SENATE HELP COMMITTEE HEARING BETSY DEVOS CONFIRMATION HEARING 1900 COMMITTEE ISO
Senate HELP with Betsy DeVos, nominee for Education
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SENATE HEALTH EDUCATION LABOR AND PENSIONS COMMITTEE
FULL COMMITTEE HEARING
Nomination of Betsy DeVos to serve as Secretary of Education
Witnesses Betsy DeVos
Grand Rapids , MI
19:00:00
DEVOS:
Actually, I believe there is a lot that has gone right in Detroit and in Michigan with regard to charter schools. And the notion that there haven't been accountability is just wrong. It is false news. If it is false news. It is not correct at all. The reality is that charter schools in Michigan have been accountable, fully accountable, to their overseeing bodies and to the state since their history, 122 --
BENNETT:
Why are there so many failing charter schools in Michigan?
DEVOS:
122 charter schools have been closed since charter schools came into existence in Michigan. the reality today is that students attending charter schools in the City of Detroit are getting three months on average more learning than their counterparts in the traditional public schools. The recent legislation that was passed now actually brings all schools in Detroit under accountability, including the traditional schools. here before there has never been a traditional public school that has been closed due to poor performance.
And so finally, there -- for the people of Detroit, there is accountability across the board and I'm pleased and thankful that..
BENNETT:
I'm out of time, and I apologize. I would like to say this, Mrs. DeVos. Thank you for your willingness to do this. And I would like to invite you to Denver to the Denver public schools, if you are willing to come, to see what we are working on there.
DEVOS:
I would love to do that.
ALEXANDER:
Thank you, Senator Bennett. Senator Young
YOUNG:
Thank you, Mr. Chairman. And Mrs. DeVos, thank you so much for putting yourself forward for this position. I think you will make a fine secretary of education.
I would like to bring up to your attention something we discussed in our office. And we spent quite a bit of time talking about teachers. I think you actually started talking about teachers. it was encouraging here today in your prepared remarks, you said we are blessed beyond measure by educators who pour themselves into their students. I share with you -- I am a father of four young children, age 10 and under and I have really come to appreciate how essential it is to have prepared teachers who are empowered to do their very best work and immersed in an atmosphere that is supportive.
That is my objective in part in sitting on this committee is to try and play a constructive role in that process, hopefully working with you. My wife, her family is full of teachers and in fact, a number of them are still teaching today in a low income town in Indiana. Paoli, Indiana.
I would like to look to the evidence. And I am always open to the evidence from all comers. But there is a 2007 study, all that data by McKenzie and company, they examine education systems all around the world to try to figure out what works. What makes for an effective education environment.
And it wasn't the amount of money spent for students. In fact, we tried that in this country. in 1970, the cost to educate a student was roughly $57,000 adjusting for inflation 40 years later, it is $165,000 per student. We know right there, it is not money. what McKenzie found that one of the most important factor is the quality of our teachers.
I feel very strongly that we need to remove barriers to quality teaching and enable and equip these teachers to do their very best work. And as someone who studied this issue extensively, I would like to get your thoughts on how we might do that.
DEVOS:
Well, thank you, senator. I did enjoy our meeting in your office as well, talking about these issues. I believe, first, let me restate again that a quality teacher cannot be -- the importance of a quality teacher cannot be overstated. I think that the opportunities abound for empowering and re-empowering teachers in a new way, unleashing and unencumbering them with a lot of rules and regulations today that really prohibit and inhibit creativity and innovation with their students.
You know, when you take a step back and look at how we deliver education today, for the most part, it has not changed significantly in a century and a half. and yet, the world has changed significantly.
And so I think that ere is a great opportunity. And this goes for teachers of all kinds of schools and all varieties, and that is to really empower them in a new way to do what they do best. And I know that in a couple of the states, when charter schools were actually introduced, the teacher, those that founded the charter schools were actually teachers who were wanting to express themselves in a different way and found a new opportunity to unleash from their previous circumstances.
