*** VIDEO of Senator Murray’s questioning HERE***
Washington, D.C. — Today, at a Senate Health, Education, Labor, and Pensions (HELP) Committee hearing to consider pending education and labor nominations, U.S. Senator Patty Murray (D-WA), a former chair and senior member of the HELP Committee, questioned Deputy Secretary of Education nominee Dr. Penny Schwinn, and Assistant Secretary for the Office for Civil Rights (OCR) nominee Kimberly Richey. Senator Murray pressed Dr. Schwinn on whether she’ll ensure the National Center for Education Statistics (NCES) annual Condition of Education report, which is required by law and is overdue, is finally submitted—and NCES fulfills its requirement to administer the National Assessment of Educational Progress, (NAEP). Senator Murray pressed Ms. Richey on how firing half the staff at OCR could possibly help reduce the 25,000 case backlog.
[PENNY SCHWINN]
Senator Murray began by asking Dr. Schwinn about the Condition of Education report which the Department is required by law to publish: “For nearly 160 years, the federal government has published the Condition of Education report, which is really critical to help us understand how students and schools are doing. But this year, for the first time ever, the National Center for Education Statistics missed its June 1 deadline to publish the report, which is actually required by law. This happened after the Department fired almost all of the National Center for Education Statistics staff and canceled contracts that was needed to complete that work. Now all we have is a bare bones ‘highlight’ document with no explanation to Congress or to the public. And that is really unacceptable—students, families, teachers all deserve to see a full report. And this is not just about one report. NCES is also responsible for administering the National Assessment of Educational Progress, NAEP, which you referred to Dr. Schwinn, also required by law as you know. I have written the Secretary on this issue and not yet received an adequate response. And the Department has not yet provided a promised briefing to me on NAEP. So, Dr. Schwinn I want to ask you, if you’re confirmed, will you ensure that NCES finally, and fully, and promptly produces a complete Condition of Education report, and has the staff that it needs to carry out all of its statutory required duties, including NAEP?”
Dr. Schwinn responded, “If confirmed, I will absolutely ensure that we follow all of the laws that you all have passed and certainly want to reinforce our commitment to NAEP and its full execution.”
“Clearly, the decimation of NCES has compromised its ability to provide the data that we in Congress and the public rely on. So, I hope you will work to see that those cuts are reversed. Cause we can’t afford to fly blind when it comes to knowing how our students and our schools are doing. I look forward to working with you on that,” said Senator Murray.
Senator Murray turned to questioning Ms. Schwinn about the Department’s low rate of review for schools identified as needing additional support, following complaints: “Dr. Schwinn, the bipartisan Every Student Succeeds Act, which we wrote on this committee under Senator Alexander, I helped write that as well with him. It requires states to identify and support their most struggling schools. But according to the GAO now, less than half of the schools that were identified for additional support have compliant improvement plans. The Department has only reviewed three out of five states total so far this year—and with no plans for further oversight. And it’s really hard to imagine that the rate of review improves because of the massive staff cuts we’ve seen across the Department. So, I wanted to ask you what is your proposal to improve the Department’s rate of review—and therefore help our nation’s struggling schools and students?”
“I think the most important thing in your question is to say that there must be a commitment to showing our most struggling schools improve because our students deserve that. If confirmed, one of my top priorities is going to be looking at any of the departments within the Department of Education and ensuring that we know our statutory obligations, certainly to Congress, that we have the most efficient practices in place, and that we meet our obligations. And I look forward to working with you on any of those,” replied Dr. Schwinn.
“Would you commit to publicly reporting the Department’s monitoring findings and state responses, so Congress, and educators, and students, and families can see where struggling schools are?” asked Senator Murray.
Dr. Schwinn answered, “I would certainly want to discuss that with Secretary McMahon, but I would absolutely want to work with your office on that project.”
[KIMBERLY RICHEY]
Senator Murray continued her questioning by addressing the backlog of cases at OCR, “Ms. Richey, do you believe that the staff at OCR are important to protect students’ civil rights?”
“I do Senator,” replied Ms. Richey.
“And do you believe that every complaint must be investigated in a timely way?” asked Senator Murray.
“I do,” responded Ms. Richey.
Senator Murray inquired, “Well, earlier this week, Secretary McMahon, appearing before another committee, told me the current backlog is 2,500 cases. The Department later clarified to me that it is actually 25,000 backlog. This administration has fired more than half of the staff at OCR and President Trump is now asking in his budget to slash that $49 million next year. So, explain to me how those firings and that funding cut will help reduce that backlog? I want to understand how you’re going to square that circle.”
Ms. Richey avoided the question, “As you can imagine, as a nominee I do not have access to information with regard to the decisions that are being made at the Department. I am not in communication with OCR leadership or the Secretary. One of the reasons why this role is so important to me is because I am always going to advocate for OCR to have the resources it needs to do its job. I think that what it means is that I am going to have to be really strategic, if I’m confirmed, stepping into this role, helping come up with a plan where we can address these challenges.”
“I think it’s pretty clear if you have a 25,000 case backlog, and you fire half the staff and cut the budget by 36 percent, it’s going to be pretty hard to get those cases through,” Senator Murray concluded.
A senior member and former chair of the HELP Committee, Senator Murray has championed students and families at every stage of her career—fighting to help ensure every child in America can get a high-quality public education. Among other things, Senator Murray negotiated the bipartisan Every Student Succeeds Act (ESSA), landmark legislation that she got signed into law, replacing the broken No Child Left Behind Act. As a longtime appropriator, she has successfully fought to boost funding to support students and invest in our nation’s K-12 schools, and she has secured significant increases to the Pell Grant so that it goes further for students pursuing a higher education. Senator Murray also successfully negotiated the FAFSA Simplification Act, bipartisan legislation to reform the financial aid application process, simplify the FAFSA form for students and parents, and significantly expand eligibility for federal aid.
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