICER. Are there candidate for Secretary of Education of the Commission on Security and Co- any other Senators in the Chamber de- who is qualified to run that Depart- operation in Europe (Helsinki) during siring to vote? ment. the 115th Congress: the Honorable The result was announced—yeas 91, While Betsy DeVos has spent decades ROGER WICKER of Mississippi. nays 4, as follows: advocating for a particular vision for The Chair, on behalf of the President [Rollcall Vote No. 53 Ex.] education, she has never actually of the Senate, pursuant to Public Law YEAS—91 worked as a teacher or as an adminis- 106–286, appoints the following Mem- Alexander Barrasso Blumenthal trator. Her career has involved invest- bers to serve on the Congressional-Ex- Baldwin Bennet Blunt ing hers and her family’s considerable

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.046 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S717 wealth and using those resources to ad- about how this long history of support autism, to actually thrive in a public vance the privatization of our K–12 for these anti-LGBTQ organizations education setting, along with her education system. She did not attend a will influence a Department which, peers. public school either for grade school, over the last 8 years, has shown some Finally, as a strong proponent of high school, or college, and nor did her tremendous leadership in supporting making college more accessible and af- children. She has never worked as a LGBTQ students and parents in the fordable, I do not believe that Mrs. teacher, principal, professor, counselor, education system. DeVos has the experience or vision or in any other formal role in our edu- The Federal Government’s primary that will allow her to successfully lead cation system. role in elementary and secondary edu- the Department in supporting higher Her confirmation hearing before the cation is to promote equity. I am not learning. Health, Education, Labor, and Pen- convinced that Mrs. DeVos will be the There is a student debt crisis in this sions Committee clearly demonstrated leader the Department needs to do just country, but Mrs. DeVos doesn’t have a how little she knows about Federal that. Congress passed the Elementary plan to address it and has even ex- education law and policy. It was star- and Secondary Education Act in 1965 as pressed skepticism about a Federal tling to see her ignorance about crit- a civil rights measure. It was designed role. ical measures like the Individuals with to ensure that every student, regard- While she has acknowledged that Disabilities Education Act or the de- less of ZIP Code or parents’ income, there are some bad actors in higher bate over growth versus proficiency as has access to a quality public edu- education, she has also refused to com- a measure of student achievement. cation. mit to enforcing regulations that help Betsy DeVos has demonstrated that We continued that important tradi- students who are defrauded by dis- she has neither the knowledge nor the tion in reauthorizing this law, which is honest schools like Corinthian Col- experience in education that would now in the form of a very strongly bi- leges. We need a Secretary of Edu- allow her to be a successful leader of partisan bill, the Every Student Suc- cation who is an advocate for those the Department of Education. Mrs. ceeds Act. The next Secretary of Edu- students, not one who is looking for DeVos has worked to advance a vision cation will have to implement that act. ways to shirk that responsibility. Despite the fact that the Department of K–12 education that is fundamen- I fear that Mrs. DeVos, as a vocal oversees billions of dollars in grants tally hostile to our public education proponent of State and local control, and loans that allow students to pursue system. will not be the strong voice we need to higher education, she has expressed My home State of Wisconsin has a hold States accountable for serving all skepticism about any Federal role in long and very proud tradition of sup- students, particularly those who have making college more affordable. She port for public education. Back at the been historically left behind. has even refused to oppose cuts to a founding of our State, we wrote the When we passed the Every Student program that helps students who com- guarantee that every child should re- Succeeds Act, we made sure there were mit to a career in public service or to ceive a free public education into our strong Federal guardrails to assure support efforts to ensure that the value very founding document, our State that we never forget why there is a of the Pell grant keeps pace with the Federal role in education to begin Constitution. Wisconsin had the first cost of college. kindergarten in the United States. Wis- with, for equity and civil rights and to For all of these reasons and many consin is proud of something that we make sure that every child can suc- others, Betsy DeVos is not the right actually call the Wisconsin idea in ceed. Furthermore, I am very con- choice for Secretary of Education. I higher education; that the walls of the cerned that Mrs. DeVos would not com- call on my colleagues to defeat her on classroom should be the borders of the mit to robustly supporting the Depart- the question of confirmation and to af- State, if not the borders of this Nation ment’s Office for Civil Rights or en- ford this new President the chance to or the entire world. forcing the very guidance that protects send us a nominee who is prepared to Mrs. DeVos’s experience in edu- transgender students from discrimina- be an advocate for all students and cation, however, has been a decades- tion. public education in this country. long effort to privatize it. Her record of Betsy DeVos lacks knowledge about The PRESIDING OFFICER. The Sen- support for vouchers as well as charter and commitment to the Federal laws ator from Florida is recognized. schools that lack adequate account- that ensure students with disabilities Mr. NELSON. Mr. President, I yield ability and oversight is very troubling have access to the various supports the remainder of my postcloture debate and could lead to diversion of public that they need to receive and benefit time to Senator SCHUMER. dollars in even greater amounts out of from a quality public education. The PRESIDING OFFICER. The Sen- public education. As I noted, she has demonstrated a ator has that right. Regardless of any vision or experi- complete lack of understanding about The Senator from Florida is recog- ence on education, Mrs. DeVos is a our Federal obligations to these stu- nized. nominee with, let’s say, complex and dents. I have heard from numerous par- CHINESE POLITICAL PRISONERS JIANG TIANYONG opaque finances. She has a very opaque ents in Wisconsin, parents of students AND TANG JINGLING record of financial dealings and polit- with disabilities who were appalled by Mr. RUBIO. Mr. President, I know ical giving, including on matters di- her inadequate answers to questions at that we are in the middle of an impor- rectly related to the work that the De- our education panel hearing. She was tant debate about a topic of education partment does which she seeks to lead. unprepared to answer questions about in our schools. One of the topics I hope Given her and her family’s investments the Individuals with Disabilities Edu- young Americans will learn more about in companies that benefit directly from cation Act, and these parents have is the state of affairs across the world Federal education programs, I remain written to express their distress about when it comes to human rights. very concerned about what we simply what her filling the role of Secretary of We are a vibrant society engaged in a still don’t know. Education could mean for their chil- heated debate, as we often have been I am also troubled by Mrs. DeVos’s dren if she were to be confirmed. throughout our history, about items of and her family’s long history of con- One Wisconsin mother of three spe- political matters. If you look here tributing to organizations that have cial needs children wrote to me about today, there are people standing up to been hostile to the lesbian, gay, bisex- how this Federal law provided the legal speak on different sides of an issue. ual, and transgender community, even rights that she needed to advocate for You see that the Republican Party promoting the discredited idea that them, to advocate for the best possible today controls the White House, the sexual orientation or gender identity educational environment for her three Senate, and the House, and yet you can be changed through conversion sons with special needs. have people with the freedom in this therapy. I heard from another mother, Melissa country to be able to stand up and op- While she told me and several of my from Beloit, who detailed how the Indi- pose that. We have seen that across the colleagues at her hearing that she be- viduals with Disabilities Education Act country with demonstrations and lieves all students should be treated makes it possible for her daughter, speeches and all sorts of other pro- equally, I really remain concerned Rowenna, who has Down Syndrome and tected speech. We are very fortunate

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.051 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S718 CONGRESSIONAL RECORD — SENATE February 6, 2017 and blessed to live in a nation with Department to prioritize these cases A second Chinese individual I want to those freedoms. That is not the case all diplomatically in the hope that these highlight today is lawyer Tang Jin- over the world. families can be reunited in the not-too- gling, who has also been disbarred for I wanted to take this opportunity in distant future. his rights advocacy. He first gained the midst of all of this debate and dis- I come here today to urge our now prominence as a lawyer working on cussion about an important topic, the new Secretary of State, Mr. Tillerson, cases related to village compensation, nomination before the Senate, to re- to prioritize the release of these men in corruption, and by representing activ- mind people that despite our dif- his diplomatic engagement with China. ists. In January of last year, he was ferences on these issues, we are truly In the coming weeks, I also expect that convicted of ‘‘inciting subversion of blessed to be able to live in a country we will have a chance to hear from the state power.’’ That is the charge, and where opposing the party in power does President’s nominee to be U.S. Ambas- he was sentenced to 5 years in prison. not mean you go to jail. sador to China, Governor Branstad of He was first detained in May 2014 on As I have been doing for some time Iowa. When he comes before the Senate suspicion of ‘‘picking quarrels and pro- now, I wanted to come this evening and Foreign Relations Committee for his voking troubles.’’ Just imagine that. highlight yet another example of confirmation hearing, I will bring up Picking quarrels and provoking trou- human rights abuses that is taking these cases and others and urge him to bles is a crime in China. This happened, place in a very important part of the make their freedom a priority of his by the way, during the lead up to the world. For the past couple of years, my work if confirmed. 21st anniversary of the Tiananmen office and I have been highlighting Jiang Tianyong is a 45-year-old law- Square protests, when the Chinese Gov- human rights cases through our social yer. He was disbarred by the Chinese ernment worked desperately to wipe media campaign. We call it hashtag Government because of his vigorous out any discussion or memory of this human rights advocacy, including his ‘‘Expression NOT Oppression.’’ historically brutal crackdown. In re- The goals of this are to raise aware- representation of blind legal advocate ality, all Tang and other activists did ness about these cases and the individ- Chen Guangcheng, fellow rights lawyer was participate in a nonviolent disobe- Gao Zhisheng, Falun Gong practi- uals who are suffering at the hands of dience movement seeking legal and so- tioners, and other human rights cases. these repressive governments. We know cial reform in China. Despite the risks of this work, he has that through history some of the op- Following his conviction, Tang elo- been steadfast in his support of the pressed people—we may not think quently wrote: families and of their right to lawyers these floor speeches matter; we may Inside the grand edifice of the court, we and legal advocates caught up in Chi- not think that mentioning it here in can see stately and ornate furnishings and na’s sweeping nationwide crackdown this forum matters, but it does to them decorations, and we can see the government on the legal community in July of 2015, employees in dignified attire. But we cannot because one of the first things oppres- which ensnared roughly 250 lawyers see the law and we can definitely not see jus- sors tell them is that the world has for- and advocates. tice. gotten about them, and they don’t Consistent with a spate of recent He continues, movingly, speaking of matter anymore. That is one of the media stories, Jiang’s wife indicated the faith that has sustained him in the first reasons we come: to raise aware- that his family and friends lost contact midst of injustice: ness and let them know we know their with him in late November of last year. The Holy Bible has a passage that reads: names, we know their story, and we That is when a Chinese state-con- ‘‘Blessed are those that are persecuted for will continue to speak out on their be- trolled newspaper reported he had been righteousness’ sake.’’ Today, we have been half. detained for a series of trumped-up pronounced guilty, thrown in prison, sepa- The second reason is to show their charges. rated from our families, and have endured families and their loved ones that His wife has received no formal con- humiliation and difficulties—and I am far elected officials—like me here in the firmation of his precise whereabouts, from being able to convince and prove to others how these tribulations could have be- United States—have not forgotten and, to date, he has been denied access them because we know that tyrants, as come my blessings. But God’s will is inevi- to a lawyer of his choosing. Even more tably difficult to understand. I often pray I said, like to tell political prisoners troubling is that this is entirely legal and ask him to give me more strength, so that they are alone in their struggle. under China’s laws, even though it vio- that I may persevere until the moment of The third reason is to call for action, lates all international norms of justice. revelation. I dare say, in 2011, while in a se- whether it is for the administration to Under China’s own laws, authorities cret jail, and now in detention, almost every make their causes a priority, too, or to may hold him, or anyone, for up to 6 day I have passed has been calm and ful- call on these governments to release months without informing his family filling. I have never lost my direction. these individuals. where he is held and without allowing The courage and conviction of these There is one more reason I think that him to access a lawyer, conditions that men should be an inspiration to us this effort, hashtag ‘‘Expression NOT the United Nations Committee Against all—an inspiration that should propel Oppression,’’ is important. As well as Torture has found place ‘‘detainees at a us to act. I would add a reminder again all the good work being done here on high-risk of torture.’’ Indeed, reports of how blessed and fortunate we are to both sides of the aisle in defense of over the past months about four other live by the grace of God in a nation human rights, promotion of democracy human rights lawyers provide detailed where we have the freedom to speak, to and the defense of God-given freedoms information about the Chinese authori- object, to state our views without fear like religious freedom and freedom of ties’ use of torture to extract ‘‘confes- of the circumstances and the con- the press and free speech, which we cel- sions’’ and impose unbearable psycho- sequences that these brave men now ebrate here even in this debate, have to logical pressure. face. The Chinese people who yearn for continue to be pillars of our foreign All of these realities underscore that the protection of their most basic policy. I hope that these cases we high- China remains a country of rule by human rights and bravely stand with light bring those guiding principles to law. Congressmen CHRIS SMITH of New their fellow marginalized countrymen light. Jersey and I cochair the Congressional- are China’s greatest asset—not its big- Today, I want to discuss the cases of Executive Commission on China, which gest threat, as the government of the two Chinese political prisoners whose found in our 2016 annual report that Communist Party wrongly believes. courageous wives I had the opportunity ‘‘the Chinese Communist Party has Any government which views its own to meet last week when they visited in continued to reject the notion that the people with such fear and hostility Washington, DC. These women person- rule of law should supercede the Par- will, as has often been said, find itself ally requested that I intervene on be- ty’s role in guiding the functions of the on the wrong side of history. half of their husbands, pressing on the State.’’ As such, lawyers, advocates, So I hope more of my colleagues in Chinese Government to uncondition- dissidents and others often find them- this body, in the House, and especially ally release them and, in the case of selves in the party’s crosshairs, per- in the administration will join their one, to account for his whereabouts. secuted under the law, rather than pro- voices in support of these political pris- Perhaps just as importantly, they tected by it, and they have no recourse oners and all who languish in jails, urged me that I press our own State of justice. prisons, and gulags simply because

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.053 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S719 they want a better life, because they even for for-profit charter schools. In pair of Ben’s chair, it was other stu- want a say in their future and have her testimony before the HELP Com- dents in our Career and Technical Edu- bravely made these aspirations clear. mittee, she declined to support enforc- cation Center in Exeter who came for- With that, I yield the floor. ing accountability requirements. It is ward and said: ‘‘We can fix that.’’ Their The PRESIDING OFFICER. The Sen- clear that Mrs. DeVos would pursue education preparing them for a trade ator from New Hampshire. policies that would undermine public and a career served Ben’s needs that CONGRATULATING THE NEW ENGLAND PATRIOTS schools in my home State of New day beautifully. Both Ben and his peers Ms. HASSAN. Mr. President, before Hampshire and across our Nation. learned that day. Ben’s experience in getting to the matter at hand, I In the past several weeks, thousands public education was made possible be- thought I would take a minute to con- of Granite Staters—including students, cause of so many advocates, educators, gratulate the New England Patriots, parents, teachers, principals, and su- and families who came before our fam- the Kraft family, Bill Belichick, Tom perintendents—have called and written ily. Brady, and all of the Patriots players into my office. They have shared their But this was not always the case for and fans everywhere for the greatest concerns about Mrs. DeVos. They un- students who experience disabilities. comeback victory in Super Bowl his- derstand that she is completely un- When I served in the New Hampshire tory. They really demonstrated the qualified for this position. Our chil- State Senate, I grew to know a woman grit and determination and resilience dren, their families, and our Nation de- named Roberta. Roberta, born in the that New Hampshire and New England serve better than a Secretary of Edu- early 1950’s, had spent a good portion of is known for, and we are very, very cation who does not value public edu- her life in our State’s school for indi- proud of them. cation. viduals with disabilities. Roberta left Mr. President, I rise today to join my Ensuring access to public education that State school as we began to work, colleagues in opposing the nomination for every student is an issue that is after the passage of the IDEA, to bring of Betsy DeVos to serve as the Sec- deeply personal to my family. Shortly people out of institutions and into the retary of Education. Our Nation recog- after my husband Tom and I welcomed communities. nized early in its history that public our first child into the world, our son Later, as Roberta learned to advo- education is a necessary foundation for Ben, we found out that he had severe cate for herself and tell her story, she our democracy. It is critical that we and pervasive physical disabilities. It recorded some of her memories from continue to support a strong public became clear to Tom and me that we the Laconia State School, the separate education system that prepares all of were going to need a little bit of extra school—so-called school—for students our young people to participate in our help if our son was going to have the with disabilities. Roberta wrote: democracy and to compete in the 21st kind of future we all want our children Some of the attendants and residents at century workforce. to have. the Laconia State School sexually, verbally, We were lucky because we found that emotionally and physically abused and as- All public officials, regardless of saulted me. The staff said they did this to their party affiliation, should share a help in our community—not only me because I misbehaved or acted silly. The reverence for the importance of public among friends and neighbors but in a attendants and residents there hit and education to our country’s success, public school system that welcomed kicked me with their hands and feet. They both now and into the future. They Ben. I still remember the day that a pulled my hair, whipped me with wooden or must show a commitment to enforcing schoolbus pulled into our driveway. We metal coat hangers, wet towels, hair brushes, our laws so that all students have the wheeled Ben onto the lift and up into mop and broom handles, hard leather belts, the bus, and off he went at age 3 to his straps, rulers and hard sticks, stainless steel opportunity to succeed. I agree with serving utensils and clothes. my colleagues that Mrs. DeVos has not first day of preschool—a publically Roberta adds: shown a commitment to or an under- funded, inclusive preschool. As I sat on the stoop and watched the bus pull Additionally, they bullied me by laughing standing of these principles, and that is at me and calling me names. They spat at why I oppose her nomination. away, I found myself thinking that if me, bit and pinched my arms and other body This nomination process has been ex- Ben had been born a generation or two parts causing me pain. The employees and tremely disappointing from the start. earlier, Tom and I would have been supervisors at the institution threw buckets Mrs. DeVos failed to provide critical pressured to put Ben in an institution. of cold water on my body, clothes and all. information on her finances. Members There wouldn’t have been the resources They said that the cold water would calm me of the HELP Committee were only in our community or in our school sys- down. given 5 minutes to question Mrs. DeVos tem to include Ben. Roberta’s experience was, unfortu- on her views on our Nation’s education But because of the work of the cham- nately, what life was like for some stu- system. pions—the families, the advocates— dents with disabilities before IDEA. In the questions she did answer be- who went before the Hassan family, Years later, after Roberta left Laconia fore the committee, Mrs. DeVos dem- Ben was able to go to school in his State School, after she was re- onstrated a complete lack of experi- hometown. He was able to learn and to integrated into her community, she ap- ence in, knowledge of, and support for make friends, to do what we all want peared before a State senate com- public education. She was unable to ad- our children to do. That is the power of mittee that I was chairing because she dress basic issues—issues any New public education. It is the power of was the main proponent of a law that Hampshire school board member could making sure that all kids are included. we passed in the New Hampshire State discuss fluently. Our family was able to live like any Senate to remove the word ‘‘retarded’’ She showed that she lacks an under- other family and feel like any other from all of our State statutes. Roberta standing of issues facing students with family because Ben could go to school knew that it was the judgment of peo- disabilities. She has potential conflicts in his hometown. As Ben went from ple who first interacted with her, peo- of interests that she still has not an- preschool to elementary school to mid- ple who believed she had intellectual swered basic questions about. She sup- dle school to high school, we found disabilities, that caused her parents to ports diverting taxpayer dollars to pri- that his peers accepted him, interacted believe that they had to put not only vate schools without accountability re- with him, and grew with him. I still re- Roberta but her sister Jocelyn in an in- quirements. member a day when I got a call from stitution. Both Roberta and Jocelyn As Governor of New Hampshire, I one of Ben’s teachers, saying that the happened to have the misfortune of supported public charter schools. They tire on his power wheelchair had gone being born with disabilities. play an important role in driving inno- flat. That is the type of call that a par- It is that contrast between Roberta’s vation in education and in providing ent of a child with complex needs experience and my son’s that keeps me additional opportunities for nontradi- dreads because it means that you have focused on the importance of making tional learners, but they must meet to stop everything—because if the sure that we include all children in our the same standards as other public wheelchair can’t move, your child can’t public school system but also that we schools. go through their day. have the laws in place to ensure that In Detroit, Mrs. DeVos led efforts to But instead of my needing to take a they get the free appropriate education oppose accountability requirements, day off from work and pursue the re- that all American children deserve.