YOUNG:
Thanks. And my remaining 90 seconds here, I will just emphasize that I spent the last four years in the house of representatives focused in the main on trying to ascertain whether or not our social support programs, those programs that are targeted towards helping the poor, the needy, the vulnerable, those who need a hand up in society, whether or not those programs are working. And what I discovered is there are roughly 80 of these programs, depending upon how you count them, of these 80, only 12 have ever been rigorously evaluated using the gold standard of evaluation, randomized controlled trial, and of those 12, only 1 has been found to meaningfully work and even that one was a bit complicated. So we need to apply evidence-based approaches to the education system in the same sort of way and just stare at the evidence and let it guide us accordingly, hopefully in a bipartisan way. And do I have your assurance that you will operate in this fashion? It's a threshold issue for me.
DEVOS:
Absolutely, Senator. I think it's a great opportunity. And if confirmed, I would look forward to working with you on that.
YOUNG:
All right. Thank you. ALEXANDER: Thank you, Senator Young. Senator Whitehouse.
WHITEHOUSE:
Thank you, Mr. Chairman. Good evening, Mrs. DeVos. Welcome to the committee. It is reputed at least that Sigmund Freud said there are times when a cigar is just a cigar. And there are times when charter schools are just charter schools.
And I think when that is the case, everybody in this room supports them. Certainly we have a very strong charter school community in Rhode Island. But there are times when it appears that charter schools are used as a wedge to attack public education, and the signals of that tend to be that failing charter schools are protected compared to failing public schools. the standards really aren't there. as I say in Rhode Island, we demand a lot from our charter schools. they succeed, very well, we are proud of them. But I have read that 80% of charter schools in Michigan are run by for- profit entities, and most of them perform below the state average, suggesting that a failing charter school is automatically better than a successful traditional public school in the view of that system. We in Rhode Island would not want to see that system move into Rhode Island or moved to a national level.
Second signal is when the charter school advocates fail to recognize, as I believe you have actually recognized, that there are ongoing costs and responsibilities that a traditional public school must continue to shoulder even as students leave with their funding for charter schools. And that is so clear a proposition now that the investment service Moody's has written about it and talked about the danger of a downward spiral because it actually adds costs when you have to maintain the public traditional school and the charter school until the system can adjust.
Can you assure us that your desire for charter schools is sincere, and that as secretary of education, you will steer away from efforts to deny traditional public school funding the funding they need to manage the charter school transition, and you will make sure that charter schools have to live up to their promise and you are not just going after traditional public schools when they are available?
DEVOS:
Senator, thank you for that question. Let me begin by again stating that my advocacy and my orientation is really around parents and students and their choosing the right education for their children. And so when parents choose charter schools, they are doing so because they think that it is a better spot for their children. You have my commitment that I will be an advocate for all great schools, no matter their form, their version. I will be an advocate for parents being able to make those choices. Because their --
WHITEHOUSE:
I get that, but the question is, do you understand when the parent make that choice and the child moves to the charter school and the funding moves with the child, that leaves a funding gap at the previous school that it can't instantaneously or magically fill. That is a real problem that Moody's.
DEVOS:
Indeed, and I think this is a good example of an issue that is best addressed at the state level by each state and acknowledging that each state will have unique circumstances in that regard.
WHITEHOUSE:
The problem is that it will be hard to address that at the state level if you make the federal department of education a crusader for moving kids to charter schools without any recognition of the legacy cost of the public school system.
If it is your intention to create a downward spiral, that is not solved by different state policies. that is where we need you as secretary of education to commit to recognize that there is this problem, and you will keep in mind not only the charter schools and the parents going there, but the traditional schools and the parents staying there.
DEVOS:
Well certainly, as we spoke in your office, I think that this is an issue, and is probably unique to some states more than it is to others. But again, I will refer back to the implementation of the Every Student Succeeds Act, and the opportunities states have to address the unique challenges of their states.
I will be a crusader for parents and students and the quality of their education, not for specific arrangements of how school is delivered.
