When U.S. Secretary of Education Betsy DeVos came into office, many in the education community were terrified the billionaire school choice advocate would quickly use her new perch to privatize education and run roughshod over traditional public schools.
Maybe they shouldn鈥檛 have been quite so worried. Nearly six months into her new job, a politically hamstrung DeVos is having a tough time getting her agenda off the ground.
鈥 Key Republicans in Congress have already dealt by giving them the cold shoulder in the budget process.
鈥 She鈥檚 way behind in
鈥 State chiefs and local superintendents complain about mixed messages coming from her department on just how free they are to set their own course on policy.
鈥 One of her closest allies on Capitol Hill has taken a key member of her team to task over implementation of the Every Student Succeeds Act, arguably the most important K-12 item on the department鈥檚 plate.
鈥 Protestors continue to dog her public appearances, making it harder for her to take advantage of one of the most important tools in her arsenal: the bully pulpit.
And DeVos, who was approved by the Senate after a bruising confirmation process, remains a polarizing figure far beyond the Beltway.
Some local school leaders continue to question DeVos鈥 qualifications for her job, given that she鈥檚 never worked in a public school and never sent her children to one.
John Skretta, the superintendent of the 2,400-student Norris School District in Firth, Neb., doesn鈥檛 detect in DeVos 鈥渁 desire to learn and grow an understanding of public education,鈥 including in rural districts, like his. What鈥檚 more, he said, district leaders don鈥檛 have a clear idea of what鈥檚 going on at the agency that鈥檚 supposed to provide them with funding and guidance.
鈥淭he opacity of the DeVos era and the Department of Education is troubling,鈥 Skretta said. The lack of communication fuels educators鈥 worst fears about the secretary鈥檚 agenda, he said.
But Arizona state Sen. Debbie Lesko, a Republican who has championed private school choice legislation, said DeVos鈥 critics are uncomfortable that she wants to shake up the K-12 landscape and give more power to parents and students.
鈥淚t would be easier to go along with the status quo, but the status quo isn鈥檛 always working,鈥 said Lesko, adding that it鈥檚 far too early to judge DeVos鈥 effectiveness. 鈥淕ive her a chance, she鈥檚 only been in there a few months.鈥
School Choice Snub
On the campaign trail, President Donald Trump made just one big education pitch: a $20 billion federal voucher program. In DeVos, a GOP donor who has dedicated decades of her life and millions of dollars of her family鈥檚 fortune to advance school choice, he picked an education secretary who seemed ready to run with that goal.
But DeVos is having trouble getting momentum for even a limited choice initiative, including among members of her own party.
Earlier this month, the House panel charged with overseeing education funding snubbed DeVos鈥 most important asks so far: using an education research program to push school vouchers, and allowing Title I dollars to follow students to the school of their choice.
The education secretary is undaunted, pointing out that the Senate has yet to craft its spending bills. 鈥淲e鈥檙e committed to working with the Congress on these budget items and issues, so it鈥檚 an ongoing process,鈥 she said at a recent press conference.
But DeVos may not have better luck on the other side of the Capitol, Sen. Lamar Alexander, R-Tenn., the education chairman said.
鈥淣ot all Republicans support federal dollars for vouchers,鈥 Alexander said. 鈥淚 think school choice advocates, and I鈥檓 one of them, have made a lot more progress state-by-state and community-by-community than in Washington. I think it鈥檚 more difficult here.鈥
The Trump administration has also hinted that it will pitch a federal tax credit scholarship, which would allow individuals and corporations to get a tax break for donating to scholarship-granting organizations. But that plan, which could be attached to a broader effort at overhauling the tax code, has yet to be rolled out. And time is running short to get it over the finish line this year.
鈥淭hey鈥檙e losing their window to get this done,鈥 said John Bailey, who worked on education policy in the White House during President George W. Bush鈥檚 tenure. 鈥淲e don鈥檛 have all the details we need.鈥
Sluggish Hiring
One potential stumbling block to getting a tax credit initiative off the runway: There aren鈥檛 yet enough top-level political appointees at the agency to think through the policy and sell it on Capitol Hill.
DeVos remains the only official at the department who has been confirmed by the U.S. Senate. So far, the White House has nominated just two people to fill key subcabinet slots: Carlos Mu帽iz, who worked for former Florida Gov. Jeb Bush, as general counsel; and Peter Oppenheim, a former Alexander aide, to head up congressional affairs. Jim Blew, who advised on education programs at the school choice-friendly Walton Foundation for a time, is expected to be tapped as assistant secretary for planning, evaluation, and policy analysis.
But beyond that, the department has had bad luck with recruitment. Allan Hubbard, an economic adviser in President George W. Bush鈥檚 administration who was slated to serve as deputy secretary, dropped out because it would have been a financial burden to comply with ethics considerations. And Republicans in Congress nixed DeVos鈥 top pick for assistant secretary for elementary and secondary education, former New Mexico schools chief Hanna Skandera, because of her championship of the Common Core State Standards.
The thin ranks at the department have implications far beyond the Beltway.
鈥淚 think it鈥檚 a huge issue for states,鈥 said Chris Minnich, the executive director of the Council of Chief State School Officers. 鈥淲e would be supportive of them getting staffed up.鈥
Jason Botel, the acting assistant secretary of elementary and secondary education is 鈥渨orking very hard, but he鈥檚 only one person. We need more confirmed positions over there,鈥 Minnich said.
That may be easier said than done. GOP education experts with experience at the state and federal level say privately they simply don鈥檛 want to put in long hours for a controversial secretary who doesn鈥檛 seem to have much of an agenda beyond pushing school choice.