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I visited their own future to a crowded, excited only did she decline to assure Senators numerous classrooms where students room of friends and family. that she would enforce the law to pro- were doing hands-on lessons in Earth That is another kind of public edu- tect students with disabilities, but she science, in literature to make sure cation that supplements our statewide was confused about whether IDEA was they could master the material before public education system and is some- indeed a Federal law to begin with. them in a way that would stick with thing we can work together to do, hold- While I am pleased that Mrs. DeVos them. ing all schools accountable. The vision later clarified that she is no longer They were great examples of what we that Mrs. DeVos, on the other hand, confused about whether IDEA is a Fed- have learned about the importance of outlined and has devoted much of her eral law, she has done nothing to reas- hands-on, project-based learning, how work to, would dismantle the progress sure me that she would enforce it or much better students retain informa- we have made, diverting taxpayer dol- that she understands how fragile the tion, knowledge, problem-solving lars to private, religious, and for-profit gains we have made under IDEA are. skills, when they actually have a prob- schools without accountability require- The voucher system that Mrs. DeVos lem to solve, and how important it is ments. supports has often, intended or not, for them to learn to collaborate with Mrs. DeVos advocates for a voucher hurt individuals who experience dis- their fellow students, just the way we system that leaves out students whose abilities. Children and families lose expect people to collaborate as a team families cannot afford to pay addi- legal protections enshrined in the in the workplace. tional tuition costs, and leaves behind IDEA. In some cases, students and After I visited the classes, the stu- students with disabilities because the their families have to sign away their dents at Souhegan had formed a panel schools do not accommodate their civil rights before they can receive to talk with me. There, students with a complex needs. In his book, ‘‘Our their vouchers. Yet many of the pri- variety of interests, backgrounds, and Kids,’’ Robert Putnam notes that edu- vate schools that take those vouch- education levels talked to about how cation should be a mechanism to level ers—the schools that Mrs. DeVos wish- important it was for them to have con- the playing field, but today the in- es to push students to—lack basic re- trol of their own learning, to learn in a equality gap is growing because afflu- sources or accommodations for chil- way, in a style that worked for them to ent students start better prepared and dren who experience disabilities. work with their peers and build off of are more able to pay. So if a family determines that the each other’s strengths and learn from Putnam also points out that daycare school that has accepted their voucher each other. and transportation needs constrain the I also talked with them about New really does not have the resources or amount of choice that poor parents Hampshire’s pilot, project-based com- the expertise to educate their child, have when it comes to voucher pro- petency assessment program called they have no legal recourse. Mrs. grams. We should all be working to fix PACE, something that New Hampshire DeVos’s unfamiliarity with IDEA, her that gap, but the voucher programs received waivers to do over the last comments on students with disabilities that Mrs. DeVos advocates for threaten year, and they are in the process of was something my office heard about to increase the gap. The system that continuing right now. New Hampshire often from Granite State parents who Mrs. DeVos advocated for in Detroit, is piloting a program that moves us MI, has undermined public schools and contacted the office with concerns away, just as was recommended and hurt students in the process. about her nomination. foreseen by the Every Child Succeeds In 2014, Michigan taxpayers spent $1 A mother from Hopkinton, NH, wrote Acts from high-stakes, one-time test- billion on charter schools, but laws to tell me about her daughter who at- ing to project-based assessments that regulating them are weak and the tends Hopkinton High School and expe- are built into the project-based com- State demands little accountability. riences severe disabilities—is non- petency learning they are doing. The Detroit Free Press reported on the verbal and requires assistance for all We are seeing great success with this Detroit school system, finding a sys- aspects of her daily care. pilot, and schools across the country tem where school founders and employ- This mother wrote: are beginning to adopt it as well. That ees steered lucrative deals to them- Despite all of this, because of the extraor- is the power of strong, innovative pub- selves or to other insiders, where dinary support we have received, she is liv- ing a rich and loving life at home and is part lic education. This was an approach de- schools were allowed to operate for of the public school system. I have no con- veloped by teachers and parents and years despite their poor academic fidence that Betsy DeVos would understand students and our Department of Edu- records. or support the role that public schools have cation and our statewide school board The Detroit Free Press described a for taking care of all students. as well as local school boards together. system with no State standards for This mother also called Mrs. DeVos’s Just as we have important initiatives those who operate charters and where a lack of understanding of IDEA ‘‘appall- surrounding project-based learning in record number of charter schools, run ing.’’ New Hampshire, we also have strong by for-profit companies, refuse to de- I also heard from a parent from Con- public charter schools. tail how exactly they are spending tax- cord, NH, who said: I still recall a visit to our North payer dollars. My stepdaughter currently has a 504 plan Country Charter School in one of the One Detroit mother said that Mrs. for both a physical and cognitive disability more rural parts of New Hampshire, a DeVos’s ‘‘push for charter schools at Concord High School, who, incidentally, school that was formed—a regional ef- without any accountability exposed my are doing an excellent job of working with fort—to allow students for whom tradi- children and their classmates to chaos her to make sure her learning needs are met. tional high school was not working, and unacceptable classroom condi- My children deserve a future and so do all whether it be because of their learning tions.’’ children. style, because of particular events that In Florida, the McKay Scholarship This parent said she was feeling ‘‘vul- were happening in their home, or other Program voucher for students with dis- nerable’’ as a result of Mrs. DeVos’s emotional or developmental issues. abilities that Mrs. DeVos has pointed nomination. Parents all across our Na- It allows them to come together and to also raises significant concerns, in- tion deserve to know that the rights of go to school in a way and in a place cluding no due process rights for stu- their children will be protected, and that works for them, keeping them in dents under IDEA, no accountability they are rightfully concerned with Mrs. school, helping New Hampshire meet requirements for participating schools, DeVos’s nomination. its goal set in law that no child drop and absolutely no evidence of student In New Hampshire, I am proud of our out of high school before age 18. success. work to build a future where every The strength of the students I saw at Additionally, the McKay voucher child can get the kind of education the Country Charter School graduation often does not cover the full cost of the

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Rather than taking the approach is committed to upholding that prin- damage not only to our public K–12 schools, we have in New Hampshire, where ciple, not rolling our progress back, of which I graduated from, but also to fed- charter schools supplement a strong and we should all be working together eral student aid programs, which allow many public education system, this system of to ensure that we have strong neigh- of my fellow students and I to attend our na- unaccountable schools destabilizes and borhood public schools, not disman- tion’s fantastic public universities. undermines public schools. tling them. A mother of three children in Fishers Now, given that Mrs. DeVos’s goals I join with my colleagues here today wrote: for K–12 education are what they are and the thousands from my State who I believe our democracy needs well-funded and the fact that we were only given 5 have made their voices heard. We need and accountable public schools for all. Mrs. minutes to question her at the hearing, just one more vote to defeat this nomi- DeVos demonstrates zero interest in sup- many key issues facing American stu- nation and to make clear that the Sen- porting strong public education. For the fu- dents were not discussed at all in her ture of our children, our democracy, and our ate truly values our Nation’s public standing in the global economic system, I confirmation hearing. In particular, we schools. did not talk about higher education. ask that you vote against Mrs. DeVos. I surely hope that there is another A soon-to-be college graduate who is When I was Governor of New Hamp- Senator willing to break with the shire, I was proud of our work to make pursuing a career in public education President and vote against this woe- wrote: college more affordable, building a 21st fully unqualified nominee. century workforce pipeline for our We all have learned in this wonderful I will be graduating from Indiana Wesleyan University in Marion. I have spent the past businesses. country of ours, with each generation, We froze tuition for the first time in semester student teaching at a local school as we include more and more people 25 years at our public university sys- district in Gas City, IN. tem, and we actually lowered it at our who have been marginalized, left out, One of the largest reasons that I wanted to community colleges. We engaged in in- who weren’t counted, that when we in- embrace a career in public education is to clude them, we certainly honor their push students to see their potential, just as creasing and more robust job training I had a teacher do the same for me. Teaching efforts, where we partnered businesses freedom and dignity—important and sufficient, of course, in its own right. is not simply facilitating learning, but rath- with community colleges or other er it is taking the time to fully invest in the learning centers to make sure we were Then when we do that, we also unleash students. Getting to know their students, lis- engaged in the kind of job training the talent and energy of everyone, and tening to what they have to say, and using that would prepare students for the that strengthens us all, helps us thrive, the resources presented to best prepare stu- 21st century economy. helps our economy grow, and makes dents to succeed. I was hoping that at our hearing for sure that America not only leads but I have been able to see this firsthand and Mrs. DeVos’s confirmation, we would deserves to. put this into practice as I have been in three discuss higher education, but issues re- It is our job in the Senate to listen to different school districts throughout my the thousands speaking up for our chil- time at Indiana Wesleyan University. . . . As lating to higher education have been a soon-to-be teacher in the state of Indiana, lost altogether in this discussion. What dren and for the public education sys- I ask you to consider voting no for the nomi- is clear, though, is that Mrs. DeVos has tem that serves all Americans. nation of Betsy DeVos for Secretary of Edu- absolutely no experience in higher edu- Mr. President, I suggest the absence cation. cation. Her written responses following of a quorum. I chose this path as it directly impacted our hearing were troubling. On student The PRESIDING OFFICER. The me, and I want to see students find success. debt, Pell grants, reauthorization of clerk will call the roll. With the right reform, we can see this hap- the Higher Education Act, and job The bill clerk proceeded to call the pen, but with the suggested reforms of Betsy training efforts, her responses were roll. DeVos, we will not be able to help students succeed. vague and offered no vision for issues Mr. DONNELLY. Mr. President, I ask that are critical to millions of Ameri- unanimous consent that the order for Here’s another story. This one is cans. When asked about for-profit colleges, the quorum call be rescinded. from Muncie. which have had a history of taking advan- The PRESIDING OFFICER (Mr. As a mother and public education advo- tage of students, including but not limited to DAINES). Without objection, it is so or- cate, I am writing to request that you vote our veterans, Mrs. DeVos said she was agnos- dered. no to the appointment of Betsy DeVos as tic—that is her word—about the tax filing Mr. DONNELLY. Mr. President, I rise Secretary of Education. As you are aware, there are many challenges facing education status of higher education institutions. That today to speak about the nominee for is just not acceptable. in the United States. . . . Ms. DeVos’ track Secretary of Education, Betsy DeVos. I record in the state of Michigan would be dev- I believe we should be expanding Pell am here not only to reiterate my con- grants. We should lower the interest astating to the country as a whole if she cerns about Mrs. DeVos but to share were to be given the position of Secretary of rates on student loans. We should be some of the letters and emails I have Education. For the sake of my children, expanding apprenticeship and job received from Hoosiers about her nomi- their dedicated teachers and children across training opportunities. We need to nation. the nation, I respectfully request your ‘‘no’’ crack down on predatory for-profit col- Every Hoosier and every American vote to her appointment. leges. deserves access to a quality education. A woman in Zionsville wrote as fol- We need an Education Secretary who It prepares our students to enter the lows: understands and is able to focus on workforce, to secure good-paying jobs, I feel that the DeVos agenda plans a dan- higher education, and it is clear that and to succeed. As I have said, after re- gerous voucher program that robs public Mrs. DeVos does not have that experi- schools of money and allows unprecedented ence or focus. viewing the record of Mrs. DeVos, I be- lieve she lacks the commitment to support of K–12 programs with opaque stand- Mr. President, our Founders under- ards, curriculum and accountability. In Indi- stood that public education for our public education needed to effectively ana we have struggled with the skills gap citizens was essential to the func- lead the Department of Education. I and graduating students that are prepared tioning of our democracy. In 1786, am deeply concerned that she will not for the available workforce positions. . . . I Thomas Jefferson wrote: focus on priorities important to Hoo- beg you to speak out against the appoint- ment of Ms. DeVos as Secretary of Edu- I think by far, the most important bill in sier families: expanding access to early cation. our whole code is that for the diffusion of childhood education, improving our knowledge among the people. No other sure public schools, and addressing increas- Hoosiers have the right to an edu- foundation can be devised for the preserva- ing student loan debt. cational system that strives for high tion of freedom, and happiness. Now I want to share some of the con- standards, transparency, and success, Generation after generation has cerns I have heard from people all and I do not believe the DeVos model worked to build on those ideals, includ- across Indiana about Betsy DeVos. will be able to deliver on any front.

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.057 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S722 CONGRESSIONAL RECORD — SENATE February 6, 2017 A retired special education teacher holding the promise that all kids deserve a tention on key educational issues, pro- who taught in Mishawaka for 24 years shot at success through education. hibiting discrimination, and ensuring wrote: These kids are our future, and we owe it to equal access to education. After consid- them to lead wisely. Unfortunately, Ms. ering that mission, I do not believe I implore you to vote ‘‘no’’ on the con- DeVos will not lead us to that future. firmation of Betsy DeVos as Secretary of Betsy DeVos should be the next Sec- Education. Her selection by Donald Trump A mom in Evansville wrote: retary of Education. was clearly an attempt to further dismantle I have one child in college and two others Surely we can agree that every child the public school system in the United in public elementary schools. My children in the United States should have access States. The poor, the disadvantaged, and the have received and are getting very good edu- to a first-rate education to ensure a disabled would suffer great educational set- cation in public school and are in advanced chance of a good job and good pay. I backs with her as Secretary of Education. classes. I am very concerned about the ap- know this from my own life experi- A woman in West Lafayette wrote: pointment of a woman who has been advo- cating against our public school system for ences and, in particular, the impact As a future special education teacher, I years. We must do better for our children. that a good teacher can have on a find it horrifying that [Ms. DeVos] seems to Please fight for our public schools and our young child. You see, my first grade be unaware of the IDEA Act, which protects children, and do everything in your power to teacher, Mrs. Frances Wilson, God rest the rights of millions of children with dis- keep Betsy DeVos from becoming our Sec- abilities. It is completely unacceptable that her soul, attended my law school grad- retary of Education. our country should have someone in charge uation. I would not be standing here of education who is unaware of this monu- This is just a small sampling of the were it not for the education I re- mental law. Education is so important for letters and emails I have received from ceived, and I know that to be true for the future of this country and everyone de- Hoosiers all over our State who are so many of our colleagues in the Sen- serves equal opportunity to get a good edu- deeply troubled and who are opposed to ate. cation. . . . This is why I ask you to please Betsy DeVos. They wrote to me not as After I reviewed Betsy DeVos’s nomi- vote no for DeVos. Republicans, Democrats, or Independ- nation, including her record and con- In a letter from Greenwood, a woman ents but as concerned Hoosiers, as firmation testimony, and after speak- wrote: moms and dads who love their kids. ing with teachers and students and par- As a mother of two children, one with se- They are worried about an issue we ents from across California, it is clear vere disabilities, please know I do not sup- should all be able to agree on: the im- she does not understand the impor- port Betsy DeVos as Secretary of Education. portance of ensuring our children have tance or the impact of a public school I can only hope that you will bear with me access to a quality education. teacher like Mrs. Frances Wilson. as I offer the story of my son below. While I said I would vote against Why? Well, first and foremost, our My son was born full-term and healthy. country needs a Secretary of Education From 18 hours until two weeks old, he fought Betsy DeVos’s nomination, I will con- for his life. At two weeks old, a heart defect tinue to fight for our public schools, who has demonstrated basic com- was discovered. Next was heart surgery, re- our teachers, and our students. I will petency when it comes to issues facing covery, and he was home at exactly one continue fighting for them because en- children. They just need to know what month old. Saying we were ill-prepared for suring our students have access to good they are talking about. When ques- the future would be an understatement, to schools and good teachers lays a foun- tioned in the hearing by my colleague say the least. dation for our students to reach their Senator FRANKEN, it was clear Mrs. We had no way of knowing the repair to his DeVos didn’t know the difference be- heart would not also repair all the damage to potential, and it is fundamental to their success and in turn our country’s tween two basic theories of testing: his brain and body. He was eventually gifted proficiency and growth. This, in fact, is multiple diagnoses: cerebral palsy, con- success. genital heart disease, significant mental and We love our schools, we love our kids, one of the biggest debates occurring in physical disabilities and severe GERD. To and all we want is the best for them the education community today, and match the diagnoses, he was also provided and an extraordinary education. That she was unaware of the significance of coordinating medical equipment: wheelchair, is why I will be voting against Betsy the nuances and the difference between communication device, standing equipment, DeVos for Secretary of Education. the two. As we know, proficiency es- a special seating device, feeding pump, and sentially asks whether a student has a leg braces. Mr. President, I yield the remainder of my postcloture debate time to Sen- basic competency or understanding of a Skip ahead to today and you’ll discover a subject; looking at a child and asking: 15-year-old doing his absolute best to find his ator SCHUMER. Is that third grader reading at third place in this quick-paced world. It took a The PRESIDING OFFICER. The Sen- grade reading level? long time, but over the past 3 to 4 years, he ator from New York may accept 18 Growth. It is a question of whether a mastered his communication device and has minutes. student is progressing from year to shown he is capable of learning and under- Mrs. MURRAY. Mr. President, I sug- standing. year or asking if a third grader who gest the absence of a quorum. While it took all this time for him to show started their year reading at first us, it took the relentless dedication of very The PRESIDING OFFICER. The grade level can now read at second special teachers to really make it happen. clerk will call the roll. grade level. Has there been progress? His teachers worked tirelessly to develop ex- The senior assistant legislative clerk This debate will define how we are tremely specific Individualized Education proceeded to call the roll. judging schools across the country, and Plans for him. I am certain without the Indi- Ms. HARRIS. Mr. President, I ask her lack of knowledge and fluency viduals with Disabilities Act and Free Ap- unanimous consent that the order for propriate Public Education, he would not demonstrates her complete lack of ex- the quorum call be rescinded. perience, understanding, and curiosity have achieved his current level of learning. I The PRESIDING OFFICER. Without also feel his teachers would not have been about one of the hottest issues in mod- able to get him to this level without the objection, it is so ordered. ern education. right educational tools in our public schools. Ms. HARRIS. Mr. President, I rise to Now let’s talk about guns in schools. I wanted you to feel my emotions and how speak about the nominee for the De- At first, she at best showed ambiva- difficult his life truly is. Please don’t make partment of Education, Betsy DeVos. I lence toward gun-free school zones, but his education any harder than it already has cannot vote for her confirmation. it gets better. She went on to say that been. The mission of the Department of she does not have any questions, and A former public schoolteacher in In- Education, as mentioned, ‘‘is to pro- that without any questions, she does dianapolis wrote: mote student achievement and prepa- not believe you need guns in schools. I watched all of Betsy DeVos’s Senate con- ration for global competitiveness by Then she went on to say, well, but we firmation hearing. As the minutes churned fostering educational excellence and need guns in schools, yes, because griz- by fear, fury, and grief built within me. I will ensuring equal access.’’ The Depart- zly bears may pose a significant threat not sit back and watch as a nominee for Sec- ment achieves this by establishing to the safety of our children and per- retary of Education prepares to take the policies on Federal financial aid for helm who does not commit to protecting haps their education. children in public schools. I hope you stand education and distributing as well as I say Ms. DeVos poses a far greater with me to firmly reject Betsy DeVos for monitoring those funds, collecting data threat to public education. Secretary of Education. We must commit on America’s schools and dissemi- Let’s talk about title IX. Another our care, our love, and our attention to up- nating research, focusing national at- moment in her hearing is when the