WHITEHOUSE:
Let me ask you one other quick question. for 10 years you served on the board of the Acton Institute for the Study of Religion and Liberty which calls climate change unfounded and of undue concern.
You and your husband have contributed to the Thomas Moore Law Center, touting itself as the sword and shield of people of faith, which has repeatedly promoted fake science and even going so far as to represent the Dover Area school district of Pennsylvania and the lawsuit over the adoption of a biology textbook including intelligent design. The S in Stem, which everybody is for is Science. If school districts around the country tried to teach students junk science, will the Department of Education be with the students or with the political entities trying to force the junk science into the science programs?
DEVOS:
Well Senator, I think it is pretty clear is that the expectation is science is taught in public schools. I support the teaching of great science and especially science that allows students to exercise critical thinking and to really discover and examine in new ways.
And science to be supported at all levels.
WHITEHOUSE:
I would have liked, Mr. Chairman, to make inquiries about Pell grants to follow up on some of these answers which were directed towards the question but maybe not completely responsive to the question and to ask were the department will go on this nightmarish problem of college for profits that have taken these kids and robbed them of their education, robbed them of their money and set them loose with a piece of paper that is not worth anything.
But I believe this is -- and as I said, 'm very fond of you, and I'm very fond of this committee, and I don't recall ever being told that I could never have a second round in a hearing as a matter of principle before.
ALEXANDER:
Thank you, Senator Whitehouse.
I'm going to take my five-minute round now and go back to something that Mrs. DeVos brought up and something that several senators brought up. I want to talk about the law that the president called the Christmas miracle that this committee produced, which fixed No Child Left Behind. It was passed in December 2015 under the current administration.
The plans are, under the law we call ESA. Senator Franken may have been the first person to suggest that. But the plan -- no, I should have known better.
The department is planning, is on a path to save the states. every state will have to get their new title I plan and to get their federal money and their title 2 plan, which really a tremendous opportunity to take advantage of the innovation states that wanted the flexibilities we have given them. The current administration is on a path to say to states, get your plans in, we will approve them in the spring or summer. you can implement the plans in the school year that begins next year.
But will you, is it your intention to continue on that path, on that schedule?
DEVOS:
Absolutely, senator, and if there is any confusion or confusion -- questions around the transition, rest assured it will be a high-priority if confirmed for me to ensure that the plan is adhered to and that the law is implemented, as you all intended.
ALEXANDER:
My guess is in most of our states, plans are being circulated among various groups. And people will, if you are confirmed, people will be looking for a signal from you that you can get your plan in Spring or Summer, and we will try to approve it or consider it so that you can get onto the next year.
My second question is, as you can tell we have considerable differences of opinion here in the committee, and we resolved them well enough to pass a bill that I think 85 of us voted for -- we worked out some difficult issues. We even put what Senator Murray likes to call guardrails on the states, and we even put some guardrails on the secretary of education, which my colleagues on the democratic side may now think better of, that we did that. But would you -- what is your attitude toward respecting the authority that congress gives you and trying to implement the law according to the way it is written rather than trying to legislate from where you are? For example, you believe very strongly in giving low income parents more choices of schools.
We debated that and only got 45 votes for Senator Scott's bill and for my bill so it's not in a law. Would you then try to write a regulation to implement that through the US Department of Education even though congress couldn't do it?
DEVOS:
Senator, it would be my goal, if confirmed, to implement laws as you intended them. I acknowledge that it is your role to write laws and pass laws, and it would be the department's role to implement as intended. And that is my commitment. ALEXANDER: So you wouldn't be -- no matter how strongly you feel about school choice, for example, you wouldn't be prepared to mandate Washington State or Tennessee adopt a particular school of choice plan?
DEVOS:
No, I would hope I can convince you all of the merit of that in maybe some future legislation, but certainly not any kind of mandate from within the Department.
ALEXANDER:
The scholarship for kids legislation that I proposed that got 45 votes, which was not enough, and that Senator Scott proposed a more limited version that had to do with students with disabilities, basically said that -- I state, we can take $24 billion of federal dollars we now spend, $24 billion of the federal dollars we now spend, and a state could choose to take it's share of that money and turn it into $2,100 scholarships and let it follow the students through the schools that the state chose.