However, Robert Behning, the House education chairman in Indiana, who has known DeVos for years and received campaign donations from organizations she鈥檚 helped to finance, said he doesn鈥檛 think the slow hiring can be laid at her feet, since it鈥檚 the White House鈥檚 responsibility to staff agencies.
鈥淭rump was a nontraditional candidate, and I don鈥檛 think he had the advance team to be ready to govern the day that they were sworn in,鈥 Behning said. 鈥淧art of people鈥檚 criticism of her is not related as much to her as it is to the administration.鈥
For now, as a stop-gap measure, a lot of roles are being filled in an 鈥渁cting鈥 capacity, without official Senate sign off. And that comes with its own set of problems.
Candice Jackson, the acting assistant secretary for the civil rights, has become a political lightning rod, thanks in part to comments to the New York Times in which she claimed that 90 percent of college sexual assault cases involve alcohol and breakups. Jackson quickly apologized, but Sen. Patty Murray, D-Wash., top Democrat on the education committee, still called for her resignation.
Even before that gaffe, Jackson raised red flags for some in the civil rights community when she decided to stop investigating individual complaints for evidence of systemic discrimination. The department has said this will result in getting more complaints resolved at a faster clip.
ESSA Pushback
Another temporary political aide, Botel, is getting grief for what some see as a heavy-handed approach to ESSA implementation.
DeVos spent her first three months hitting hard on the theme of local control. Most state officials thought getting their ESSA plans approved by the Education Department would be a cinch. But in the first round of feedback letters, DeVos鈥 team told states that their goals for student achievement weren鈥檛 ambitious enough. And the department questioned whether states could use Advanced Placement tests and dual enrollment to figure out whether students are ready for college and the workforce. Those letters generated swift pushback from Minnich of the CCSSO, and others.
DeVos and company doubled back, saying states don鈥檛 have to change their plans based on the feedback. But now, state officials say they鈥檙e confused about what to expect from the Trump team when it comes to the new law.
Brian J. Whiston, the state superintendent in Michigan, said the secretary has been all about state flexibility, telling chiefs in a closed meeting that 鈥渆ven if you don鈥檛 know all your answers in terms of your plan, file it anyway,鈥 Whiston said.
鈥淲e did what the secretary told us to do, and now we seem to be getting beat up,鈥 Whiston said.
What鈥檚 more, the back-and-forth may have strained the DeVos team鈥檚 relationship with a key set of allies: congressional Republicans.
鈥淲e tried to liberate [states] with this new law, and now we have language coming out from the Department of Education that suggests they better slow down because the department is going to start telling them what to do again, playing 鈥楳other may I?鈥欌 Alexander said. 鈥淚 want to nip in the bud the idea that somehow it鈥檚 business as usual in Washington.鈥
DeVos has arguably been able to do more鈥攁nd get more Republicans on board with her agenda鈥攐n higher education. For example, she and her team have been slowly scaling back, pausing, or moving to overhaul Obama-era student financial aid regulations.
But the department has a lot more power over higher education than it does over K-12, thanks in part to ESSA, which sought to crack down on the secretary鈥檚 role. And DeVos鈥 top staffer on the issue, Jim Manning, the acting undersecretary, has deep experience in Washington higher education circles.
Spotty Messaging
DeVos also has struggled to take advantage of the visibility of her position.
After a divisive confirmation process, in which she was painted as an enemy of public education, DeVos sought to quell her critics by visiting a traditional public school in downtown Washington. But protestors tried to block her from entrance.
She also faced angry demonstrators at a school in Bethesda, Md., an affluent Washington suburb, and during a visit to rural Van Wert, Ohio, with one of her loudest critics, Randi Weingarten, the president of the American Federation of Teachers.
And after she made a statement that called historically black colleges 鈥減ioneers鈥 of school choice, ignoring their Jim Crow roots, students at Bethune-Cookman University in Florida turned their back on her during a commencement speech,
DeVos is now guarded by federal marshals, a switch from past security arrangements. And her staff often doesn鈥檛 put appearances on her schedule until the last minute to thwart potential protestors.
That may be part of the reason DeVos seems to prefer friendly venues鈥攍ike a recent gathering in Denver of the conservative American Legislative Exchange Council. And many of her school visits have highlighted private school vouchers or charter schools. But such a strategy may not help her cause in the long run.
鈥淚 think she鈥檚 talked a lot to the choir,鈥 said Christopher Cross, who served as an assistant secretary at the U.S. Department of Education during President George H.W. Bush鈥檚 tenure, and now runs an education consulting firm. 鈥淚 think there鈥檚 a whole congregation out there that she has not reached.鈥 If DeVos reaches out to people who aren鈥檛 obviously in her corner she may 鈥渢ake some slings and arrows, but she could get people on board.鈥
But Behning, the long-time DeVos acquaintance, said it鈥檚 hardly unusual for a cabinet official to talk to groups that share an administration鈥檚 agenda. 鈥淎rne Duncan never spoke at ALEC,鈥 he said, referring to President Barack Obama鈥檚 longest-serving education secretary. He notes that DeVos will likely visit more districts in coming months.
And, Cross said, there鈥檚 still time for DeVos to right the ship when it comes to her K-12 agenda.
鈥淭here could be a reset button here,鈥 he said. 鈥淏ut it鈥檚 going to take some thoughtful strategy to do that, and she鈥檚 got to get some people ... who she listens to who are not the usual suspects from her viewpoint.鈥