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For example, league ELIZABETH WARREN, who asked million in Pell grants for California women were not being admitted to the whether or how she would protect students could be lost, 43,000 or more University of Virginia. Even Luci against waste, fraud, and abuse at for- teacher positions in California could be Baines Johnson, the daughter of Presi- profit colleges. She asked this of the eliminated, and $8.96 billion in student dent Johnson, was barred admission to nominee, and it was troubling to see loans could be at risk for California’s Georgetown University after she got that the nominee was equivocal at college students. married because it was common per- best. The bottom line is this—fewer teach- ception at that point in time that if Now, let’s talk about the nominee’s ers, fewer resources for students and she was married, then that is what she record as it relates to the children of parents, and less aid to make college should pursue. She should pursue a ca- her home State of Michigan. Since the affordable. Maybe one school will cut reer in the home and could not be capa- growth of charter schools, Michigan their after-school program or stop ble of doing that as well as working has gone from performing higher than teaching the arts, or it doesn’t have a outside the home. Title IX is a law that average on the National Assessment of guidance counselor or decides they will guarantees women and girls the right Educational Progress in the year 2000 just let class size balloon because they to a safe education, free from discrimi- to below average by the year 2015. A don’t have enough teachers. We know nation. 2015 Federal review found an ‘‘unrea- that is not good enough for any of us. Let’s be clear how title IX helps sonably high’’ number of charters in There is a clear connection between today. It is title IX that required uni- Michigan which were among the bot- public education and public safety. versities to prioritize a safe environ- tom 5 percent of schools nationwide. When I was the district attorney of San ment for girls—safe from abuse and According to a report from Chalkbeat, Francisco, there was a rash of homi- sexual assault. We know this is a real an education publication, when the cides one year. All of us in a position of leadership were rightly concerned, and issue. In fact, the Department of Edu- Michigan legislature attempted to add we did the predictable and the right cation estimates that one in five oversight for both charter schools and thing: We figured out how to put more women has been sexually assaulted traditional public schools in Detroit, cops on the street, we looked at our during her college years. the nominee’s family opposed the As attorney general of California, I gang intervention strategies, and we measures and poured $1.45 million in was proud to bring together colleges figured out very predictable and good the legislature’s campaign coffers—an and local law enforcement agencies to ways of reacting to these crimes after average of $25,000 a day for 7 weeks. create protocols for investigating and they occurred. The oversight measures, she is happy prosecuting sexual assaults. It has But I asked a question. I asked a helped schools and law enforcement to say, never made their way into the member of my staff: Do an assessment implement changes to California law to legislation. We cannot have someone and tell me who are these homicide better protect survivors of sexual as- who wants to lead our highest Depart- victims? In particular, who are the sault. I championed new methods to ment of Education who does not sup- homicide victims under the age of 25? allow California to process rape kits port the importance of oversight, of The reason I asked that question is and clear a longstanding backlog of making sure that the children are get- pretty simple. There were just a lot of rape kits in the State crime labs. I ting the benefit of their bargain. them. Sure enough, the data came back According to data released from the fought to ensure that survivors have to me. It included the fact that, of the the support they need and that their Michigan Association of Public School homicide victims under the age of 25, 94 attackers face swift accountability and Academies in 2015, only 17 percent of percent were high school dropouts. consequences for their crimes. Detroit charter school students were Over the years, I have taken a closer There is no question that ending rated proficient in math, compared to look at this issue. I have learned that campus sexual assault should be a 13 percent of students in traditional 82 percent of the prisoners in the moral imperative for our country, and public schools. Even Eli Broad, a great United States are high school dropouts. it should be a priority for the next Sec- Californian and strong supporter of I have learned that an African Amer- retary of Education of the United dramatic education reforms, has ex- ican man who is a high school dropout States. For that reason, it is unfortu- pressed strong concerns about the between the age of 30 and 34 is two- nate—and, yes, troubling—that Mrs. nominee’s nomination. That should tell thirds as likely to be in jail, have been DeVos will not guarantee enforcement us all something. in jail, or dead. There is a direct con- of title IX. Now let’s talk about the impact on nection between what we do or do not Then let’s talk about the Individuals California. During the campaign, Presi- do in our public education systems and with Disabilities Education Act, or dent Trump said he would take $20 bil- the price we all pay in terms of our IDEA. I know my colleague Senator lion from existing Federal education public safety. I say to everyone con- HASSAN has spoken extensively about programs—which, by the way, is more cerned: There are good reasons to care this. This act has been around for dec- than half of the Department’s budget about the education of children. If ades—four decades, to be exact. Before for K–12 education—and instead put nothing else, be concerned about why it existed, we were not prioritizing that money into a voucher-like system. you have to have three padlocks on these children. We did not give them The President also committed to get- your front door. If we don’t educate our the services they needed. We had writ- ting rid of the Department of Edu- children in our public school system, ten off a whole population of our chil- cation in its entirety, which would put we all pay the price. dren. When asked by my colleague half a million teachers out of work. Mrs. DeVos’s agenda means fewer MAGGIE HASSAN about this piece of leg- The nominee has committed to work- teachers and resources and worse islation, the nominee showed a com- ing with him on these plans. schools. Fundamentally, her lack of plete lack of knowledge about how it is Let’s be clear. This plan would be understanding of the rights teachers implemented. That is simply unaccept- devastating for public schools, includ- have today, the rights parents have able. We cannot go back to a time ing the schools in California that serve today, and the rights students have when we wrote off a whole population over 6 million students. This also today mean one thing: She cannot— of people, and it cannot only be the means California students could lose and will not—uphold the law if she does parents of those children—but all of us, $2.3 billion in Federal education fund- not understand the law. Her testimony as the adults of a society and a coun- ing, which could end critical programs. has made clear that she does not un- try—who look out for our most vulner- For example, the Individuals with Dis- derstand IDEA, she does not under- able children. abilities Education Act serves thou- stand initiatives like gun-free zones in Then, let’s talk about for-profit col- sands of California’s disabled students schools, and she does not understand leges, which I know something about and serves them well. But his plan the history or the need for title IX.

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.060 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S724 CONGRESSIONAL RECORD — SENATE February 6, 2017 If Betsy DeVos gets her way and cuts mously. This committee has on it, Over time, as our Republic became funding for public schools, that means among other people, Senator BERNIE more and more democratic, as the fewer teachers. If she does what she did SANDERS from Vermont and Senator right to vote and lead was secured by in Michigan, that will mean poor out- RAND PAUL from the Commonwealth of African Americans and women, edu- comes with fewer high school grad- Kentucky. They seldom agree on any- cation became the fundamental means uates. What we know is that these are thing, but they agreed on that bill. We by which Americans sought to secure the kinds of policies that prevent us got it out of the committee almost their liberty and their equality. from actually achieving all that we unanimously, and then passed it on the Perfecting our Union by expanding know we can be as a country, which is floor of the Senate with over 80 votes. education has not come without strug- about paying attention to all the mem- It passed with a huge bipartisan vote in gle, but we have often succeeded be- bers of our society, and, in particular, the House of Representatives, and it cause we have recognized that sym- our children, and investing in them was signed by the President. It was 7 biotic relationship among the needs of with the education they so richly de- years too late, but we were able to do our country and the success of indi- serve so they can one day stand in this it in a bipartisan way—which is what vidual Americans and our aspiration to Chamber as a Member of the Senate, education issues should always require. move forward. This included the need doing the best of what we know we can It is a shame that tonight we are here for a universally literate workforce in do as a country. with a partisan divide because of the the 1830s and the creation of Horace Simply put, I will say this. It is clear selection President Trump has made to Mann’s Common School Movement; the from her testimony that Betsy DeVos lead the Department of Education. demand at the turn of the 20th century has not done her homework. She hasn’t So I just want to say thank you to replace out-of-date Latin schools done her homework in terms of pre- again to Senator MURRAY for her lead- with progressive high schools that pre- paring for the job, and she did not do ership. pared students for the emerging indus- her homework in terms of preparing for Since our first days before we found- trial workforce; the challenge of pro- her hearing. I say that right now the ed this country, education has been an viding World War II veterans with a ca- Senate must do our job, we must do our American value. In Massachusetts, reer path and the creation of the GI homework, and we must refuse to con- Pennsylvania, and elsewhere, colonists bill for college education; and the need firm her as the next Secretary of Edu- recognized their collective responsi- to tear down the barriers of Jim Crow cation. bility to educate their children. They school systems in the 1950s and 1960s. Mr. President, I yield the floor. wrote into law that children, both Too often, as a country, we con- Mr. BENNET. Mr. President, I sug- wealthy and poor, must be taught to fronted these challenges too late and at gest the absence of a quorum. read and write, and to learn a skill, the tragic expense of our fellow Ameri- The PRESIDING OFFICER. The like blacksmithing, weaving, or ship- can’s potential. ‘‘With all deliberate clerk will call the roll. building, to secure their economic speed’’ has proven not fast enough, es- The senior assistant legislative clerk independence. As democracy took root pecially for children living in places proceeded to call the roll. in early America, public education be- like the Mississippi Delta and South Mr. BENNET. Mr. President, I ask came not just an ideal but an impera- Central Los Angeles. unanimous consent that the order for tive. An enlightened public, the Found- At each of these turning points, we the quorum call be rescinded. ers believed, was essential to self-gov- have asked for more from our public The PRESIDING OFFICER. Without ernment. schools. To their credit, our edu- Thomas Jefferson wrote that we objection, it is so ordered. cators—teachers, specialists, and prin- must ‘‘educate and inform the whole Mr. BENNET. Mr. President, I wish cipals—have risen to the challenge, mass of the people. . . . They are the to begin by congratulating our new many times much sooner than the rest only sure reliance for the preservation Senator from California for her first of us. They have helped us build a na- speech in the Chamber. I know it is not of our liberty.’’ Benjamin Franklin believed: ‘‘The tion admired for our forward progress, her first official speech, but she is here for opportunity, and for equality. on this important night to talk about good education of Youth has been es- teemed by wise Men in all Ages, as the That is the American ideal from our the state of public education in this founding until today. I come to the country and this confirmation process. surest Foundation of the Happiness both of private Families and of Com- floor tonight with a sense of urgency So I thank her for her remarks. I also mon-wealths.’’ because our generation is at risk of want to thank the ranking member of With education, the common man being the first American generation to the Education Committee of the Sen- would be able to select leaders wisely leave less opportunity to our children ate, Senator MURRAY from Washington and fight back against the tyrannical than we inherited. If we do that, we State, who is here tonight as well. I instincts of those in power. He would will have broken a fundamental Amer- know she has been here all day today be able to understand, maintain, and ican promise to our children. and was here all day on Friday as well, protect his rights, so that government In our Nation, education is supposed because the set of issues we are dis- could not usurp authority and devolve to be at the heart of opportunity, but cussing are so important. into despotism. today our education system fails far As I sat here listening to the Senator In a country ‘‘in which the measures too many kids. Schools that once were from California, I was thinking about of Government receive their impres- engines of opportunity and democracy the work we have done recently on the sion so immediately from the sense of are now too often traps for intergener- committee on which we both serve— the Community as in ours,’’ George ational poverty. the Health, Education, Labor, and Pen- Washington explained, ‘‘knowledge . . . As a result, only 3 out of 10 children sions Committee—with the leadership is proportionally essential.’’ born to very low-income families in the of Chairman ALEXANDER, a Republican This set of beliefs represented a fun- United States will make it into the from Tennessee, and Ranking Member damental break from the aristocratic middle class or higher. Only 4 out of 100 Senator MURRAY, from Washington ways of the old world. A republic that will make it to the top 20 percent of in- State, to pass a new reauthorization of was ‘‘for the people’’ and ‘‘by the peo- come earners. Already, the United No Child Left Behind—a bill that if you ple’’ required an educated people. States has less social mobility than at said: Let’s have a rally on the steps of With this new world also came a new least 12 other developed countries— the Capitol to keep No Child Left Be- conviction that individuals could de- among them, Canada, Japan, and Ger- hind the same, not a single person in termine their own future, that their many. the United States would have shown up birth or circumstance no longer lim- In America, children growing up in for that rally. It took this body 7 ited their potential. This foundational poverty here hear 30 million fewer years—7 years after we were supposed idea grew to become the American words than their more affluent peers to reauthorize No Child Left Behind— dream: Every child, regardless of who by the time they reach kindergarten. to actually do the work. But when we her parents are or where she came In fourth grade, only one in four of our did the work, we were able to get it from, could achieve an education and students in poverty is proficient in through the committee once unani- grow up to achieve a better life. math, and fewer than that can read at

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.062 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S725 grade level. As few as 9 will receive a for innovation in school autonomy, and protections as the backbone of change. bachelor’s degree by age 25. we must also provide choice to parents We cannot have made the changes we As a nation, we are falling behind the and kids, but our goal is not, and did had it not been for the national de- rest of the world. When George Bush, should not be, school choice for mand for improvement in our schools— the son, became President in 2000, we choice’s sake. the civil rights impulse that underlies led the world in college graduates. For a youngster in a low-income fam- the Federal involvement in public edu- Today we are 16th in the world. Amer- ily, there is no difference between cation, as well as the courage of our ican 15-year-olds score lower than their being forced to attend a lousy school community to demand something bet- peers in 14 countries in reading, 36 and being given the chance to choose ter for our children. Denver has begun countries in math, and 18 in science. among five lousy schools. That is no to see the results of hard work. Much of the rest of the developed and choice at all. It is certainly not a Over the last decade, Denver Public developing world is figuring out how to meaningful one. The goal is, and must Schools students’ achievement growth produce more and more educated citi- be, to offer high-quality education at increased faster than the State’s in zens, while the United States is stand- every public school so parents can both math and English. This outcome ing still and therefore falling behind. choose among grade schools in their was achieved by students qualifying for We must refuse to accept outcomes neighborhood and throughout their cit- free and reduced-price lunch and also that are a tragedy for our children, a ies and towns. students not qualifying for free and re- threat to our economy, and an immeas- We must refuse to accept the false duced-price lunch. Latino and African- urable risk to our democracy. choice I have heard over and over again American students’ achievement in To make change, we need to stop during this confirmation process that English and math grew faster than treating America’s children as if they you either support school choice in their counterparts’ throughout the belong to someone else. To meet our whatever form or you defend the status State. children’s needs, we must invent a 21st quo, just as we must reject the idea Sixty-one percent more students century approach to education, a sys- that you cannot support public schools graduated in 2016 than in 2006. We have tem for the delivery of free, high-qual- and advocate for change. a long way to go, but I would suspect ity education built for the future, not This old rhetoric and manufactured that if we could say of every urban for the past. political division will not work for our school district in America that we are We must have the courage to shed old kids. We need to rise above the narrow, graduating 60 percent more students ways of thinking, abandon commit- small politics that consume our atten- this year than we were a decade ago, ments to outdated approaches, and ex- tion and permit and prevent us from we would be feeling a lot better about plore new ideas. This reenvisioned sys- making tough choices. Instead, we need where we are headed as a country. In tem must focus like a laser on what is to recognize that a 21st century edu- Denver, over that time, the overall best for kids, not what is convenient cation can and should look very dif- ontime graduation rate increased al- for adults. It must be comprehensive ferent than a 19th century education or most 30 points, and the ontime gradua- and integrated from early childhood to a 20th century education, and no mat- tion rate for Latino students has dou- postsecondary education. ter what approach or method of deliv- bled since 2007. A 21st century system of public edu- ery, it must be high quality. Since 2006, Denver Public Schools’ cation must set high expectations, de- The good news is, we know it is pos- enrollment has increased—many cities mand rigor, and create meaningful ac- sible to reverse course and create have lost enrollment—over 25 percent, countability. This system must em- meaningful change. Several cities making it the fastest growing urban brace different kinds of schools and around the country have already begun school district in America, partly be- create a culture that is focused on con- creating roadmaps to this 21st century cause Denver has grown but also be- tinuously learning from each other— approach. Denver is one of them. cause parents and kids and families among traditional, charter, and inno- In Denver, we made a deal—create a have now found schools that are re- vation schools, and across districts, public choice system that authorizes sponsive to their families’ needs and cities, and States. charters, creates innovation schools, supportive of their children. We need to change fundamentally and strengthens traditional schools. I am the first to say, and I always how we prepare, recruit, place, train, We empowered schools through auton- will be the first to say, that we still retain, and pay teachers and school omy and worked to create a culture of have a lot of work to do to make sure leaders. That entire system belongs to shared learning and innovation focused the ZIP Code Denver’s children are a labor market that discriminates on all ships rising. We demanded qual- born into doesn’t determine the edu- against women and said you have two ity, and we implemented strong ac- cation they receive. But cities like professional choices: one is being a countability. High-performing schools Denver are moving in the right direc- teacher and one is being a nurse. So were rewarded, replicated, and ex- tion. Now we need to move a nation in why don’t you come teach Julius Cae- panded. Low-performing schools had to the right direction. sar every year for 30 years of your life be improved or be shut down. Tonight, as we stand here in this in the Denver Public Schools, where we We made tough decisions. We closed marbled Chamber among these statues are going to pay you a wage far lower schools. I sat in living rooms, class- that tie us to our past, I am thinking than anybody else in your college class rooms, and gymnasiums with parents of our future. I am thinking of the mil- would accept. urging them to demand more from the lions of poor children across time zones Those days are gone. We had dis- school district, even if it meant that our Founders could not have imagined, crimination in the labor market that their child had to go to a different heading home after a long day at actually subsidized our school system school. Along with concerned citizens, school, shifting their backpacks of because very often the brightest stu- teachers, and principals, I went door- books to find a comfortable spot, dents in their class—very often to-door to enroll kids in new schools. sharpening pencils for math and pas- women—had no other career options Denver created innovative teacher tels for art, clearing a space on a busy and therefore were willing to teach. and school leadership policies. We tried dinner table for homework. I am think- That whole system needs to be trans- to rethink the tired model of the last ing about children teaching other chil- formed in the 21st century. We have 1.5 century and create a new career for dren, older brothers and sisters teach- million new teachers whom we have to this one. That is why today in Denver ing their younger siblings, expecting hire over the next 6 to 8 years in this you will find teachers teaching other that they will have more opportunity country, and we have no theory about teachers and being paid for it, knowing than their parents. I am remembering how to hire them or how to keep them. that their job is not only to educate the naturalization ceremony I attended Fifty percent of the people are leaving their students but also to improve the just last Friday at Dunn Elementary the profession now in the first 5 years. honorable craft of teaching so our kids School in Fort Collins, CO, where Kara This new system of public education can achieve even more. Roth’s fifth grade class welcomed 26 should embrace technology and person- We used the levers of Federal law, new Americans from 13 countries to alized learning. We must create space strong accountability, and civil rights the United States. I am thinking about