So if the state did not approve of dollars going to private school or religious schools, that were accredited, it didn't have to do that, or if they did that, which I think 25 do -- it could do that. So in that case, it would allow the states to make the decision and the parents to make the choice, rather than Washington giving an order you have to do school choice. Is that the kind of school choice proposal that you would support or not?
DEVOS:
Yes, absolutely. We have seen a wide variety of approaches to school choice including private school choice in the now 25 states in which programs exist. And so I think it would really be dependent on each state's political realities and culture and how they wanted to approach that opportunity and that option, or if they wanted to expand it. that would be another alternative as well.
ALEXANDER:
Thank you. Senator Baldwin.
BALDWIN:
Thank you, Mr. Chairman. I wanted to weigh in also that I hope we will get additional opportunity to ask questions.
I would like it to be not in writing but to give the American people the chance to hear the exchange and responses.
Mr. Chairman, I also associate myself with the concerns raised by our ranking member regarding the holding of this hearing prior to receipt of the Office of Government Ethics plan for elimination of possible conflicts of interest.
Mrs. DeVos, you had the chance to answer questions already about your family's indirect investments and for-profit companies, including finance and performance, which I understand to be a collection agency that specializes in student debt collection.
So I won't repeat those there, but let me get to the ethics agreement that will be forthcoming. what decision you will need to make is whether to take advantage of Section 1043 of the internal revenue code which allows you to defer capital gains taxes on the sale of assets divested in order to comply with ethics rules?
This provision can allow wealthy individuals to save hundreds of millions of dollars. it is why when I became aware of this and I joined Senators Whitehouse and Warren on this committee, as well as our colleague senator Feinstein, in introducing a bill to close this loophole or at least limit the amount of capital gains that could be deferred to $1 million.
Because we don't have your financial information yet from the Office of Government Ethics, my question to you is, are you planning on taking advantage of this tax loophole?
DEVOS:
Senator, thank you for that question. Let me just restate again that I look forward to the ethics agreement finalization with the Office of Government Ethics and committed to ensuring that I have no conflict and will go forward with no conflicts.
With respect to your specific question, I do not intend to take advantage of that loophole. I have already made that conclusion, that decision. In fact, it would probably be useful to note here that again, if confirmed, I will only take a salary of one dollar so I can be official, but I don't intend to take a salary either.
BALDWIN:
I also listened carefully to your opening statement in your exchange with Senator Franken related to your sizable donations to a number of anti-LGBT organizations that have been associated with advocacy for the discredited practice of conversion therapy, I was heartened by your response, I will say. but I will note that these same organizations, anti-LGBT organizations, also have been hostile to nondiscrimination protections, issues like adoption, marriage equality. Given the alarm that parents have expressed to me about these donations to anti-LGBT organizations, I guess I want to ask, I mean, I assume there are LGBT students and their parents watching tonight. What would you say to them to assure them that you are going to use your position as secretary to support LGBT students or students with LGBT parents?
DEVOS:
Thank you, senator. Let me restate again I embrace equality, and I firmly believe in the intrinsic value of each individual, and that every student should have the assurance of a safe and discrimination-free place to become educated. I want to restate those principles of values for me. Let me comment to the things you have referred to again and suggest that you may be confusing some other family members in some of those contributions.
Also, looking at contributions from 18 or 20 years ago. So I just want to again refer to what I just said about my approach. If I -- as a mom, I just can't imagine having a child that would feel discriminated against for any reason, and I would want my child in a safe environment.
BALDWIN:
I note that I have run out of time. Mr. Chairman, I have many more questions that I would like to propound. I will say, Mrs. DeVos, if you think that there is -- and we have been fairly general given our restricted time about the issue of charitable conservations if you will or contributions to these anti-LGBT advocacy organizations, if you feel like there has been a family member who has contributed and you are being identified in the public record is incorrect, please in writing, follow-up. I have certainly seen information quite to the contrary.
ALEXANDER:
Thank you, Senator Baldwin. Senator Roberts?
ROBERTS:
Thank you, Mr. Chairman, thank you for holding the hearing. I thank the ranking member as well. Mrs. DeVos, thank you for being responsive, articulate, informed, and in my view, specific.
I suppose, Mr. Chairman, all members could submit any specific questions they have for the record, and when did we have a time period on that, and if they had any concern they could always speak on the senate floor.
Thank you for coming by my office. We had a nice visit. I let you know way back that I had the opportunity to teach also while trying to put out a newspaper on the west side of Phoenix, not Kansas but Phoenix.
But at any rate, I know you fully understand the one-size-fits- all education system just does not work. you said that in your testimony. And I told you that I held a roundtable discussion in Kansas at Washburn University in Topeka with 12 college presidents , we got all of them except a few, and 12 business stakeholders, very important to those universities, to discuss higher education and workforce development given the fact that we will attempt to pass a Higher Education Bill. in particular I heard from the higher education leaders about the impact of federal programs, obviously, policies obviously, but more especially regulation on Kansas institutions of higher education.
During our meeting last month in my office, I shared with you and information chart. I need a bigger chart. like the guy who said he needed a bigger boat with the shark coming after him. maybe that is not a proper allegory, but any way, these are 34 topics or areas of federal regulation. some of them are very, very, very important, but the collective judgment was that they were so intrusive, so expensive, so time-consuming was that they had to get an office of the compliance just to look at federal regulations. And then the assigned bad news bearers will go tell all the various departments that make up the Johnson County Community College, which, by the way, has the highest enrollment of any university or college in Kansas, more than the Jayhawks, more than the Wildcats, and more than the charters. And these 34 areas of federal regulation, so costly and impactful to the school, basically indicate that we need to work together to eliminate many of these burdensome regulation that hinder the institutions of higher education main goal to educate our students effectively and efficiently.
So as you know, I think everybody, I think I would have agreement on the other side of the dais as well, regulations are one of the key areas this committee will focus on as we work the reauthorization of the Higher Education Act. Will you be a partner in addressing many of these time-consuming regulations?
DEVOS:
Senator, thanks for the question, and thanks for meeting in your office. I appreciate seeing the chart again. As I am a visual learner, I really appreciate that one in particular. But yes, I can commit to you that if confirmed, I will look forward to working with you and this committee on that Act and on the regulations you have referred to. And wanting to help free our institutions of higher learning to the greatest extent possible to do what they do best.
ROBERTS:
Being an ombudsman for Kansas education, along with my fellow senator, it is tough when you try to go directly to the person who is in charge of that department, namely you. and I tried that before sitting down across from President Obama and complaining about regulations under his executive order to make sure every department ascribed to a cost-benefit yardstick, if you will. That did not happen.
The person in charge that was supposed to get back to me was his right arm, Dennis, Dennis was in charge of war and peace and other things. I am going to recommend that maybe I ought to do it regionally. Obviously we have had people from rural areas, urban areas -- it is going to be terribly important that we get to somebody that can actually see the problem report back to you or to somebody else in your department. You can't do all this, I don't know anybody that can. But at least when we have a real problem with the 12 universities or for that matter five or six or even one, saying here is a regulation that doesn't make sense, can we at least address it?
Maybe we can tweak it and maybe we can get rid of it or maybe we can do better. So I hope you can work out some kind of SWAT team, if you will, with regards to overregulation. Because that really, was the number one issue that I heard.
Thank you.
DEVOS:
Thank you, senator. I think that sounds like a great idea.
ALEXANDER:
Thank you, Senator Roberts. Senator Murphy.
MURPHY:
Thank you, Mr. Chairman. If Senator Alexander decided to allow us more than a meager five minutes of questions, Mrs. DeVos, do you have anywhere to be tonight? Would you be able to stick around and answer those questions?
DEVOS:
I am going to defer to the chairman on this.