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.064 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S726 CONGRESSIONAL RECORD — SENATE February 6, 2017 teachers and principals and students— standing and appreciation of the chal- problem—one that I expect any incom- while we are here speaking—who are up lenges we face and the depths of solu- ing Secretary of Education to be in- tonight, planning for tomorrow, and tions they demand. formed about, to be concerned about, hoping for a future that allows them to A commitment to choice without a and committed unequivocally to con- review at home before they teach to- commitment to quality serves ideology fronting head-on. morrow the best lessons for teaching rather than improvement, and a com- Much of the discussion so far has the productive and destructive forces mitment to competition without a been about the commitment of a Sec- of volcanoes, what Scout learns in ‘‘To commitment to equity would forsake retary of Education to our K–12 sys- Kill a Mockingbird,’’ or the mathe- our democratic ideal that a free, high tem. Serious concerns have been matical reasoning that calls on us to quality public education must open the raised, but it is important to know in invert the second fraction when we di- doors of opportunity for all. For the this debate that the Secretary of Edu- vide. I am imagining a country that first generation of students to whom cation also has responsibility over our fulfills our generational responsibility that promise feels elusive, they deserve higher education institutions. by providing quality early childhood an Education Secretary who has the In our hearing, Betsy DeVos actually education to every American family courage, competence, and commitment agreed with me that President Trump’s who wants it—a K–12 school for every to orient our mighty education system horrifically offensive leaked comments child to which every Senator would be to build opportunity for all. Mrs. from 2005 describe sexual assault. She proud to send his or her child or grand- DeVos shows none of those skills, and was clear. But I was deeply dis- child and access to college and skills our young people cannot afford to wait appointed, to say the least, in Mrs. training that prepare students for eco- 4 years for their chance at the Amer- DeVos’s responses to simple questions nomic success without shackling them ican dream. about whether she would seek to con- to a lifetime of debt. Millions of Americans recognize this, tinue the Obama administration’s work All of that leads me to comment which is why this nomination has gen- to protect students and stand with sur- briefly on President Trump’s nomina- erated more controversy than any vivors. When she was asked whether tion for Education Secretary. I have no other. I look forward to working with she would uphold the guidance issued doubt that Mrs. DeVos sincerely cares anyone—as I have over the years, in- under the Obama administration to about children. It is not her fault that cluding even Mrs. DeVos—anyone in- hold schools accountable for stronger, President Trump nominated her. So let terested in improving our children’s more effective investigations of sexual me be clear that I am addressing the opportunities and taking seriously the assault, she wouldn’t commit to that. President and not Mrs. DeVos when I future of our democracy. But I will not She would not commit to that. When I say that this nomination is an insult to support her nomination. I will vote no asked her whether she would continue school children and their families, to on this nomination and urge my col- key transparency measures, like week- teachers and principals, and to commu- leagues to do the same. ly public reports on active investiga- nities fighting to improve their public Mr. President, I yield the floor. tions into potentially mishandled sex- schools all across this country. I suggest the absence of a quorum. ual assault cases, she dodged the ques- Even with the limited questioning al- The PRESIDING OFFICER. The tion. lowed at the education committee clerk will call the roll. These answers are especially con- hearing, it quickly became clear that The bill clerk proceeded to call the cerning given that Mrs. DeVos has Mrs. DeVos lacks the experience and roll. gone so far as to donate to an organiza- the understanding to be an effective Mrs. MURRAY. Mr. President, I ask tion dedicated to rolling back efforts Secretary of Education. The bipartisan unanimous consent that the order for to better support survivors and in- progress of American education the quorum call be rescinded. crease accountability. Let me tell you achieved over the last 15 years was The PRESIDING OFFICER. Without that again. Mrs. DeVos has gone so far predicated on a deep commitment to objection, it is so ordered. as to donate to an organization dedi- three principles: transparency, ac- Mrs. MURRAY. Mr. President, over cated to rolling back efforts to better countability and equity. the course of this debate, over the last support survivors and increased ac- Mrs. DeVos’s testimony and public 9 hours, plus 6 hours on Friday of the 30 countability. record failed to establish her commit- hours that we have on this, many Sen- Let’s be clear. The epidemic of sexual ment or competence to protect any of ators have come to the floor to talk assaults on our college campuses these foundational principles. Her ‘‘let about their concerns about the nomi- means that in States across the coun- a thousand flowers bloom’’ approach nation of Betsy DeVos to be Secretary try, students’ basic human rights are asks American school children to take of Education. being violated. I am deeply proud to a huge step backward to a world with- There are open questions about her see the work that has been done on this out the high expectations and trans- extensive financial entanglements. issue over the last few years. Survivors parency that we need to give parents There are open questions and a clear have bravely stepped up to make clear and taxpayers the information they de- concern about her lack of under- they expect far better from their serve on how our schools are per- standing of basic education issues. We schools and their communities. By forming. Those high expectations, have heard that time and again, as well speaking out, by being courageous and paired with the clear commitment to as the many ways in which her vision speaking out, they have shown other accountability, ensure that our suc- for our education system is really at survivors they are not alone. cessful schools should be replicated and odds with where families and commu- Key university leaders have made our struggling schools should be held nities nationwide want us to go. fighting campus sexual assault a top accountable for improvement, regard- But let me take just a moment to priority by developing new partner- less of whether it is a choice school or focus on one major concern in par- ships in their communities and a district school. ticular. It is a public health threat prioritizing prevention. New measures Finally, we know that the Secretary that I know is deeply concerning for to increase transparency and aware- of Education holds the sacred job of en- families and communities across this ness went into effect in 2013 thanks to suring that every child in America gets country, and that is the epidemic of the reauthorization of the Violence the resources and the support they de- sexual violence on our college cam- Against Women Act. These are hard- serve, regardless of their income, back- puses. One out of five women and 1 out won steps forward on an issue where ground, or educational needs. This of 71 men are sexually assaulted while some Democrats and Republicans have commitment to equity is at the core of in college. In 2013 alone, college cam- finally been able to find common the Elementary and Secondary Edu- puses reported 5,000 forcible sex of- ground. cation Act. Mrs. DeVos has shown no fenses, and a recent study indicated There is much more to do. The next evidence of her commitment to be the that number could be much greater. Department of Education should not be torch bearer for both excellence and There should be no question that sex- standing on the sidelines, much less equity. Her ideology and dogmatic ap- ual violence on our campuses is a taking us backward on an issue that is proach communicates a lack of under- great, widespread, and unacceptable so critical to student safety on campus.

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.066 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S727 So I hope that as my colleagues are was a disaster. It was so clear to mil- raises questions about the company in listening to the debate here today, to- lions of families how little she really which she plans to remain invested. night, and tomorrow, that they con- understood about education issues. She still, by the way, has not fully an- sider what Mrs. DeVos’s leadership at I have to tell you, as a former pre- swered my questions about her com- the Department of Education means on school teacher myself and a former mittee paperwork. this issue, the issue of making sure school board member, someone who got As I told the Republican chairman at men and women on our college cam- my start in politics fighting for strong our markup, the process that has taken puses can go there to learn and not be public schools, as a Senator committed place on Mrs. DeVos’s nomination is a worried about being a victim of sexual to standing strong for public education massive break in the tradition of this assault and having nowhere to turn and in America, as a mother and a grand- body. We should not have had a vote in not have the confidence that their mother who really cares deeply about this committee until all Senators had voices will be taken seriously. the future of our students and our received appropriate responses to rea- On another area, nominees for Sec- schools, I know that we can and we sonable questions and until a second retary of Education have largely been must do better for our children and our hearing was held so that Senators people, over the past, who were very students and our parents and our could get these serious concerns ad- committed to our students, who had teachers. dressed and do their job scrutinizing long careers dedicated to education, The decision we are making here on the nominee. and who were focused on keeping pub- whether to confirm Betsy DeVos for Understand, we had a hearing. We lic education strong for all of our stu- Education Secretary will help set the were limited to 5 minutes each. And we did not have all of the paperwork, so dents and for all of our communities. course for our public education system Public education is a core principle for years to come. So I hope, again, we could not do our homework to make that our country was founded on, that that our colleagues are listening to sure we were asking the questions we no matter who you are, where you this debate and thinking about it and needed that needed to have a public de- come from, or how much money you not just voting rotely on this. This is bate. So, again, that is another reason I am deeply concerned about this nomi- have, this country is going to make so important. sure all young people get an education. Quite frankly, I am disappointed that nee. We do not yet know whether there are conflicts of interest. That is how our country has been our Republican colleagues have moved For a Secretary of Education who us so fast into this debate. I have been strong in the past. That is how our wields tremendous power over our K–12 in the Senate a long time. I know what country has to be in the future. Free system and our higher education sys- the usual practices are when we go public education. tem—as we all know, there have been Well, Betsy DeVos is a very different through hearings and listen to nomi- tremendous questions over the past nominee. She has spent her career and nees from Presidents who are Repub- decade about access to higher edu- her fortune rigging the system to pri- lican and Democrat, Republican ma- cation; whether you go to college and vatize and defund public education, jorities and Democratic majorities. I get the degree you have been promised; which will hurt students in commu- was here when the Senate was 50–50. whether institutes have been respon- nities across our country. She is not There are practices we have to make sible and accountable; and how we as personally connected to public school— sure that all Senators get the informa- the Senate and House can come to- except, by the way, through her work tion they need so they can make a wise gether to make sure that when a stu- over the years trying to tear them decision with their vote for which they dent takes out a student loan or in- down. She has committed herself for will be held accountable. vests in a higher education institution, decades to an extreme ideological goal Quite frankly, the usual practices they know they are getting their mon- to push students out of our public here were really being ignored. The ey’s worth and if there are taxpayer schools and weaken public education. right thing to do was being ignored. dollars involved, that the taxpayers are I can talk at length about Betsy This nominee was jammed through like getting their money’s worth as well. So DeVos’s record of failure and her dev- I have seen none other. Corners were conflicts of interest are extremely im- astating impact on students, but all being cut. The minority was being portant to this nominee. To this point people really need to do is watch her brushed aside. I really think that is right now, here we are voting tomor- hearing in our Health, Education, wrong. row, and we don’t have the answers to Labor, and Pensions Committee. Just Earlier this month, Republicans on those questions. go back and watch the hearing. This the Health, Education, Labor, and Pen- So these are just a few things. I have was a hearing that people across the sions Committee scheduled Mrs. been out here on the floor to talk country heard about—and for good rea- DeVos’s hearing even though she had about them. We have heard from many son—from local newspapers, to local not yet finished her standard ethics pa- of our other colleagues. It is no sur- news, to ‘‘The Daily Show,’’ to ‘‘The perwork and even though she had not prise to me that this has lit a firestorm View,’’ and posts that went viral on so- and still, by the way, has not answered across the country. Having a Secretary cial media. A lot of people in our coun- my questions about her financial dis- of Education, someone who is respon- try heard Betsy DeVos for the first closures to our committee. In fact, sible for our children’s education— time in that hearing. They were not when we started the hearing, the Re- schools are the center of our commu- impressed. publican chairman, the senior Senator nity. Community members own those She refused to rule out slashing in- from Tennessee, whom I have worked schools in their minds. This is where vestments in our public schools. She with greatly—we worked together to they send their kids to school, where was confused that Federal law provides pass the replacement of No Child Left they have basketball games, music protections for students with disabil- Behind. I have a tremendous amount of concerts. It is where the community ities. She did not understand the basic respect for him. But I was shocked and comes together. Yes, we all complain issues in education policy or the debate surprised when he preemptively de- about public education. Who hasn’t? surrounding whether students should clared that he would be limiting ques- But at the end of day, we love our local be measured based on their proficiency tions for each Senator to just 5 min- schools, and we want them to know or their growth. She argued, as we have utes—a shocking and disappointing that the Secretary of Education—the all heard, that guns needed to be al- breach of committee tradition, clearly highest person in the land to oversee lowed in schools across the country to intended to limit public scrutiny. them—has that love, too, and is there ‘‘protect from grizzlies.’’ Even though Mrs. DeVos is a billionaire. She has because they want to make them bet- she was willing to say that President extraordinarily complicated and ter, not because they want to tear Trumps’s behavior toward women opaque finances, both in her own hold- them down. should be considered sexual assault, as ings and those in her immediate fam- So, yes, this nominee has taken off I just talked about, she would not com- ily. We know that she has invested in like no other because of her hearing, mit to actually enforcing Federal law education companies, for-profit compa- because of her conflicts, because she protecting women and girls in our nies, for decades. Over 100 conflicts has attacked and gone after basic pub- schools. Her hearing, quite frankly, were identified. Her ethics paperwork lic education, which so many people

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I want and is reading and writing sentences many people in this country who un- to share some stories from my con- all because of her local public school. derstand, as so many of us do, that stituents who have reached out and My constituent in Auburn said that public education and the right to an urged me to vote against Betsy DeVos money and ZIP Code should not deter- education, free—free education is crit- because they know better than any- mine who gets a better education, and ical and fundamental and a core philos- body why their school is so important she said that Betsy DeVos’s worrisome ophy of this country that all of us want to them, why their teachers are so im- policies would make that the case. She to be successful and want to be great portant to them, why their children’s is strongly urging me to reject a nomi- again. public education is so important to nee who doesn’t look out for those who To have a Secretary of Education them. are the most in need. who doesn’t agree with that, who in One of the major concerns I have con- A man in Kelso wrote in, saying that fact promotes the exact opposite, who tinued to hear from my constituents the public school system is what en- has said that our public education sys- about is her disconnect from the work- sures we all get a good education. It is tem is a dead end, who has proposed, ing class. what gives so many parents hope that promoted, and paid for campaigns to A woman from Marysville, WA, said: their child can have an even better life take public tax dollars to send to pri- Betsy DeVos, a billionaire herself, does than they had, that public education is vate, for-profit schools, that is not not represent the working class and a great equalizer for everyone to have what our country was built on. It is not certainly not her family experience a chance to succeed, and I couldn’t the foundation that our forefathers put with public education. agree more. out in front of us. Betsy DeVos never attended public Those are just a few of the letters I They said: We are going to build a school or even sent her own children to have gotten from people who are wor- system unlike any other, where no public school. ried that the nominee’s push for taking matter who you are or where you come In Olympia in my State, an employee public tax dollars and using them for from or how much money you have or at a high-poverty public school says private schools and for-profit schools what you look like, in this country, we she works with some of the most in- only, robbing our public schools of the are going to make sure you get an edu- need children in the area. She is very resources they need, will not be the cation, a free education, paid for by all of us, to go to school in your commu- concerned that Betsy DeVos’s push to- right choice for public education. ward a privatized public school system I wanted to share a few other letters nity and to be who you want to be. would only benefit those in wealthy from my constituents who wrote to me That is a dream of this country, and we communities and leave her most vul- regarding Betsy DeVos’s nomination. will not stand by and give our votes to a Secretary of Education who does not nerable students behind. She believes One of them was from Seattle. She em- share that philosophy. Betsy DeVos would absolutely not look phasized how important it is that our That is why there is a firestorm. out for their best interests. Secretary of Education be dedicated to That is why parents and teachers and In our rural communities, there is no providing a quality education to all students and grandparents and commu- private school to get that voucher and students and to strengthening our pub- nity leaders and superintendents from send your kids to. The policies she is lic education institutions. She strongly across the country are writing us and pushing only mean that those schools believes that Betsy DeVos will not be asking us to vote no. It is not too late. will have taxpayer dollars taken away that kind of Secretary. If we have one more Republican who from them to send to other kids with A retired teacher in Federal Way votes no, then we will be able to say to vouchers to go to private schools, who asked me to work as hard as I can to the President: Mr. President, we reject live nearby or have the additional re- protect public education because she this nominee, and we ask that you send sources to use those vouchers to go to believes every child’s right to a free us one who will work with all of us to school. and quality public education is at risk make sure our public education system A teacher in Seattle wrote to me with Betsy DeVos’s nomination. is a core principle of this country, is with a story that I can’t get out of my Many constituents expressed their valued by this country, and is pursued head. It really inspires me to keep disbelief that the nominee for Sec- by the top person in the Department of going in this fight. This teacher serves retary of Education has absolutely no Education, our Secretary of Education. preschoolers with special needs who experience in public education. Her face a number of challenges. She teach- It is not too late. children never even attended a public With that, I have many more letters es at a title I school, where most fami- school. that I will be reading later. I know lies are low income, and many of them One, a teacher in Bellingham, is fear- some of our other colleagues will be are immigrants and non-native English ful of an Education Secretary who over here. Again, I ask everyone to speakers. doesn’t truly understand what the stop and think. This is a critical nomi- She believes that her children de- needs of kids look like today. She nation. It has hit a chord in our coun- serve access to the best educators out asked how someone with no experience try because people do care. They want there and that if DeVos’s agenda was can be expected to lead our country’s our country to be strong. They want put in place—a system of privatized education system. this country to be great, and they public education—her students would A woman in Puyallup wrote to me, know our public education system is an be failed, because without strong pub- saying that education is the greatest lic schools, we would fail students who absolutely critical part of that. gift we can give to our children, and Mr. President, I yield the floor. are low income or living with disabil- she thinks that confirming Betsy I suggest the absence of a quorum. ities or impacted by trauma or who be- DeVos, with her plans to weaken public The PRESIDING OFFICER (Mr. long to racial or ethnic minorities. She education, will rob so many children of GARDNER). The clerk will call the roll. says Betsy DeVos does not have her that gift. The legislative clerk proceeded to students’ best interests in mind, and Mr. President, those are just a few of call the roll. her students deserve the best, as I be- the letters I am getting. There are Mr. FRANKEN. Mr. President, I ask lieve all of our students do, no matter many more, and later this evening, I unanimous consent that the order for their financial status, their race, their will be reading from some of those let- the quorum call be rescinded. religion, or any other difference they ters because they tell the story better The PRESIDING OFFICER (Mr. might have from their peers. than I do. ROUNDS). Without objection, it is so or- A mother in North Bend wrote to me I know some of our colleagues are dered. expressing her worry that vouchers wondering why this woman set off such Mr. FRANKEN. I thank the Presiding only benefit the wealthy, leaving the a firestorm when her nomination came Officer.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.068 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S729 Mr. President, I rise this evening in works. In reality, most school vouchers beginning with public education. She opposition to the nomination of Betsy don’t cover the whole cost of private and her family have devoted millions DeVos to be our next Secretary of Edu- school tuition, nor do they cover addi- to promote the institute’s work, in- cation. This is one of the most impor- tional expenses like transportation, cluding promoting ideas like this: tant jobs in our government. The De- school uniforms, and other supplies, We must use the doctrine of religious lib- partment of Education bears responsi- which means the vouchers don’t create erty to gain independence for Christian bility for making sure that every child more choices for low-income families; schools until we train up a generation of peo- in America has the opportunity to ful- they simply subsidize existing choices ple who know there is no religious neu- trality, no neutral law, no neutral education, fill his or her potential, which means for families who could already afford to and no neutral civil government. Then they that the Secretary of Education has an pay for private school. will get busy in constructing a Bible-based enormous amount of power to shape As it happens, we have a real-life test social, political, and religious order which fi- our Nation’s future. This is not a job case that we can look at to determine nally denies the religious liberty of the en- for amateurs. whether Mrs. DeVos’s argument holds emies of God. President Obama’s first Secretary of water. Mrs. DeVos heads up a voucher Those are the words of Gary North, a Education was Arne Duncan, who had program in the State of Indiana, and Christian Dominionist for whom the spent 71⁄2 years building a record of ac- guess what happened. Today, more Acton Institute serves as a forum. complishment as CEO of Chicago’s pub- than half of the students in the Hoosier Of course, not everyone who believes lic school system, previous to which he State who received vouchers never ac- in the potential of parochial schools had been director of a mentoring pro- tually attended Indiana public schools shares his view, but this is the kind of gram and the founder of a charter in the first place, which means that stuff Mrs. DeVos and her family have school. their families were already in a posi- spent millions and millions of dollars When Secretary Duncan stepped tion to pay for private school. Indeed, promoting. It is fine for someone to down, he was replaced by Dr. John vouchers are going to families earning hold strong religious views and to ad- King, Jr., the recipient of a doctorate as much as $150,000 a year. vocate for those views and to spend in education administrative practice. I am sure these families appreciated their family fortune encouraging oth- He had served as Deputy Secretary the extra help, but as of 2015, nearly ers to adopt, but it is entirely fair to under Arne Duncan and was previously half of Indiana’s children relied on free ask whether the mission of building a the education commissioner for the and reduced-price lunch programs. Bible-based social, political, and reli- State of New York. Each brought to These are the kids Mrs. DeVos claims gious order is compatible with the mis- the job a background in public edu- would be helped by school vouchers; in- sion of the Department of Education. cation that informed their under- stead, taxpayer dollars were taken So, yes, based on Mrs. DeVos’s radical standing of what students, parents, away from public schools that remain ideology, I was skeptical when her nomination was sent to the Senate, but teachers, and administrators need in the only choice for these low-income I understand that others in this body order to succeed, which brings me to families and given to families who may not have shared my discomfort. Betsy DeVos. could already afford private school, Within this Chamber we have impor- There are reasons to be skeptical who were already sending their kids to tant differences when it comes to edu- about Mrs. DeVos’s nomination right private school. That is the reality of cation policy and, for that matter, the off the bat. As my Republican col- school vouchers. appropriateness of using taxpayer league, Senator COLLINS of Maine, put That is why after Mrs. DeVos devel- funds to advance God’s Kingdom. And it: ‘‘The mission of the Department of oped a similar proposal for a voucher do you know what? That is fine. But we Education is broad, but supporting program in Pennsylvania and an anal- all have the exact same responsibility public education is at its core.’’ ysis projected that, just like in Indi- when it comes to vetting the Presi- Well, in Mrs. DeVos, President ana, the vouchers would mostly benefit dent’s Cabinet nominees. Trump sent us a nominee with no expe- kids already enrolled in private Each of us is called upon to deter- rience in public education. Mrs. DeVos schools, voters rejected it on multiple mine not just whether we agree with has never been a public school super- occasions. Yet Mrs. DeVos and her fam- the nominee’s ideology but whether intendent or a public school principal ily continued their fight for school that nominee is free from relevant con- or a public schoolteacher. She has vouchers. In fact, she has been such a flicts of interest and, critically, wheth- never attended a public school. She has fervent advocate that her political ac- er the nominee is competent, whether never sent a child to a public school. tion committee, ‘‘All Children Mat- he or she is capable of doing the job. Mrs. DeVos has no formal background ter,’’ received the largest fine for vio- Making that call is our job, and that is in education, no classroom experience, lating election law in Ohio’s State his- why we have the process that we have. and no demonstrated commitment to tory—a $5.3 million fine that nearly a It is why we ask to see the nominee’s supporting public education whatso- decade later she still hasn’t paid. financial information. It is why we ask ever. Why do this? The evidence is clear them to submit written answers to In fact, Mrs. DeVos has a long his- that Mrs. DeVos’s voucher obsession questionnaires about their experience tory of actively undermining public doesn’t help low-income families. Quite and their record. And it is why we have education. She and her family have to the contrary, it represents a serious them come to the Senate to sit in front spent millions of dollars advocating for threat to the public school system—a of committees and to answer our ques- an ideology that would steal funds system that as many as 90 percent of tions. from public schools in order to fund the children rely on—but Mrs. DeVos Unfortunately, during her hearing, private and religious education. Let’s describes as ‘‘a dead end.’’ Mrs. DeVos proved beyond a shadow of take a moment to talk about what that The truth is that Mrs. DeVos’s edu- a doubt not only that her ideology is means. cation advocacy isn’t really about edu- fundamentally incompatible with the Mrs. DeVos ran a political action cation at all. She describes her goal as mission of the Department of Edu- committee called ‘‘All Children Mat- follows: to advance God’s kingdom. cation but that she is fundamentally ter,’’ which spent millions in campaign Now many families choose to send incompetent to be its leader. Through- contributions to promote the use of their children to religious schools, and out the hearing, she was unable to an- taxpayer dollars for school vouchers. many children receive an excellent swer basic questions about her views The argument was that these vouchers education at religious schools, but it is on important issues, she was unfa- would allow low-income students to the public school system that the Sec- miliar with basic concepts of education leave the public school system and at- retary of Education is supposed to policy, and she was unwilling to make tend the private or religious school of focus on, and that is not the part that basic commitments to continue the De- their family’s choice. Mrs. DeVos has Mrs. DeVos and her family have put at partment’s work on behalf of our most described this as ‘‘school choice,’’ the forefront of her advocacy. vulnerable children. claiming that it would give parents a Mrs. DeVos spent a decade serving on Let me give you one example of what chance to choose the best school for the board of the Acton Institute, which I mean. During my 5 minutes of ques- their children, but that is not how it seeks to infuse religion in public life, tioning, I asked Mrs. DeVos to weigh in