MURPHY:
I assume you probably don't have other obligations. Let me just count myself out, I think this is a real shame, this rush job, this inability to allow the public to see this debate. Imperative to get this hearing in before we have all of the information. it really violates the best traditions of this committee and it suggests that this committee is trying to protect the nominee from scrutiny. And I hope we would reconsider.
Mrs. DeVos, let me rush through these questions in the time that I have. Your family has been investors in a company called k12, a for-profit online charter operator. Gets about 80% of its money from federal or state taxpayers and it paid its CEO over $1 million in the first year, made millions and millions of dollars in profit. I can go through a long litany of examples in which people have made their fortune off of public education dollars, charter school principal in Orlando who got $519,000 payout when his school or her school was closed for poor performance. I guess my question is simple, do you support companies and individuals profiting from public education dollars that is essentially taking money away from students to pay salaries for CEOs and return for investors?
DEVOS:
Senator, thank you for that question. Let me just say that when it comes to education, I think what is important is what the outcomes are, what the achievements are. And I don't think the delivery mechanism is the issue as much as it is our students receiving the -- are students receiving the benefit of a great education.
MURPHY:
Have you met many principals in Detroit that say they have enough, they don't need any more? DEVOS: I can't really answer that question. I have not asked them specifically if they have enough.
MURPHY:
So if we can't agree folks shouldn't get rich off of schools, then maybe we can agree that they shouldn't be getting rich off oft terrible schools. You and I had a chance to talk in my office about the accountability regulations that were a big part of the underlying new federal education law.
The department has issued final regulations that incorporate comments of basically everyone in the education field to make sure that to the extent public dollars are flowing to private schools, that they meet real standards, these accountability regulations are supported by the council of chief state school officers, the school superintendents association, civil rights groups, teachers unions. Can you assure this committee you are going to implement those accountability regulations to make sure all schools are performing and not throw ESSA implementation to chaos for states and districts around the country? Are you going to implement those accountability regulations? DEVOS: Senator, let me just restate again that I think accountability is highly important, and I support accountability for all schools, which is why I supported the most recent legislation in Michigan that is now holding all schools, including traditional public schools accountable for poor performance. And I will continue to support accountability. And I will continue to support the implementation of Every Student Succeeds Act as congress has intended it.
MURPHY:
So just let me ask you again. Are you going to support the implementation of existing regulations supported by a wide cross- section of the educational community that requires schools to come up with their own accountability standards, state and local-based, that will require that all schools meet some basic performance standards?
I am asking you a specific question about this existing regulation and whether you are going to support it or whether you are going to use your position to undermine it or to change it. DEVOS: Well, as would be tradition with the change of administrations, I will look forward to reviewing that and again, I will restate my orientation to pro-accountability and pro- responsibility to parents and taxpayers.
MURPHY:
I think that is going to raise a lot of questions for administrators and school superintendents who are now trying to implement that regulation. One final question, do you think guns have any place in or around schools?
DEVOS:
I think that is best left to locales and states to decide. If the underlying question is --
MURPHY:
You can't say definitively today that guns shouldn't be in schools?
DEVOS:
I will refer back to Senator Enzi and the school he was talking about in Wapiti, Wyoming. I think probably there, I would imagine that there is probably a gun in the schools to protect from potential grizzlies.
MURPHY:
If president trump moves forward with his plan to ban gun free school zones, will you support that proposal? DEVOS: I will support what the president-elect does. But Senator, if the question is around gun violence and the results of that, please know that my heart bleeds and is broken for those families that have lost any individual due to gun violence.
MURPHY:
I look forward to working with you, but I also look forward to you coming to Connecticut and talking about the role of guns in schools.
ALEXANDER:
Thank you, Senator Murphy. Senator Scott.
SCOTT:
Thank you, Mr. Chairman, and thank you Mrs. DeVos for taking the time to be here and your willingness to serve.
A couple questions I have as it relates to kids who are consistently attending schools that are underperforming. If you look at the outcomes of their lives of the children, which I think is a very important and should be a central part of this conversation that we are having, how is the education system that our kids are involved in preparing them for the future that we hope we all get to live?
A future that includes achieving the American dream. But when we look at the underperforming schools, rural areas as well as in the inner cities, many schools are still underperforming, kids that come from those underperforming schools consistently have significantly higher rates of incarceration. they have significantly higher rates of unemployment. The importance of education can't be emphasized enough for the quality of life the child will experience, responsibility the government will bear because of that poor education system. So what we can make sure that there is access to quality education in every zip code should be of paramount importance to this nation, for this committee, as well as the entire senate. I would love to hear your thoughts into the Perkins CTE programs.
DEVOS:
Senator, I thank you for the question and for the thought and your observations and experience behind it. I couldn't agree more that we have continued to do a disservice to so many young people in our country by continuing to force them to attend schools that are simply not working for them or for many.
And the fact that 1.4 million students drop out every year, one every 42 seconds, that is a human tragedy. When you think about the lost human potential, and as you mentioned, essentially a pipeline to prison for so many of those students, that is why I continue to be an advocate for allowing parents and empowering parents with the opportunity to make the right choices for their children. And I understand that there is a whole range of those choices based on the realities of a state. That is why states need to grapple with this issue in a meaningful way.
And if confirmed, I hope to be able to talk with governors and legislators about opportunities and options they have to address the needs of the students who you have referred.
SCOTT:
Thank you very much.
I think there is another part of the education apparatus that does not get enough good attention. So often we think of technical schools as a subpar choice. As the place to go if you can't get into a four year school. It is as if we have this bachelors addiction that may not be the best interest of the student. I hope that you are committed to taking a serious look at encouraging and providing great support for high-quality technical schools.
I know in South Carolina, the importance of technical schools cannot be over emphasized. When we think of high-tech manufacturing, it is really for us in South Carolina, it creates a hub in all honesty. the sectors we benefit from, the transportation sector, the Boeing 9,000 jobs in Little Charleston, South Carolina to the BMWs, the Mercedes, the Michelins, the Bridgestone. our technical schools are the reason why we are succeeding on the high-tech manufacturing jobs. One of the things I have noted is that we probably need to have a robust conversation about making sure there is flexibility in the coursework at some of the technical schools, because there is almost 6 million openings in this country. 75% do not require a college degree. Which means that if we can align what is available in the marketplace with the training and the technical schools, we might solve a major part of our unemployment.
DEVOS:
absolutely, senator. students, as they anticipate higher education, really need to have a full menu of options shared with them. they need to know and understand where the opportunities are, what the costs are for the various avenues that might take, and certainly technical schools, community colleges, apprenticeships, there is really a wide variety of alternative pathways to a really great future if students are really made aware of them.
SCOTT:
And I'm about out of time, Mr. Chairman but just to finish there, you may be familiar with the 529 plans that provide, that you can put $50,000 into an account for college education. I think the 529 plans to be a wonderful apparatus to be able to pay for or subsidize some of the cost even K-12. I would love for us to have a longer conversation on that.
DEVOS:
I would look forward to that senator, thank you.
SCOTT:
Thank you, ma'am. Thank you, Mr. Chairman.
ALEXANDER:
Thank you, Senator Scott. Senator Warren.
WARREN:
Thank you, Mr. Chairman, as the only other party to the so called precedent of we don't have a second round. I asked my staff to pull the records from the hearing we had with King. And you said when you called on me, I think we have time for a second round. Senator warren, you can be the first in the second round. I heard that, I was the only one who stayed and had questions.
ALEXANDER:
That is why we had time.
WARREN:
I understood that the precedent -- but if you had questions for a second round, could stay and ask them. well we are doing precedents, I also understand that the precedent was that President Obama's nominees came before committee, had all filled out their ethics forms. And that those were available before we had a hearing so that we would have a chance to ask questions about them in public.
So I'm a little confused about what precedent means here. Mrs. DeVos, many of my democratic colleagues have pointed out your lack of experience in K-12 public schools, but I would like to ask about your qualifications for leading the nation on higher education.