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In fact, I believe it may have just how central it is to the future of I can’t overstate how central this been one of the most embarrassing per- education policy. The difference be- issue is to education, and I can’t tell formances by a nominee in the history tween the two approaches, proficiency my colleagues how important it is to of the Senate. and growth, is very easy to explain. educators across America. If you talk Asked about the right of children Let’s say a fifth grade teacher has a to any State education secretary, any with disabilities to get a quality public student who comes into the classroom district superintendent, any local education, she didn’t know that this reading at a second grade level. Over school board member, any principal, right is protected by a Federal law— the course of the school year, the any classroom teacher—and, heck, par- the Individuals with Disabilities Edu- teacher brings the student up to a ents—they will have an opinion on cation Act. Asked about guns in fourth grade level. If we are measuring measuring growth versus measuring schools, she suggested that maybe guns growth, we would say: Well, that teach- proficiency. should be kept on hand in case grizzly er brought that student up two grade So when Mrs. DeVos came before the bears attacked. This was in answer to a levels in 1 year. That teacher is a hero. HELP Committee, I asked for her opin- question from Senator MURPHY, who in If we are measuring for proficiency, ion on this very basic—this extremely Congress represents Sandy Hook and we would say: Well, that student is basic—extremely important question, who, as a Senator, represents those still reading below grade level. That and she had no idea what I was talking parents. That was her answer to him. teacher is a failure. about. Let me be clear. She wasn’t re- Asked about whether she would hold That is the difference between meas- luctant to declare her opinion. She private parochial schools that get tax- uring growth and measuring pro- wasn’t trying to strike a middle payer funding to the same standard of ficiency. It took me all of 30 seconds to ground. She did not know what I was accountability as public schools, she explain that, but I could spend all talking about. couldn’t or wouldn’t say. night talking about what this debate We would not accept a Secretary of Asked about a family foundation means for students, teachers, school Defense who couldn’t name the that has donated millions of dollars to leaders, and our entire education sys- branches of the military. We would not an organization promoting conversion tem. accept a Secretary of State who therapy for LGBT youth, she claimed Everyone agrees that there should be couldn’t identify Europe on a map. We she had no involvement, which is ridic- accountability in our education sys- would not accept a Treasury Secretary ulous. Even if Mrs. DeVos’s own role as tem—accountability for school sys- who doesn’t understand multiplication. vice president of that foundation was a tems, schools, teachers. We want to In fact, in nearly any circumstance, if 13-year clerical error, as she now know we are getting results. That was a candidate for a job is asked a ques- claims, she herself has donated ap- the core idea behind all the standard- tion that basic and that important and proximately $75,000 to support that ized testing in No Child Left Behind. simply whiffs on it the way that Mrs. anti-LGBT organization’s work. The problem was that No Child Left DeVos did, there is no second question. Now, understand that none of these Behind set up a system in which we as- There is just a thank you for your were difficult questions. None of these sessed student learning by measuring time, and we will let you know, and were gotchas. All of these failures took proficiency and only proficiency. As will you please send in the next can- place during a single 5-minute-per-Sen- the law was implemented, all sorts of didate. ator round of questioning, because problems emerged from taking this ap- Earlier this year, the University of after that first round, the hearing was proach. Minnesota hired a new head football cut off and our chairman refused to For example, teachers in Minnesota coach. I wasn’t there for the interview. allow any further questions. would tell me how measuring pro- But imagine if the first question for a By the way, I would like to say a ficiency would lead to what they called candidate for football coach of your word about that move to cut off ques- ‘‘a race to the middle.’’ See, measuring university was as follows: How many tioning. I have great respect for the proficiency only measures whether or yards does it take to get a first down? chairman of the HELP Committee, not students are performing at grade And imagine if the candidate answers LAMAR ALEXANDER. We have worked level—at this line of proficiency, at as follows: Thank you for your ques- together, and he worked with Senator grade level—and a teacher is measured tion, Mr. Athletic Director; I can MURRAY on the reauthorization of No by what percentage of her students or pledge to you that I will work very Child Left Behind, changing it to his students are above proficiency or at hard to get as many first downs as pos- ESSA, the Every Student Succeeds proficiency. A teacher does not get sible to make sure, we hope, that we Act. I respect the chairman tremen- credit for helping kids who were al- lead the team to touchdowns. dously. But his decision to end that ready well above grade level to perform This wasn’t the question. The ques- hearing was wrong, and his rationale better, and they don’t get credit for tion was this: How many yards does it was simply false. Our chairman in- helping kids who are way below grade take to get a first down? sisted that because Secretary Duncan level start to catch up. So we had this Well, thank you again for the ques- and Secretary King had been subject to race to the middle because it is a yes- tion. I can tell you this: I will look for- only a single round of questions, there or-no question: Did this student ward to working with you to prevent was a precedent to deny the minority a achieve proficiency or not? A teacher’s the other team from getting first second round of questioning of Mrs. entire career could depend on how downs also. DeVos. That simply isn’t so. many of his or her students met that Understand, that is how basic my First of all, as I discussed earlier, arbitrary goal. question to Mrs. DeVos was, and that is both Ernie Duncan and John King were So under this system, understand how shocking it was that she simply experienced education professionals this, please. A teacher had a strong in- didn’t know enough about education with long records of public service. centive to ignore all of the students at policy to answer it. Even if Republican Members had occa- the top who were already going to meet This inexplicable failure alone was sion to disagree with them on policy proficiency. No matter what you did to enough for me to conclude that Mrs. matters, there was no question that that kid, that kid was going to beat DeVos lacked the knowledge and un- their backgrounds had prepared them proficiency in the No Child Left Behind derstanding that should be a bare min- for the job of Secretary of Education, test at the end of the year. They had a imum for anyone seeking the position. and that is the bigger point here. There strong incentive to ignore all the kids But the entire hearing—the entire were no further questions. In both at the bottom because, no matter what hearing—was a showcase for her lack of cases, committee members weren’t de- you did, that student wouldn’t reach qualifications. I would urge any of my nied the opportunity for a second

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DeVos: ‘‘As I watched her during the Mrs. DeVos further, the chairman in- But even online schools that aren’t hearing, I was in disbelief that she vited us to submit additional questions out to rip off students often wind up would be appointed to such an impor- in writing, presumably so that she failing them. A 2015 Stanford study tant position.’’ could get some help from her Trump showed that, on average, kids in online Another constituent from Warren, administration handlers in answering schools lose the equivalent of 72 days of MN, wrote: ‘‘This woman is so unquali- them. Even so, her written responses learning in reading and 180 days of fied, it’s scary.’’ only served to further expose her own learning in math, and that is for each Last week, I went to dinner with lack of understanding of how education 180-day school year, which means that Vice President Walter Mondale at his policy affects Americans. kids in online schools can fall up to a favorite restaurant. Afterward, he took For example, I asked Mrs. DeVos in year behind in math. me into the kitchen to greet some of writing about the effects of trauma and Of course, as the Presiding Officer the men and women who worked at the adverse childhood experiences on edu- knows, many rural communities lack restaurant. One of the guys in the cation. This is a subject I have been in- reliable broadband access. I have been kitchen—I am a little unclear of terested in for a long time. A lot of on rural education tours where I find whether he was taking dishes to the kids in our country live in extreme students who go to a McDonald’s park- dishwasher or he was washing dishes. poverty. Some may have a parent in ing lot so they can get WiFi to read He is not a teacher, he is not an edu- prison or a parent who has passed their public school assignment or get cation advocate, just a guy who works away. These kids may also experience materials to study. This is another an- in the kitchen. He said: ‘‘Please vote physical abuse or emotional abuse or swer that wasn’t an answer at all, yet against DeVos.’’ neglect. There may be some drug or al- another piece of evidence that Mrs. There is a reason why this nomina- cohol abuse taking place in the house. DeVos is simply not up to this job. tion has been met with such over- Some have witnessed domestic violence Like many Americans, I have serious whelming resistance on the part of the in their home or street violence in concerns about many aspects of the American people, and I know I am not their neighborhood. Some have seen Trump administration’s agenda. Still, I the only one who has heard it. In fact, siblings shot and killed right in front believe that as a United States Sen- two of my Republican colleagues and of them. Decades of research have ator, it is my job to evaluate each fellow HELP Committee members who shown that the trauma that comes nominee on his or her own merits. That sat through that hearing, Senator COL- from such adverse childhood experi- is why I voted for nominees like Sec- LINS and Senator MURKOWSKI, have ences actually changes a child’s brain retary Mattis and Secretary Chao, even stepped forward to announce they can- chemistry and affects their behavioral though I disagree with them on impor- not vote for this nominee. They don’t development, their mental and phys- tant issues. General Mattis, for exam- agree with me on every aspect of edu- ical health, and their chances to suc- ple, has nearly a half century of mili- cation policy, but, believe me, when we ceed in school and in society longterm. tary service under his belt, he has put ESSA—Every Student Succeeds But research has also shown that these earned the respect of leaders on both Act—together, the committee voted challenges can be overcome and that sides of the aisle, and I believe he will unanimously. There is a lot of agree- the kids who do overcome them are the be a much needed voice of reason on ment on education policy on our com- most resilient kids you have ever met. the Trump administration’s foreign mittee, but Senator COLLINS and Sen- Our public education system was de- policy. Ms. Chao has a lengthy back- ator MURKOWSKI saw the same hearing signed to give these kids a shot. Teach- ground in public service, including as I did. Like me, they saw a nominee who ers and administrators often lack the Secretary of Labor and Deputy Sec- simply does not understand the needs resources they need to give these chil- retary of Transportation. I believe she of the students our Secretary of Edu- dren the chance they deserve. Because will bring significant and valuable ex- cation is supposed to serve. Mrs. DeVos’s crusade for school vouch- perience to her important role. I may I will let my colleagues speak for ers would further rob our public well take issue with the decisions they themselves as to the reasons why they schools of these limited funds, I wanted make and the agenda they implement will be joining me in voting against to know her thoughts on this impor- as members of President Trump’s Cabi- this nominee, but I would like to close tant issue. net, but at the very least, each illus- by asking a few questions of my col- This is take-home. Her written an- trated during their confirmation hear- leagues who are still considering a vote swer was brief and superficial. She ings that they have a basic under- in her favor. wrote that she had heard that children standing of the issues they will be re- If Mrs. DeVos’s performance didn’t are impacted by trauma and that trau- sponsible for. Mrs. DeVos is different. convince you that she lacks the quali- ma can cause difficulties in a child’s I have heard from Minnesotans about fications for this job, what would have education. That was it. Was she unfa- many of President Trump’s nominees, had to have happened in that hearing miliar with the literature? Was she un- but the outcry over this nomination in order to convince you? If you cannot willing to acknowledge that poor kids far surpasses anything else. As of a bring yourself to vote against this face special challenges? Would she be week ago, my office had received 3,000 nominee, is there anyone President remotely interested in addressing these calls about this nominee. A grand total Trump could nominate for any position challenges as Secretary of Education? I of 12 were in favor of her confirmation. that you could vote against? If we can- guess we may never know. Additionally, we received more than not set party loyalty aside long enough I also asked Mrs. DeVos in writing 18,000 letters and emails, and again the to perform the essential duty of vet- about her vision for education in rural overwhelming majority of them have ting the President’s nominees, what communities. As the Presiding Officer urged me to oppose this nomination. are we even doing here? knows—the Governor and now Senator For example, a woman from The Constitution gives us the power from South Dakota—many of our chil- Brainerd, MN, wrote to say that she to reject Cabinet nominations specifi- dren in America attend school in rural never contacted one of her representa- cally so we can prevent fundamentally America, 10 million American kids, tives before and didn’t consider herself ill-equipped nominees like Betsy DeVos schools that struggle with teacher very political—in fact, she was neither from assuming positions of power for shortages and transportation chal- a Democrat nor a Republican, but she which they are not qualified. Let’s do lenges. I asked how would her school has a daughter in second grade and a our job. For the sake of our children, choice agenda help them. In her re- son beginning kindergarten in the fall, let’s do our job. sponse, she pointed to online schools, and she wanted me to vote against Mr. President, I yield the floor.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.079 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S732 CONGRESSIONAL RECORD — SENATE February 6, 2017 The PRESIDING OFFICER. The Sen- lege. I know they will need help with paying The fact is, it is not that simple. We ator from Rhode Island. for college because they don’t come from a have great charter schools in Rhode Is- Mr. WHITEHOUSE. Mr. President, I very wealthy background. Fair and equal land, and we have some great public wish to add a few Rhode Island voices education is so important to me because I schools in Rhode Island. We have both. think everyone should be treated fairly re- to the voice of the Senator from Min- gardless of how they look because we are hu- The charter school leaders are opposed nesota. By the way, I am not cherry- mans. I am concerned about Betsy DeVos to her nomination. Why is that? It is in picking my correspondence to find the being nominated for Secretary of Education part because the transition from char- rare letters in opposition to this nomi- because she doesn’t have any experience with ter to public schools can be done fairly nee. We have had an unprecedented av- classrooms. Also because she basically or it can be done unfairly. In all of her alanche of opposition to this nominee. doesn’t like public schools since she is trying work, Mrs. DeVos has shown that she It is running well more than 100 to 1 to make public school private and is trying would do it unfairly. against her, and it is people from all to take resources away from public schools. There is an obvious—what demog- With that being said, I hope that you do ev- raphers would call—selection bias be- walks of life. erything you can to help the kids in public Here is a letter from William, a 12th school get equal education and fair edu- tween the kids who turn up in a char- grader in Pawtucket, RI. William took cation as much as private schools do. Please ter school that they have to select to the trouble to write to me. Let me read my email when you can and I would like go into and the kids who are still in start with the topic line: ‘‘Concern to thank you for your time. the public school that is left behind. over Betsy DeVos.’’ Sincerely, The selection bias is based on all Da-Naijah Hello, Senator Whitehouse! sorts of different reasons. It could be as My name is William and I am a senior at Next is Sara. She also lives in the simple as they have more engaged par- Blackstone Academy Charter School, a pub- city of Central Falls. ents. The parents are interested lic charter school in Pawtucket, Rhode Is- I am writing today because I’m concerned enough in their education to take the land. I am contacting you today due to my about the education in the public schools in trouble to sign them up for the charter concern about educational equality, specifi- my city. The students in Central Falls are school, and that creates a slightly dif- cally Betsy DeVos’ ability to commit to not given the education they deserve in the ferent demographic than the ones who practices that ensure that the children who environment of Central Falls as of schools in need the most help aren’t forgotten about other districts. This is important to me be- are left behind. It helps the charter and brushed under the rug. These children cause my younger brother is a disabled boy, school population, and it makes it easi- are our kids of color, as well as our low-in- and it worries me that he won’t continue to er for the charter school. come kids attending urban public schools get the education he deserves. I’m very con- Charter schools have authority that with limited resources. cerned about the nominee Betsy DeVos be- public schools don’t have with respect Having attended a Pawtucket public cause she has 0 experience in the role of Sec- to discipline; indeed, the ability to re- school, I can confidently say that there are retary of Education and there are videos on move children and return them to the some genuinely brilliant minds here in this almost any social media as well as YouTube public schools. They are able to force very city, in the areas where somebody like to prove it and it clearly shows she has no students to sign contracts and agree- Mrs. DeVos would least expect. Yet it also experience and will put our education, or I’ll cannot be denied that the students here say ‘‘future’’ at risk. Please Senator I hope ments regarding their behavior. Public begin their journey on ground that is un- you can do everything you can to prevent schools can’t do that. Again, that con- equal to that of other kids who are not peo- her nomination. . . . Thank you! fers an advantage on the charter school ple of color, or are not part of the public Sincerely, that a public school doesn’t have. school system, etc. These bright young sap- Sara Children with disabilities often get lings are being crushed before they are given The last one I will read is from immense support through the public the chance to blossom, and that is a sys- Jennyfer, 10th grade at Blackstone school system. When they try to go to temic problem that DeVos, given her various Academy Charter School, from Paw- the charter school, they see that the shortcomings, will only serve to perpetuate supports for the children with disabil- and make worse. tucket. DeVos, given her support of the privatiza- I’m writing today because I’m concerned ities aren’t there, and so it doesn’t tion of public schools and her open disdain about students in public schools not receiv- make sense to move to a charter towards the LGBTQIA community, has es- ing the same and fair education students in school. The charter schools tend to get tablished that she will not improve the expe- charter and private schools have. I care a smaller population of children with riences of marginalized communities. Her in- about students in public schools because I disabilities. They don’t have that addi- terest is not the betterment of education for want every student to have the privilege of tional expense of dealing with and people, but the monetization of education to receiving fair and equal education as I have the chance too. meeting a child wherever their abili- put money in her pockets and the pockets of ties and disabilities are. The public people like her. DeVos will never spearhead Fair and equal education is so important movements that promote equity in edu- to me because I’m a Latina and a woman of school keeps that expense. cation and will continuously disappoint us color, I deserve the same equal and fair edu- In Rhode Island, we have people all throughout her term which will not be cation as every other individual. I want my flooding into Providence. We teach defined by deviating from the status quo and siblings who go to a public school to receive kids who speak something like 70 origi- creating a system that our troubled but gift- the same education and resources I get. nal languages in our Providence public I am concerned about Betsy DeVos [that ed youth can thrive in. In fact, she will do schools. A new immigrant is going to the opposite. she] will take that privilege away from stu- dents in public schools. go to the public school. That is where With this in mind I ask that you, Senator they go. It is going to take them time Whitehouse, openly speak out against Betsy I hope you do everything you can to pre- DeVos, and do everything in your power to vent Betsy DeVos from taking this privilege to get settled and to learn about Amer- keep her out of the Secretary of Education away from students in public schools. ica and to pick up enough language to Thank you for your time! office. I also ask that you continue to re- understand that a charter school ex- member me and children like me; public There are more letters that I could ists, to make the choice to move their school youth who could be incredible if they read, but one point I would like to child there, and by the time they do, are just given the opportunity to thrive. make is that these are students writing fine, if they make the choice. But, Thank you for your time! from charter schools. In the flood of again, the public school had to be there William. opposition from Rhode Island that we for them; again, it is an advantage to Now let’s hear from Da-naijah, a 10th have seen to this nominee, it has in- the charter school. grader from Central Falls, RI. cluded teachers, managers, and stu- It is all great for charter schools, but Dear Senator Sheldon Whitehouse, dents in charter schools. There has the idea that they are outperforming My name is Da-naijah, and I am in 10th been a notion developed that this is a public schools and there is no recogni- grade at Blackstone Academy School which battle between public schools and char- tion of that selection bias is just unfair is a public charter school. I live in Central ter schools and that public schools to the public schools. It gets worse Falls, RI. I’m writing today because I’m con- aren’t good, but they want to trap chil- when you move from the selection bias cerned about kids being able to afford col- lege, regardless of background. I care about dren in them; that charter schools are on students to the funding because the this because I have plenty of family mem- the way out; and that Mrs. DeVos will way it often works and the way it bers and friends who go to public school, and lead us off into that charter school works in Rhode Island is that the they either want or are trying to go to col- happy land. money follows the student. If you are

VerDate Sep 11 2014 04:17 Feb 10, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD17\S06FE7.REC S06FE7 bjneal on DSK30MX082PROD with CONG-REC-ONLINE February 6, 2017 CONGRESSIONAL RECORD — SENATE S733 in the public school and you are se- noses in and to get a chunk of that We requested you provide information lected for a charter school, then a cer- money. When they come in, they may about two 501(c)(4) organizations with which tain stipend of money goes with you to or may not do a good job, but they are you have been associated: the American Fed- support that charter school. highly profit motivated. If you are in- eration for Children and the Great Lakes The problem is that as that money Education Fund. You acknowledged your as- terested in trying to facilitate them sociation with these entities in your disclo- gets taken out of the public schools’ and to give them a money making op- sures to the Office of Government Ethics budget, the costs in the public school portunity, then you may well want to (OGE). You also acknowledged in your letter didn’t follow you to the charter school. damage public schools in order to sup- to us that ‘‘[e]ach organization with which The money followed you to the charter port their move to for-profits. [you] have been involved is independent.’’ It school, but many of the costs re- This creates a fairly significant prob- is not clear what you mean by ‘‘inde- mained. If one child leaves a public lem when you connect it to the next pendent’’ since you have already acknowl- school classroom and goes to a charter piece of Mrs. DeVos’s application. That edged your association with these organiza- school, you still have to turn the lights is conflict of interest. One of the basic tions. I hope you can appreciate how both fundraising and spending of these organiza- on, you still have to hire the teacher, elements that we are here to look at in tions (from whom? to whom? in what you still have to heat the building, you our advice and consent process is con- amounts? your personal role?) might produce have maybe one less pencil and one less flict of interest. Will the nominee be conflicts of interests in potential decisions if piece of paper in the room, but those able to do a fair job? Will she be look- you are confirmed to serve as Secretary of are tiny costs. The fixed costs remain. ing at things fair and square or will she the Department of Education. That is a very serious threat to pub- have conflicts of interest that impede Our concerns are not hypothetical as lic schools. Anybody who truly sup- the fair exercise of her judgment? known contributors to your political organi- ports the charter school movement, as One place that we need to look for zations have had business before Department of Education. For example: our charter schools do, has to under- conflict of interest is when we have Vahan Gureghian: In 2010, Gureghian do- stand, first, the selection bias problem nominees who have run political dark nated $100,000 to the American Federation and understand that the testing and money operations. This is a new thing for Children Action Fund. Mr. Gureghian accountability has to be fair between for us. Not too long ago we swore in a founded and is the CEO of CSMI LLC, a public and charter schools and, second, new President—President Barack Pennsylvania charter school management this funding problem—that if you are Obama. When we did, we had ethics company and helped found the Chester Com- simply pulling the money out of the rules, government ethics offices, filing munity Charter School. He has been a major donor in promoting charter schools in Penn- public schools into charter schools and requirements, and all of that in place. sylvania. the costs are staying behind, what you That was 2008. Then came the Citizens I will interrupt reading the letter for are doing is crashing the revenues but United decision—one of the worst deci- a moment to point out how obvious it leaving the expenses of public schools. sions that five Justices on the Supreme is that somebody involved in the char- The public school students are going Court have ever made, and it opened up ter school movement could very easily to suffer from that. If you don’t adjust the floodgates of dark money. for it, you are being unfair to the pub- This nominee is a practitioner of the have business before the Department of lic schools, and you are being unfair to dark arts of dark money. We know Education. Who knows how much he the students. This is a serious enough nothing about what she has done, but gave? We know of about $100,000, but it problem that our Providence City the conflicts of interest ought to be could be a lot more. He knows. She Council is debating the issue right now pretty obvious. If you raised millions knows, but the public won’t know. and, as students move to charter of dollars from people in your dark When bids or competitions are up, that schools, trying to figure out: How do money operation, then there is an in- is simply not fair. you provide adequate funding so you debtedness there that somebody might On to the next one and back to the are not stripping the public schools of think could be an appearance of impro- text of the letter: what they need to continue to teach priety or conflict. J.C. Huizenga: Between 2005 and 2007, We should know so that evaluation Huizenga donated $25,000 to All Children the other students? Not only are they Matter, and in 2010 he donated $30,000 to the serious about trying to figure out this can be made. Or if you spent dark American Federation for Children Action budget equation at the city council money in support of certain things, we Fund. Mr. Huizenga founded the National level, but Moody’s, the service that should know so that we can connect Heritage Academies, a for-profit charter net- looks at municipal budgets and deter- the dots and evaluate the linkages and work that has 80 schools in 9 States and has mines how sound they are and rates see whether it is a conflict of interest. received over $43 million in federal funding. municipalities, has looked at this prob- We wrote to Mrs. DeVos about this. According to a 2012 review by the Michigan lem of charter school movement and The first letter was January 5, 2017. We Department of Education of the schools in the ‘‘focus’’ category, due to significant gaps the remaining costs in public schools got an answer, and the answer was spectacularly incomplete and in achievement, more than half were man- and identified it as a fiscal threat to aged by National Heritage Academies. It has municipalities. unhelpful. So we wrote a second letter been reported that Mr. Huizenga said that These are both real problems, and the on January 27. I wish to take a minute his involvement with charter schools was refusal of Mrs. DeVos to grapple with and read this letter because I think it due to realizing that ‘‘privatizing public edu- them suggests to our charter school explains our predicament. cation was not only practical but also des- leaders and to me that this is not just Elisabeth DeVos perately needed.’’ an effort to enhance students in being Trump-Pence Transition Team Again, to step back out from the let- Pennsylvania Avenue, NW ter, here is somebody who is in the for- able to go to a good charter school; Washington, DC this is actually an attack on public Dear Mrs. DeVos, profit charter school business, whose schools. Thank you for your response of January 17, charter schools are more than half of There are all sorts of reasons some- 2017, to our January 5, 2017 letter— the troubled charter schools reviewed body might want to knock down public Mr. President, let me ask unanimous by the Michigan Department of Edu- schools. One is that they simply don’t consent to have printed in the RECORD cation and who wants to privatize pub- like teachers unions. Teachers unions the letter at the end of my remarks. lic education. He is linked with her tend to vote Democratic, let’s face it. Thank you for your response of January 17, through the dark money operation. We If you want to cripple teachers unions, 2017, to our January 5, 2017 letter requesting don’t know anything about the dark destroy the schools they work in. That additional information on your vast political money side. is a really nasty reason to get into this fundraising and spending network. Along David L. Brennan: Brennan donated a total charter school fight, but it is real, and with various responses and objections to our of $200,000 to All Children Matter from 2004 it is out there. request, you produced a series of already to 2007, prior to AMC’s wind down due to A second is, if you want to bring for- public campaign finance reports related to campaign finance violations. the American Federation for Children Action profit investment into this space, a lot Fund, a 527 organization, and its various This is a series of campaign viola- of money gets spent on education. Peo- State affiliates. For the reasons that follow, tions, finance violations, that led to ple who could figure out how to make we view your response as, while sizable, non- the $5 million fine that neither the en- money in this space want to get their responsive. tity nor Mrs. DeVos have ever paid.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.083 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S734 CONGRESSIONAL RECORD — SENATE February 6, 2017 In 2010, he donated $39,000 to the American tions with which you are affiliated, to other rather obsolete, in that respect, gov- Federation for Children Action Fund. He is 501(c)(4) organizations over the past five ernment ethics reporting conventions the founder of White Hat Management LLC, years. that have been carried forward from a for-profit charter school management com- That seems like a perfectly reason- the Obama transition before all of this pany that operates 15 schools in three states able request. with over 12,000 students. Since 2008, became a problem doesn’t just apply to Whitehat and its affiliates have received $3.6 According to the American Federation for Mrs. DeVos. million in federal funds including IDEA Children’s IRS Form 990 filed for the year Secretary of State Tillerson, as CEO funds. 2014, it spent nearly $1.1 million on political of ExxonMobil, ran a massive dark activities, including a $315,000 transfer to the How are we ever going to know if money operation. ExxonMobil has American Federation for Children Action money all over front groups that deny people like this—who are making big, Fund, Wisconsin IE Committee. dark money contributions into the climate change, all over political I think most people here know how groups to try to discourage action on dark money operation that she runs— this works, but to make it clear for will not be rewarded in a pay-to-play climate change, and a lot of it is dark people listening, many political organi- money. There has been reporting that fashion with grants and favors and an zations require that the donors be dis- advantage in competition at the De- traces it back to Exxon, but we never closed. So if you want to engage in the know how much because it is dark partment of Education? You would or- dark money game and hide your polit- dinarily evaluate that by knowing that money, and Mr. Tillerson hasn’t told us ical influence-seeking, what you do is one thing about it in his hearing. the conflict of interest existed. But be- you take your money and you give it to cause it is dark money, we will never We will be considering shortly the a 501(c)(4), a dark money operation. nomination of Scott Pruitt as the EPA know. Then they in turn give it to the polit- They will know. She will know, but Administrator. Scott Pruitt ran a dark ical action group. That is what hap- money operation as the attorney gen- the public will never know. The Senate pened here. $1.1 million into the Amer- will never know. The press will never eral of Oklahoma. Why would an attor- ican Federation for Children, $315,000 ney general want to run a dark money know. transferred to the American Federa- While you may not have a direct financial operation in the first place? That is a tion for Children Action Fund in Wis- whole separate question—but he did. It interest in the for-profit education enter- consin. The only function that provides prises headed by those listed above, your po- was called the Rule of Law Defense litical fundraising relationship with them, is to launder the identity of who the Fund, and what it did was it took in and perhaps others, could cause a reasonable donor was. So that all you see is the money, prevented the donors from hav- person concern over your impartiality in money emerging from the dark money ing their identities revealed, and then matters involving them. organization, with no transparency as funneled the money publicly to the Re- Let me step out of the letter again. to who put it in. publican Attorneys General Associa- Doesn’t that make sense? If you were Because donations to a 501(c)(4) are anony- tion. It was an identity laundering ma- applying for a grant before the Depart- mous, they effectively launder the identities chine for the Republican Attorneys ment of Education and your compet- of donors to the other parts of the political General Association for big donors who itor was somebody who had given $1 apparatus. But you know, and the donors know, and therein lies the potential for con- didn’t want anybody to know who the million to Mrs. DeVos’s Action Fund, flict of interest. Additionally, you refused to source was of the money that was wouldn’t you want to know that? Don’t disclose donations to 501(c)(4) organizations being funneled into the Republican At- you think the public should know that? that you, your family and your foundation torneys General Association. That is If you were to find out later that had have made. You explained, ‘‘(t)he informa- fine, I guess. I would like to be rid of taken place, and they were awarded the tion request requested has no bearing on the all of it. We should pass the DISCLOSE grant and you were not, wouldn’t that office to which I have been nominated nor Act and clean this mess up. But for rankle you a bit? Wouldn’t that sug- the duties of the Department of Education.’’ sure, when somebody who has run a gest to you that perhaps we are not That was her answer to the first let- dark money operation comes before the being treated fairly because of that big ter. Our letter here continues: Senate seeking to be nominated to a contribution that was made? But we Your donations to 501(c)(4) organizations Cabinet office, we hold a constitutional will never know. We are disabled from are indeed relevant to your nomination, just duty to protect that office from im- doing our constitutional job of review- as your donations to political candidates, proper conflicts of interest. Surely, ing these nominees for conflict of in- parties and causes are. One obvious instance would be where groups to which you have then, their role in the dark money op- terest when it is dark money that is at made political contributions are before the eration should be disclosed. stake. Department as advocates or grant seekers. It only makes sense. But, no, like The OGE process does not capture conflicts Again, you know and the donors know, and Mrs. DeVos, absolute stonewall on any that arise through political activity. . . . therein lies the potential for conflict of in- information related to the Rule of Law This is the first transition of Presi- terest. Senators have a Constitutional duty Defense Fund and Mr. Pruitt’s dark dents since the Citizens United deci- to provide advice and consent on Presi- money operation, a black hole of se- sion. This is the first one; so there is no dential nominees, and understanding the crecy and enormous opportunity for scope and nature of potential conflicts of in- conflict, because obviously, given his history. We have to do it now, but we terest is at the heart of that duty. are not—not for this nominee, not for background and given where the rest of other nominees. We are leaving a black I do hope that we can agree on that his fundraising went, you can draw a hole of secrecy around this enormous in this Body: That part of our advice reasonable conclusion about where the conflict of interest potential. and consent role is to understand the dark money came from: Devon Energy, potential for conflicts of interest. If we The OGE process does not capture conflicts ExxonMobil, American Petroleum In- that arise through political activity so it is can’t agree on that, then we have a stitute, Murray Coal—the usual sus- incumbent upon us to assure the Senate real problem here, because that is the pects. That is where a lot of his other record is complete as to such conflicts and purpose or at least one purpose of what money came from. You have to believe how they will be resolved. we do. it went here. But do we know that? No. These are just the publically known exam- Your role in raising and distributing ‘‘dark ples of potential conflicts. Our original re- He could have taken $1 million from money’’ clearly raises the possibility of such one of those groups and then, as EPA quest asked you for information to assess po- conflicts. As a result, we renew our request tential conflicts with 501(c)(4) organizations for information related to your 501(c)(4) or- Administrator, be ruling on an applica- that are not required to publicly disclose ganizations as outlined above. tion of theirs and we would not know. donor information. Accordingly, we reiterate Please contact us if you have any ques- Please don’t anyone tell me that is not our request that you provide: tions regarding this request. We look for- a potential conflict of interest. I mean, A list of all donors, their total donations, ward to your additional information and dis- we can deal with alternate facts around and affiliations, who have contributed to the closures and timely and responsive answers. here, but that is just crazy. American Federation for Children 501(c)(4), and the Great Lakes Fund 501(c)(4) since Well, as of today, what we have is no We don’t know about Mrs. DeVos’s their inception. answer at all—no answer at all. This is dark money. We don’t know about A list of donations made by you, members a recurring problem here. This business Tillerson’s dark money. We don’t know of your family, and foundations or organiza- of dark money not being caught by the about Pruitt’s dark money. It is as if

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.084 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S735 there has been an understanding—some nominee for the Secretary of Education evaluate it, and we have been knee- secret handshake around here—that has nothing? Pockets out. Nothing to capped in that effort by an absolutely nobody will allow dark money informa- get started on this problem. Is she ever positive shutdown from the other side tion into the nomination process. That going to take an interest? I don’t of the aisle on any information about is just wrong. That is just wrong. It in- know. any dark money from any nominee. fects this nomination of Mrs. DeVos. But it would seem to me, particu- They don’t have to be nominees. If We have to get answers to these ques- larly when you look at where we are in they don’t want to cough up their dark tions. the HELP Committee—our ranking money information, they can turn the Let me move on to one other point: member, Senator MURRAY, is here. Sen- papers back in and tell President student college debt. I had a meeting ator MURRAY and Chairman ALEX- Trump: Find someone else. I would recently. I think all of us had the same ANDER helped lead us together through rather keep my secrets. experience. From our home States, the ESSA, the reform of No Child Left But you should not keep your secrets groups come to visit us and to get our Behind, the Every Student Succeeds and get the job. time and to bring our attention to Act. It passed roaring through the Sen- There being no objection, the mate- problems that concern them. I think ate. The House even picked it up and rial was ordered to be printed in the we all get visits from the same groups. took it. It came out of committee RECORD, as follows: We get visits from our community unanimously. States are still working JANUARY 27, 2017. bankers from our home States. We get on implementation of it because it ELISABETH DEVOS, visits from our credit unions in our freed them up to do a lot more things, Trump-Pence Transition Team, home States. We get visits from the and so they have to go through the Washington, DC. automobile dealers in our home States. process of deciding how they are going DEAR MRS. DEVOS, Thank you for your re- We get visits from the insurance bro- to take advantage of its new freedoms. sponse of January 17, 2017, to our January 5, kers in our home States. We get visits So with respect to elementary and sec- 2017 letter requesting additional information on your vast political fundraising and spend- from the Realtors in our home States. ondary education, we are actually in ing network. Along with various responses When the Realtors of Rhode Island pretty good shape. All we have to do is and objections to our request, you produced came in to visit me the last time, they implement the bipartisan popular law a series of already public campaign finance raised a new issue that I had not heard that we passed. So where is the atten- reports related to the American Federation before from them. The issue that they tion going to be? Well, what we have for Children Action Fund, a 527 organization, raised was this: You know, we are not passed is the Higher Education Re- and its various state affiliates. For the rea- starting to have a real problem financ- form Act. sons that follow, we view your response as, ing houses for the next generation of So if you know at all that has been while sizeable, non-responsive. We requested you provide information home buyers, the young home buyers going on in education in the Congress, about two 501(c)(4) organizations with which who are coming into the market and which is not asking too much of a Sec- you have been associated: the American Fed- who would ordinarily be buying their retary of Education nominee, you eration for Children and the Great Lakes starter homes. The problem we are know that we have just implemented a Education Fund. You acknowledged your as- finding with them is that they are so major reform of elementary and sec- sociation with these entities in your disclo- loaded up with college debt that we ondary education, that our next order sures to the Office of Government Ethics can’t finance the purchase of a home of business is higher education, and (OGE). You also acknowledged in your letter for them. that an elemental part of that is going to us that ‘‘[e]ach organization with which That is how enormous the student [you] have been involved is independent.’’ It to be college debt. is not clear what you mean by ‘‘inde- loan debt problem is in this country. It So the fact that this nominee has pendent’’ since you have already acknowl- is now preventing so many young peo- nothing on that issue and is in the tra- edged your association with these organiza- ple from buying a home that the Real- ditional deer-in-the-headlights-nomi- tions. I hope you can appreciate how both tors have noticed and put it on their nee mode of, well, I look forward to fundraising and spending of these organiza- problem list as something for us to working with you on that Senator. Oh, tions (from whom? to whom? in what take action on. yes, I understand that is a serious prob- amounts? your personal role?) might produce If the Realtors have noticed this, I lem, Senator, but actually I don’t have conflicts of interest in potential decisions don’t think it is asking too much for a any ideas; I don’t have any plans; I before you if you are confirmed to serve as nominee for Secretary of Education to Secretary of the Department of Education. don’t have any strategy; I have noth- Our concerns are not hypothetical as have noticed this. If, in fact, she has ing. Let’s just work together on it. known contributors to your political organi- noticed this, I don’t think it is asking That is not very convincing to me. zations have had business before Department too much for her to have thoughts and I see the Senator from New Jersey of Education. For example: a plan, because we are well over $1 tril- here. The night is going on, so I will Vahan Gureghian: In 2010, Gureghian do- lion in debt for these kids. I think it is yield the floor to him, but I will close nated $100,000 to the American Federation about $1.3 trillion now. It has been a by saying that this recurring question for Children Action Fund. Mr. Gureghian known problem for some time. Over about nominees who are involved in founded and is the CEO of CSMI LLC, a and over again, Democrats have tried dark money operations and then refuse Pennsylvania charter school management company and helped found the Chester Com- to find and propose solutions here in to disclose anything about their dark munity Charter School. (he has been a major the Senate. Over and over again, we money operations so that it remains a donor in promoting charter schools in Penn- have been shot down. But it remains a black hole of secrecy and potential sylvania. very considerable issue. conflict of interest is wrong. It is just J.C. Huizenga: Between 2005 and 2007, You would think that a new Sec- wrong. Huizenga donated $25,000 to All Children retary of Education coming in would I know there are forces in this build- Matter, and in 2010 he donated $30,000 to the want to hit the ground running on this ing that love the dark money, and American Federation for Children Action issue. She would have something she there are huge special interests behind Fund. Mr. Huizenga founded the National wanted to get done to solve it. There the dark money. There are a lot of peo- Heritage Academies, a for-profit charter net- work that has 80 schools in 9 states and has would be a plan or an outline. We may ple who benefit from the dark money received over $43 million in federal funding. not agree with it, it may be something who don’t want any light on it ever. According to a 2012 review by the Michigan that we have to work together to find But once a nominee has had their name Department of Education, of the schools in a way to get it to the floor, but at least put in for a Cabinet position of the the ‘‘focus’’ category, due to significant gaps there would be a starting point. All I Government of the United States, by in achievement, more than half were man- got was, well, I would be interested in God, they ought to disclose their dark aged by National Heritage Academies. It has your views on that issue. How is it pos- money connections because otherwise been reported that Mr. Huizenga said that sible that with over $1 trillion in stu- it is an avenue toward conflict of inter- his involvement with charter schools was due to realizing that ‘‘privatizing public edu- dent debt piled up, with the student est. Where there is conflict of interest, cation was not only practical but also des- debt problem so severe that even Real- there comes scandal. It is our job to perately needed.’’ tors have put it on their to-do list to head that off by getting the informa- David L. Brennan: Brennan donated a total get something done about it, that a tion before the public so everybody can of $200,000 to All Children Matter, from 2004

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Since 2008, White Hat and its gentleman typing very quickly, all the the spirit of America is to see that in affiliates have received $3.6 million in federal way to a lot of the folks working, I just this Nation all of our children have funds including IDEA funds. want to express my gratitude for the unique gifts, all of our children have While you may not have a direct financial interest in the for-profit education enter- long night, particularly to the pages. It beauty, and we as a nation collectively prises headed by those listed above, your po- is their second week here, and they believe they all deserve a strong path- litical fundraising relationship with them, suddenly are being forced to grapple way to the fundamental American and perhaps others, could cause a reasonable with not just school but the long ideal. They deserve pathways to life person concern over your impartiality in nights of the Senate. I really do respect and liberty and the pursuit of happi- matters involving them. The OGE process them and am grateful for their, how ness, that when we say ‘‘justice for does not, capture conflicts that arise should I say, endurance tonight as all,’’ we really do mean all children. through political activity so it is incumbent upon us to assure the Senate record is com- well. But unfortunately, as the work of the plete as to such conflicts and how they will I rise today, as many of my col- Department of Education’s Office for be resolved. leagues have, to speak to the nomina- Civil Rights demonstrates, the Federal These are just the publicly known exam- tion of Betsy DeVos and to speak spe- Government is often at odds with some ples of potential conflicts. Our original re- cifically in opposition to her nomina- school districts that do not properly quest asked you for information to assess po- tion to serve as Secretary of Edu- enforce protections granted to students tential conflicts with 501(c)(4) organizations that are not required to publicly disclose cation. I have listened to as many of with disabilities under the Federal law, donor information. Accordingly, we reiterate my colleagues’ words as I can. I want again passed by both Houses, passed by our request that you provide: to say that particularly those on the both parties. Within our country, thou- A list of all donors, their total donations, Senate Health, Education, Labor, and sands of parents do not believe their and affiliations, who have contributed to the Pension Committee have and will and children are receiving justice in their American Federation for Children 501(c)(4) continue to expand upon many of the local school systems for their children and the Great Lakes Education Fund 501(c)(4) since their inception. concerning elements of Mrs. DeVos’s with disabilities. They reach out to the A list of donations made by you, members record, concerns that I share about her Federal Government for help, for relief, of your family, and foundations or organiza- lack of support for critical account- for that justice. tions with which you are affiliated, to other ability measures, her lack of famili- Take the example of one child, the 501(c)(4) organizations over the past five arity with many of the basic financial case of a 9-year-old child in California years. aid policies and programs which are so whose name is withheld for privacy. According to the American Federation for Children’s IRS Form 990 filed for the year essential for people to have access to This child—and let’s call her Jane—is a 2014, it spent nearly $1.1 million on political higher education, her inability to say student like so many others. She has activities, including a $315,000 transfer to the that guns should not be in school, and the same dreams and aspirations, has American Federation for Children Action her seeming lack of understanding of hopes, has promise, and has untapped, Fund—Wisconsin IE Committee. Because do- many of the fundamental yet critical unlimited potential. nations to a 501(c)(4) are anonymous, they ef- education policy perspectives that I At the age of 9, this child, ‘‘Jane,’’ fectively launder the identities of donors to had been physically restrained in her the other parts of your political apparatus. think are necessary for a job of this But you know, and the donors know, and magnitude. school more than 92 times during an 11- therein lies the potential for conflict of in- I know there has been much said and month period by her school because of terest. there will be many more issues brought her disability. As a part of that re- Additionally, you refused to disclose dona- up of concern to many of the Demo- straint, she had been held facedown for tions to 501(c)(4) organizations that you, crats who spoke tonight, but tonight I a total of 2,200 minutes. your family, and your foundation have made. would like to focus on an area that is The Office for Civil Rights at the You explained, ‘‘[t]he information requested very personal to me and also very per- Federal level, the Federal Government, has no bearing on the office to which I have it took them to investigate this case, been nominated nor the duties of the Depart- sonal to millions of Americans, that is ment of Education.’’ Your donations to essential to this role but one that may and they found that the district was in 501(c)(4) organizations are indeed relevant to not be immediately understood when violation of the Federal law and re- your nomination, just as your donations to you talk about a Secretary of Edu- quired the school district to stop using political candidates, parties, and causes are. cation, but it is absolutely critical to these kinds of restraints on students One obvious instance would be where groups that Department. In fact, I think it is and to actually take the time and en- to which you have made political contribu- one of the more critical roles of that ergy to invest the resources in training tions are before the Department as advocates the staff on alternative intervention or grant seekers. Again, you know, and the Department when it comes to fulfilling donors know, and therein lies the potential the ideals of our Nation. methods, methods that recognize the for conflict of interest. Senators have a Con- Within the Department of Education dignity of that child and show that we stitutional duty to provide advice and con- is the Office for Civil Rights. That of- have the potential and power to elevate sent on presidential nominees, and under- fice is profoundly important, but it is that child, not to so savagely restrain standing the scope and nature of potential one that many people don’t have a full them. conflicts of interest is at the heart of that understanding of. What I would like to This was not only unconscionable duty. Your role in raising and distributing do right now is highlight four areas in treatment that the Federal Govern- ‘‘dark money’’ clearly raises the possibility of such conflicts. As a result, we renew our which the Office for Civil Rights func- ment intervened in, but clearly it was request for information related to your tions and also talk as it relates to my illegal within the bounds of Federal 501(c)(4) organizations as outlined above. concerns about and my opposition to law. This is not the way that anyone Please contact us if you have any ques- Betsy DeVos to serve as Secretary of here, anyone in this body with a child tions regarding this request. We look for- Education. with a disability, any of us would want ward to your additional information and dis- First, I would like to talk about what our children to be treated. closures and timely and responsive answers. is at stake for children with disabil- If I had a child, I know it is not the Sincerely, way I would want them treated. Frank- SHELDON WHITEHOUSE. ities and their families and their par- ROBERT P. CASEY, JR. ents. About 13 to 14 percent of our ly, when it comes to the children of TAMMY BALDWIN. American school-age children—about America, they are our children. Wheth- BERNARD SANDERS. 6.5 million kids and young adults in er Republican or Democrat, we know AL FRANKEN. America—are students with a dis- that our children, our kids, American ELIZABETH WARREN. ability. children—all children, frankly—de- The PRESIDING OFFICER (Mr. SUL- Here in the United States, I am so serve better than this kind of physical LIVAN). The Senator from New Jersey. proud that we have a deep belief and, in abuse. It is for these kinds of reasons

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Unfortunately, as we are seeing, students with disabilities actually are I believe, though, that based on the there are many violations of Federal twice as likely as those without to re- testimony that was given, that the law that go on when it comes to our ceive one or more out-of-school suspen- nominee may not see this as a vital children with disabilities. There is tre- sions. function of the Office for Civil Rights mendous evidence that this kind of Let me give you the specific case of and, in fact, may shrink that office and abuse still goes on in our country, and Tunette Powell, who wrote about her the ongoing proactive investigations there needs to be an ultimate author- son who is Black. His name is Joah. He that we see right now into such mat- ity that can investigate this abuse and, was suspended five times in 2014. He ters. if necessary, hold those people account- was 3 years old. We know that the school-to-prison able who are the abusers. And the addi- She said: ‘‘One after another, White pipeline, particularly for young people tional step that the Office for Civil mothers confessed the trouble their of color, isn’t just real; it is actually Rights does is it gives advisement, children had gotten into. Some of the pervasive. But during Mrs. DeVos’s gives instruction on how to make sure behavior was similar to JJ’s,’’ her confirmation hearing, when asked the abuse does not happen in the fu- son’s. ‘‘Some was much worse. Most about the Office for Civil Rights within ture. startling’’ to her was that ‘‘none of the Department of Education that is We need our Office for Civil Rights to their children had been suspended.’’ responsible for rectifying such unjust work with school districts to establish She continues to write. ‘‘After that situations, she refused to comment. those policies and procedures to pre- party,’’ where she had heard this from She refused to comment. She refused to vent that abuse. other White parents, ‘‘I read a study commit herself even to directing the When Mrs. DeVos, during her testi- reflecting everything I was living. Office for Civil Rights to investigate mony, was given the opportunity to Black children represent 18 percent of such civil rights violations. I don’t un- speak to the millions of parents who preschool enrollment but make up 48 derstand why it is difficult to even have real, legitimate concerns about percent of preschool children receiving commit the Department to continuing their children with disabilities and the more than one out-of-school suspen- such investigations, but that commit- treatment they receive in school—she sion, according to the study released ment was denied. was given the opportunity to speak to by the Education Department’s Office I want to next talk about the serious the vital role of the Federal Govern- for Civil Rights in March,’’ she writes. problem we have in America with sex- ment in protecting our children and af- One of the critical things about the ual assault and sexual violence in firming those rights, about the role of Office for Civil Rights is that they have schools and on college campuses. Mr. the Office for Civil Rights, and instead been proactively collecting data about President, 1 in 5 women and 1 in 16 men of taking that opportunity, instead of differences in treatment in our schools. are sexually assaulted in their college seizing the moment to talk about what Now there are many people who ac- years, but only 1 percent of assailants she would be doing to lead, she actu- tively assert that the role of the Office on college campuses are arrested, ally denied a role for the Federal Gov- for Civil Rights has grown too large, charged, or convicted. ernment. When asked about protecting that they are poking around in local We still know that too many people students with disabilities, she simply matters too much, that even collecting on college campuses who have been said: ‘‘It should be left up to the such data, as was relied on by this sexually assaulted, who are survivors, States.’’ mother, is an intrusion into States’ are routinely denied justice and are Well, I will tell you right now, for rights. I believe, when it comes to civil forced to even live or even go to class that 9-year-old child physically re- rights, when it comes to religious free- with their attackers. strained more than 92 times, held dom and the treatment of our children, The Office for Civil Rights has risen facedown for hours, the Federal Gov- to this challenge and this crisis. They ernment clearly had an important role I do not believe that the Office for Civil have opened investigations in over 200 to play for that mom, for that family, Rights has grown too large. I believe schools in America. There is a crisis of for that child in making sure this kind they are offering critical transparency campus sexual assault in America, and of atrocity doesn’t happen and will not into the workings of our schools; that now the Office for Civil Rights is ex- happen for more children. they are collecting data that parents Secondly, I would like to talk about and policymakers and civil rights panding their work. They have stepped what is at stake with the Office for groups can use to see who is being left up to that challenge. In addition to Civil Rights as it relates to children behind, who might be facing discrimi- that, they have issued guidance to all who are different, whether that be the nation, who is not receiving justice. college campuses on preventing and color of their skin, whether they wear What do we have to be afraid of even combating sexual assault. a hijab to school as an expression of on just the collection of data to allow Mrs. DeVos, again, during her testi- their faith or if they are a minority or, ourselves to have that transparency, to mony—many of us were hoping she again, a child with a disability. create an environment of account- would rise to the occasion, that she For example, I have spoken much as ability? would speak to this issue. She was a Senator about the school-to-prison I worry that if this is not a priority given a chance, given a chance not just pipeline and often how certain cat- for the next Secretary of Education, to speak to the issue but to talk to the egories of children experience different then closing the achievement gap, Federal role in meeting this crisis, to types of discipline for the same act in shutting down the school-to-prison acknowledge that this is an issue our school just because of how they look. pipeline, and empowering all children Nation must grapple with and must School disciplinary policies, we to have an equal opportunity to learn end, but she did not speak to the con- know, play a big role in a child’s suc- will be undermined. cerns of parents. She did not speak to cess, and those disciplinary policies are These are real problems in our coun- the concerns of survivors. She did not clearly treating different children in try, and they aren’t just going to go speak to America about the urgent different ways. There will be different away. The Federal Government, espe- need for all of us to be engaged in deal- outcomes for those categories of kids. cially when they insist upon data ing with the crisis for which there has We know that children who have out- transparency, is an active partner in been silence for too long. of-school suspensions often graduate at helping us to receive the justice that More than this, she did not speak to significantly lower rates, have signifi- we deserve and need and pledge alle- the role of the Office for Civil Rights, cantly higher run-ins with the law. I giance to as a country. to the expanding role they have been am one who believes we cannot allow I had hoped during the hearings of taking, to the expanding investigations discrimination to happen in that man- Mrs. DeVos that I would hear more; on college campuses all across the ner in our school. that even if I had the opportunity to country, giving no confidence to me or

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With the Department of Education on com- Office for Civil Rights came in and in- all of that, with all the articles that bating and preventing sexual assault— vestigated, they found that Seth’s have been written, this was a chance not asked to commit on the investiga- school district was in violation of sev- for Mrs. DeVos to sit before the Amer- tions, not asked to commit to expand- eral Federal laws, that they failed to ican public knowing that these con- ing the efforts but just asked about up- intervene and stop the bullying and cerns are out there, and it is under- holding the guidance within the De- harassment and torment that this standable, even if she doesn’t hold partment of Education on combating child endured from a precious age until them, it is understandable that this and preventing sexual assault, she re- his death, that their actions could have was a moment for her to allay the fears fused to commit to maintaining that potentially prevented the death of one of the thousands and thousands of chil- guidance. of our children, an American child, a dren who are being isolated and hurt I would like to speak to another area. child of beauty and of worth and of dig- by bullies, the people who are assault- Before I do, I do believe in this idea of nity and protection. ing their dignity—these children have transparency that my previous col- Wendy went to the Federal Govern- suicide rates that are unconscionably league talked about when it comes to ment to the Office for Civil Rights, and high—for the parents mourning their donations. Some of the charities that they took her concerns seriously. They kids, with all that swirl, the hearing have received donations from Mrs. aggressively investigated. Because of was her chance to set the record DeVos have a history of fighting their investigation and because of straight to say: I will uphold the value against efforts to combat sexual as- Wendy’s courage in her time of grief, and dignity of these children, but more sault, and some of these organizations the school district, in violation of Fed- than that, I recognize there is a crisis worked to make it more difficult for eral law, was required to take steps— in our country, and I will work with sexual assault victims to seek justice. though not there to prevent her child’s the Office for Civil Rights to do some- That brings me to an area in which I death—they were required to take thing to address this evil in our coun- have a deep level of concern. I hope steps to prevent the kind of harass- try. We have so many kids being hurt Mrs. DeVos will take the opportunity ment, tormenting, and bullying from and harmed. This was her chance to go to set the record straight because happening to other students. I am not beyond just denying that she believed much has been written even before the sure if any of that is solace to a mother in conversion therapy, to go beyond hearings involving an area where there who lost her child. I am not sure if it just words in asserting that she values is a clear crisis in our country. It is the gave her comfort, but I am hopeful equality. This was her chance. It crisis involving the safety and security that with an active Office for Civil should have been understood that be- of our lesbian, gay, bisexual, and cause of the record and the charitable Rights at the Federal Department of transgender youth in America. donations that there was a degree of Education, at a time where more than Lesbian, gay, bisexual, and suspicion; that there was an under- 10 percent of lesbian, gay, and bisexual transgender youth face a stunning standable degree of legitimate fear youth are missing school because of level of discrimination inside and out- that she would not continue the coura- that kind of fear, when one-third are side of schools starting at a very young geous work of the Office for Civil reporting bullying and harassing in age. We know that LGBT youth are Rights in combating discrimination, person or online, at this level of uncon- two times more likely than their het- harassment, and physical abuse of chil- scionable treatment for any child, erosexual peers to be physically as- dren across our country. She had the there is a role for the Federal Govern- saulted in schools. LGBT youth are opportunity. four times more likely to attempt sui- ment to protect our children. I believe Given the fears and concerns that cide. According to youth risk behavior if we take these matters seriously that have been expressed, I would have surveys, 34 percent of lesbian, gay, bi- we can insure that this kind of bul- hoped she would have spoken directly sexual, transgender students were as- lying and harassment will come to an to the work of the Office for Civil saulted on school property. More than end in America. It is unacceptable in a Rights to protect lesbian, gay, bisex- one-third of LGBT school students country this great. There are laws ual, and transgender teens who are fac- were bullied on school property, and 13 against this, and there are folks who tually experiencing some of the highest percent of lesbian, gay, bisexual, and have an obligation to enforce those levels of hate crimes and violence and transgender students did not go to laws; that is, the Office of Civil Rights. bullying of any children in America; school because of concerns for their I believe things will get better, but that she would have made some affir- safety. We know in America that this they will not get better automatically mation that she would be a champion kind of harassment has no place in our because we hope for them, because we for their equality, for their dignity, classrooms, no place in our schools, pray for them; they will get better be- and the Office for Civil Rights would and it has no place anywhere in our cause we are a country that loves our continue its needed work, but she country, but it is all too common and children, and love is not a being verb. didn’t. all too often unaddressed. It demands action. We see time and I hoped she would stand up and say: I would like to talk about a parent. time again that children aren’t seeing We have violence on our college cam- Her name is Wendy Walsh. The harass- the kind of action where they are, and puses; that right now silence is allow- ment against Wendy’s son Seth began thank God right now there is a place ing insidious realities to exist. We have for him in the fourth grade when his for parents to go. They can appeal to a problem with reporting rates. We classmates suspected he was gay. By the Federal Government. The Depart- have a problem with reports being the time he reached the seventh grade, ment of Education, the Office for Civil made and not being taken seriously; the bullying, the verbal and physical Rights, has to be led by someone who that she could have used that as an op- abuse in person and online was so bad takes this seriously, who sees the calls portunity to speak against what is hap- that he was afraid to walk home from for justice for lesbian, gay, bisexual, pening to an unconscionable level of school. This child lived in terror of just and transgender youth as valid, that young women on college campuses— going to class. After one bullying inci- sees the crisis, that sees the problem. something that we would never want to dent in a local park, his mom says that It was widely reported, when Mrs. have happen to any of our daughters; 13-year-old Seth came home from DeVos’s nomination was made—widely to make a pledge that the Office for school. She talked to him. He asked to reported—that her family had given Civil Rights would not just continue borrow a pen from his mom. That con- support, significant support, and that campus advisories but would fight to versation will be the last time she she herself gave significant support to hold those college campuses account- would see her son alive. The next time discriminatory extremists, dangerous able, but she didn’t. Wendy saw her son Seth, he had hanged and hateful groups that promote ideas For students and families across the himself on a tree in their backyard. that say a child who is gay is somehow country, this may not be a celebrated

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.089 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S739 part. We may not all know in America struggles and the sacrifice. I reap the probably enduring some things I never that the Department of Education has harvest from Ruby Bridges and her had to endure. They are probably wor- an Office of Civil Rights, but for so courage. ried about their safety. They are prob- many families with children on college Our country has come so far. There is ably being put in a situation where campuses and preschools, grade so much love, so much more recogni- they are questioning their worth. They schools, high schools, the Office for tion of the dignity of all children. But, probably feel alone and isolated. My Civil Rights has been the difference— come on, we are not there yet. Children prayer is that this child knows that, the difference makers between injus- are often harassed because they wear a even though it isn’t perfect and it tice and justice, the difference makers head scarf. I recently heard about a won’t be easy, that child somehow between violence and security, the dif- Sikh child wearing a turban who was knows that they are not alone, that ference makers between who we say we still harassed; a mother concerned that there will be people fighting for them. are as a nation, liberty and justice for her kid, no worse than another but I was taught, in the words of a great all, and experiencing a terrible, awful seems to get suspended more for the poet, that there is a dream in this land lie. same behavior. As to children with dis- with its back against the wall; to save I feel compelled to speak out on the abilities, parents are still concerned the dream for one, we must save it for vital importance of the Education Sec- that even though we have affirmed all. retary, regardless of party, regardless their rights and dignities in law, those May the Office of Civil Rights in the of background. I feel a personal respon- laws aren’t being carried out like they years to come remain vigilant, remain sibility to assure that if I cast my vote should. strong, and remain expansive in their as a Senator, that whoever takes that God, there are young women on a col- efforts. I have no confidence it will do office will be tireless in the defense of lege campus today who rightfully ques- so under this person and, therefore, I all the rights, privileges, and liberties tion whether their campus is com- oppose this nomination. Thank you of our students because I personally mitted to eradicating sexual violence. very much. stand here today because of the role of With all of these things going on, we I yield the floor. the Federal Government in enforcing have to have champions here. We have The PRESIDING OFFICER. The Sen- civil rights laws. I stand here today be- to have people who understand that ator from Washington. cause of the courageous Federal laws public education is a right for every- Mrs. MURRAY. Mr. President, I wish that were put in place—bipartisanship, one. Some of the most profound battles to thank the Senator from New Jersey, Republicans and Democrats, great bat- in our country have been fought to get who has given us such a compelling tles on this floor for civil rights and equal access for children to school, so reason to remind all of us why we are disability rights, for title IX protec- that they can stride toward that school here at almost midnight and why we tions for women. I am a product of door knowing that they will get a qual- all intend to keep talking and keep these kinds of fights over the Federal ity education, free from bullying, free working and keep trying to convince role when it comes to civil rights. I from harassment, free from the binds one more Senator to say no to this stand here today because of our collec- of hatred or discrimination that might nominee. He reminds us of the basic tive history. I stand here today because hold them back in their lives. principle in this country that our fore- of our dramatic history. I believe in Now, I have faith in who we are as a fathers dreamed of and that they put States’ rights. It is enshrined in our Nation. I know we are a loving country into our Constitution and that we have Constitution, but I cannot ignore the and a good country, but we haven’t got fought for, which is that every child role of the Federal Government. Brown it perfect yet. So I stand here today in should have dignity and every child v. Board of Education is perhaps one of opposition to this nomination because should have a public education. That is the most famous Supreme Court cases I believe we need a champion. I wish I why it is so important that we have affirming the Federal role. had a chance to meet with the nomi- someone who leads this agency who I hung a picture in the front of my nee. I wish the hearings had been shares that conviction. I really want to office. I come out of my office into longer. I have never seen them so thank Senator BOOKER for his tremen- where my assistant sits, and the first rushed. But there is too much at stake dous words tonight. thing I see on the wall in front of me is right now. There are too many prob- As the ranking member on this com- a Norman Rockwell painting. There is lems that still exist. mittee, who has been here throughout this young girl in that painting, and Sadly, there still is a need for an Of- the Friday debate and through the 12 she is striding proudly to school, and fice of Civil Rights in the Department hours of debate we have had tonight behind her are racial epithets, a to- of Education that is aggressive when it and we will continue to have up until mato smashed against that wall. She is comes to the defense of freedom and the vote tomorrow, I have had the op- a little girl—God, her courage—named our rights. I did not hear such a com- portunity to hear many Senators speak Ruby Bridges. There are these White mitment from this nominee. There are passionately. Senator TESTER was here men surrounding her walking just as millions of parents who didn’t hear her on Friday. He is from a very rural tall, and they are escorting that girl to speak to the concerns they have about State, and he was speaking about how school. There is clearly hate swirling their gay child, the concerns they have important it is to not have funds around. You can look at that picture, about their child with a disability, robbed away from the public education and you can feel it. But I don’t care their concerns about their children systems in those small little school what your background or religion is, going off to college. We did not hear districts to go to students with vouch- you look at Norman Rockwell’s paint- that commitment. In fact, what we ers for private schools that don’t exist ing—as I make sure I do every day as I heard was a belief that States can fig- in those rural communities. He talked leave my office as a U.S. Senator and I ure it out. There was a failure to com- about the importance of our public see that picture—and I am reminded mit to even the most basic continuance schools and our public school institu- that sometimes when there is hate, of the Office of Civil Rights. tions in a slightly different way than sometimes when there is violence, I am glad I hung that picture in front the Senator from New Jersey did. He sometimes the State doesn’t get the of my office. I may not be able to get talked about how, when his grand- job done. Sometimes, the most vulner- what I consider an open hearing and parents settled in Montana, instead of able child needs a little help—not just answers to these questions because I being ranchers like those before them, from a loving teacher or a loving par- walk by Ruby Bridges. I feel I owe her they were wheat farmers. There were ent but from a government that stands a duty to not vote for someone who has cattlemen and wheat farmers who were behind her and says: You matter. been silent on the issues that are so fighting and at odds with each other in I can’t stand here today without rec- critical to this country being who we the community, and where they came ognizing that this is my history, that say we are. together was in their schools, because this is your history, that it is all of our There is a child, I think, who won- both cattlemen’s kids and ranchers’ history, and that our Federal Govern- ders right now. Somewhere in America, kids were in the same school, and they ment has a role to play. I drink deeply that child is wondering if this country played basketball together, and it from the wells of the freedom and the will prove itself true to them. They are healed the wounds of that community.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.090 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S740 CONGRESSIONAL RECORD — SENATE February 6, 2017 The Senator from New Jersey just pleas. Why and how? Because these that it is in, from the teachers who are talked about the Office of Civil Rights people saw this nominee at this hear- there, from the parents who participate and why it is so important—that no ing, and their expectations for our edu- as school board members and teacher matter what we look like or what this cation system in this country are high. volunteers. It is the driving passion of country stands for, this country says They want someone leading the De- our communities. It is not something you have a right to an education. It is partment of Education who knows the people want ripped away, torn apart, or in our public schools where kids from issues, who believes in public edu- degraded. That is why this nominee has all strata and all economic lives, with cation. They were appalled at what touched a nerve across the country. different backgrounds and different they heard, and they said no. I heard from Mrs. Rebecca colors and different religions and dif- Mrs. Mary Ann Whittaker, a woman Blankenship. She lives in Gig Harbor. ferent thoughts come together and heal from Longview, WA, a small rural com- She said: our communities. munity: Dear Senator Murray, That is what is at risk with this Dear Senator Murray, I am writing to urge you to oppose the nominee, and that is why so many Sen- As an educator of 30 years and a mother nomination of Betsy DeVos as the Secretary ators on our side have said: To one who has helped to raise and educate five chil- of Education. As a certified teacher who has more Republican Senator, send this dren, I was shocked and dismayed by the taught for many years in Public schools and nomination back to the President who lack of knowledge and depth of under- as a parent of two young girls in the Penin- sula School District, I find DeVos to be com- campaigned saying: Let’s heal this Na- standing that Ms. DeVos has about edu- cation. Our education system needs a leader pletely unqualified for the position as she tion; let’s bring people together; send who can be a true leader in this arena, with has no public school experience, has actively us a nominee who actually does that. the background and backbone to do what is funneled money away from schools in need Again, I want to thank the Senator in the best interest of the children of this and lacks the fundamental educational back- from New Jersey and all of the Sen- great country—please do everything in your ground to make decisions that impact mil- ators who have been here to speak power to make sure this woman is not al- lions of students. about how important it is to have a lowed to gain this position. Thank you—on There is no issue more important to me public education. behalf of thousands of children and educators than our education system. I wouldn’t be in the Senate tonight in the state of Washington!! I heard from Ms. Carol Pelander, a without a public education. I come I heard from Joel Puchtler of Seattle, former teacher, from Tacoma, WA: from a family of nine, and my father, WA. He said: As a retired public school teacher, who who was a World War II veteran, got Please do everything in your power to stop continues to work part-time training new sick when I was in junior high. He was DeVos from becoming Secretary of Edu- teachers, I am extremely concerned about diagnosed with multiple sclerosis. My cation. She is transparently incompetent, the potential damage that will be done to mom had been at home taking care of and will be destructive to the nation’s edu- public education if Betsy DeVos is confirmed seven kids. She didn’t have a job. She cation system through both intent and inep- as the Secretary of Education. Our mission as educators includes teaching our kids how didn’t have skills. We didn’t know what titude. Demand a competent appointee from the president-elect. to live and work together effectively in a di- was going to happen to us. But we had I am an educator. My wife is an educator. verse community, and the proposals brought a public education system that was My grandfather was the first Commissioner to the table by Ms. DeVos to privatize edu- there for us. Our country was there for of Education (so called at the time) under cation will further divide us as a community us with a public education system—not the Johnson administration. He would be and significantly reduce our already limited with a voucher that said you can go to thrilled to see a competent woman in this resources. She is not qualified for this impor- a private school that we couldn’t afford appointment, but categorically horrified at tant leadership position. even with it or to be able to get one, the possibility of DeVos, just as I am. I have been in the Senate for a long but a public education school in our These are the kinds of reactions I am time. I have gotten a lot of emails, a community that gave the education to hearing from my constituents. Why? lot of phone calls, talked to a lot of each one of those kids in my family— Because we had this nominee come be- constituents, and been to a lot of com- all seven of us. Then it allowed us to go fore our committee. We were allowed 5 munity meetings. These thousands of on to college with Pell grants and stu- minutes each to ask her questions. She letters that we are getting are not dent loans, because our government has a very complex financial back- form letters. These are letters of people was there for us, even though my dad ground. We were not allowed to look at telling stories. They are passionate was sick and my mom had to stay those financial background papers be- about their public schools. They have home and take care of him. We had fore we had a chance to talk to her, so spoken louder about this nominee than food stamps for a while, and it was we only had some information. The any other, saying: This is not what I tough, but we made it because this only thing we could do was ask her want for my country. country had a commitment to public questions about what she believed in. I have heard from many people in our education for every student, no matter Her answers were astounding, and rural communities who are so con- where you lived or where you came many people saw them, whether it was cerned about privatizing our public from or what challenges you had at about IDEA and the ability of children education system because they don’t home. with disabilities in this country to get have a private school to send their kids That is why I am here in the Senate, an education, whether it was about pol- to, even if the voucher that she es- and that is why many of us are here in icy debates we are having on edu- pouses were enough to put them into the Senate. It is why this nominee has cation, or what she saw as her drive one. sparked such an interest across this and her ambition. People in this coun- I grew up in a rural community. I country. Like many Senators—I think, try want someone who feels passionate grew up in the small town of Bothell. like all Senators—my office has been about public education, not someone Coming in to town, I remember the inundated with mail and phone calls who has used her vast amounts of sign that said 998 people, and I remem- and emails and rallies and people say- wealth and her experience to go after ber the day it said that 1,000 people ing: Please, stop this nominee, and what she calls an education system lived in Bothell. Our schools were the send us someone who can actually that is incompetent and, in her opin- heart and soul of our community. It is work for all of us, because education is ion, needs to go away. Her drive has where your met your neighbors. It is a critical piece for each one of us. It is been to take the funds out of public where you sent your kids to play bas- across the country. education and go for private, for-profit ketball. Everybody showed up for the I want to share some of the letters education. football games and the music concerts. that I have received about this nomi- I can understand that a woman who It was our community. We loved it, and nee. I have received 48,000 pieces of is a billionaire with a lot of money in- we owned it. Did we say it was perfect? mail opposed to Mrs. DeVos; the num- vested in companies wanting compa- Did my parents say it was perfect? No. ber of pro-DeVos emails and letters is nies to succeed, but our public edu- But it was the heart and soul of that in the teens. I have 48,000 pieces, and cation system is not a company. Our community, and they did not want to they are all personal. These aren’t rote public education system is something lose it, just as so many other parents emails and letters; these are personal that is derived from the communities in this country want a Secretary of

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Her past actions and beliefs clearly come from, is not denied a public edu- an elected official before— demonstrate that she is not an advocate for cation. They can learn to read and By the way, many of my letters start our public schools. It would be so damaging write and communicate and get the with that. if we move in the direction of privatizing skills they need to be successful. They I have never contacted an elected official public education. can dream who they want to dream to before but with the changes happening in our Please consider opposing the nomination of Betsy DeVos in the best interest for our pub- be and be there. country I feel the need to now. I’m writing We do not want to go backward, and specifically to you today about the nominee lic school system. for Secretary of Education, Betsy DeVos. Let me read another letter from Ra- we are one vote away from changing As a middle school teacher for Seattle Pub- chel Guim of Seattle. She says: where we are on this nomination, send- lic Schools I work hard every day to ensure As a committed public school teacher, I be- ing this back to the President, and ask- that my students get the best education pos- lieve in our neighborhood public schools, ing him to please send us a Secretary sible to be successful in their future careers which open their doors to all children, be- of Education who can get the votes in and lives. I am concerned that Ms. DeVos cause unlike Betsy DeVos, I see them work the Senate, who will be an Education does not have the experience necessary nor for children and their families every single the best intentions for our nation’s students Secretary for all people, from all walks day. We as a community are being under- and schools to be our Secretary of Edu- of life, from our rural communities and mined by charters, vouchers, for-profit cation. I believe she would put profits and our urban communities, no matter who schools and online schools. Precious tax dol- money ahead of students, schools and teach- they are or where they come from. ers. I felt this way before her nomination lars are being wasted creating a parallel school system (when we’re already under- That, I think, is a great possibility and hearing and feel even more strongly after her would be a great outcome. hearing. I am worried about the damage she funded and not meeting the legal require- ments)! Our democratically governed I know that my colleague is on the could do to an already fragile public edu- floor and is ready to speak as well. cation system. I know I am not alone as vir- schools—we, the people you have vowed to tually all the colleagues I have spoken with represent—need your commitment and sup- Again, I have so many letters from so have expressed similar dismay with her nom- port. Choice is a disguise for school privat- many people—48,000—who have voiced ination. ization, nothing more. Stop the takeover of their opinion on this, more than I have Her record of attacking public schools and our democratically governed schools. . . . Do ever had with any other nominee in my not vote to confirm Betsy DeVos. funneling money to charter and parochial memory or any other issue in my mem- schools with little to no oversight is trou- And she goes on. Again, there are so ory. I thank all those who have written bling. Her lack of experience whatsoever many letters from so many people from in and spoken out and stood up for pub- with public education is also very disturbing. so many different walks of life, all con- Not only has she never been an educator or lic education. It is the foundation of cerned about having a Secretary of our democracy, and it is our responsi- administrator but she has never even at- Education who doesn’t represent the tended or enrolled her children in public edu- bility, our goal to continue that for cation. best values and the best beliefs of our them. A high quality, public education is one of country. Mr. President, I yield the floor. the most powerful tools a society has. Please Ms. Amanda Smith, a Kindergarten don’t allow someone with no experience and teacher, wrote to me and said: f who is fundamentally against public edu- Hello, MORNING BUSINESS cation to become the person in charge of it. I am a kindergarten teacher in a public el- I respectfully ask you and your colleagues in ementary school. I am very concerned about the senate to do what is right by our nation’s Betsy DeVos’ potential nomination as sec- students and reject Ms. DeVos as Secretary retary of education. As someone who never COMMITTEE ON FINANCE of Education. attended public school, didn’t send her kids Thank you again for your tireless service to public school, does not have an education to the residents of Washington. degree and has never taught, she hardly RULES OF PROCEDURE I have 48,000 letters. My staff handed seems like a fitting candidate for secretary Mr. HATCH. Mr. President, the Com- me a pile of them. They are all very of education. Can anything be done to stop mittee on Finance has adopted rules this nomination? similar. They are very heartfelt. They governing its procedures for the 115th are not just writing a rote letter to us. From Gina McMather, a teacher in Congress. Pursuant to rule XXVI, para- They watched the hearings, they lis- Port Townsend, WA: graph 2, of the Standing Rules of the tened, they care about our public Dear Patty Murray, Senate, I ask unanimous consent that As a recently retired public school teacher, schools, and some of them are Trump the accompanying rules for the Senate supporters. They want this President I especially urge you to fight against Betsy DeVos’s nomination for education secretary. Committee on Finance be printed in to support our public schools. the RECORD. They did not in this past election She is not in any way qualified for the job. Her commitment to charter schools com- There being no objection, the mate- have a debate about whether we should bined with a lack of experience with public rial was ordered to be printed in the privatize public schools. We talked schools could destroy our nation’s edu- RECORD, as follows: about the debate—and I know my can- cational system. COMMITTEE ON FINANCE didate didn’t win. But in this country, Public school teachers provide an edu- I never heard a debate about taking cation for all of our students. Teachers need I. RULES OF PROCEDURE public education away, about more respect and remuneration. We need the Rule 1. Regular Meeting Days.—The regular voucherizing our public schools, about very best college graduates to be attracted meeting day of the committee shall be the to the profession. I have known so many second and fourth Tuesday of each month, having someone who is the top per- dedicated and effective public school teach- except that if there be no business before the son—the Secretary of Education— ers during my 25-year career and those of us committee the regular meeting shall be espouse positions that are so fun- retiring baby boomers need the best succes- omitted. damentally opposed to what I grew up sors possible. They need your support. Don’t Rule 2. Committee Meetings.—(a) Except as with and obviously to so many parents, let this undermine our efforts. provided by paragraph 3 of Rule XXVI of the teachers, students, family members, Thank you again for all your [work]. Standing Rules of the Senate (relating to superintendents, people involved in What I hear from people over and special meetings called by a majority of the schools, and business leaders. They are over again is that they want somebody committee) and subsection (b) of this rule, leading our public school system in committee meetings, for the conduct of busi- writing to us now because they saw the ness, for the purpose of holding hearings, or same thing we did in this hearing. this country who actually believes in for any other purpose, shall be called by the Let me read a letter from Trina public schools, who has the education, chairman after consultation with the rank- Whitaker from Mukilteo Schools. She the experience, the compassion, the ing minority member. Members will be noti- says: willingness to understand what our fied of committee meetings at least 48 hours

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