The department of education is in charge of making sure that the $150 billion that we invest in students each year gets into the right hands and that students have the support they need to be able to pay back their student loans.
The secretary of education is essentially responsible for managing $1 trillion student loan bank. And distributing $30 billion in Peel Grants o students each year.
The financial figure of an entire generation of young people depend on your department getting that right.
Now, Mrs. DeVos, do you have any direct experience in running a bank?
DEVOS:
Senator, I do not. WARREN: Have you ever managed or overseen a $1-trillion loan program?
DEVOS:
I have not.
WARREN:
How about a billion dollar loan program?
DEVOS:
I have not.
WARREN:
Okay, so no experience in managing a program like this. How about participating in one? I think it's important for the person who is in charge of our financial aid programs to understand what it is like for students and families who are struggling to pay for college -- Mrs. DeVos, have you ever taken out a student loan from the federal government to help pay for college?
DEVOS:
I have not.
WARREN:
Have any of your children had to borrow money in order to go to college?
DEVOS:
They have been fortunate not to.
WARREN:
Have you had any personal experience with the Pell grant?
DEVOS:
Not personal experience, but certainly friends and students with whom I have worked.
WARREN:
So you have no personal experience with college financial aid or management of higher education? Mrs. DeVos, then, let's start with the basics. Do you support protecting federal taxpayer dollars from waste, fraud and abuse?
DEVOS:
Absolutely.
WARREN:
Good, so do I. now we all know the President-Elect Trump's experience with higher education was to create a fake university which resulted in his paying $25 million to students that he cheated. So I am curious about how the trump administration would protect against waste fraud and abuse at similar for-profit colleges. So here is my question. How do you plan to protect taxpayer dollars from waste, fraud, and abuse from colleges that take in millions of dollars in federal student aid?
DEVOS:
Senator, if confirmed I will certainly be very vigilant.
WARREN:
How? How are you going to do that? You said you are committed.
DEVOS:
The individuals with whom I work in the department will ensure that federal moneys are used properly and appropriately. I will look forward -- WARREN: You are going to subcontract making sure that what happens with universities that cheat students doesn't happen anymore?
DEVOS:
No I didn't --
WARREN:
You are going to give that to someone else to do? I just want to know what your ideas are for making sure we don't have problems with waste, fraud, and abuse.
DEVOS:
I want to make sure we don't have problems with that as well. If confirmed, I will work diligently to ensure that we are addressing any of those issues.
WARREN:
Well, let me make a suggestion on this. It actually turns out there are a whole group of rules that are already written and are there, and all you have to do is enforce them. what I want to know is, will you commit to enforcing these rules to ensure that no career college receives federal funds unless they can prove they are actually preparing students for gainful employment and not cheating them.
DEVOS:
Senator, I will commit to ensuring that institutions which receive federal funds are actually serving their students well.
WARREN:
So you will enforce the gainful employment rule to make sure that these career colleges are not cheating students?
DEVOS:
We will certainly review that rule.
WARREN:
You will review it? You will not commit to enforce it?
DEVOS:
And see that it is actually achieving what the intentions are.
WARREN:
I don't understand about reviewing it. We talked about this in my office. There are already rules in place to stop waste, fraud, and abuse, and I am not sure how you cannot be sure about enforcing them. You know, swindlers and crooks are out there doing back flips when they hear an answer like this. If confirmed, you will be the cop on the beat. And if you cannot commit to use the tools that are already available to you in the Department of Education, then I don't see how you could be the secretary of education. And I look forward to having a second round of questions.
ALEXANDER:
Thank you, Senator Warren. Senator Collins.
COLLINS:
Thank you, Mr. Chairman. I cannot help but think that if my friends on the other side of the aisle have used their time to ask questions rather than complaining about the lack of a second round, they each would have been able to get in a second question. And I now just used 15 seconds of my time to make that point. Mrs. DeVos, first of all, let me say I have no doubt that you care deeply about the education of all children. And I say that despite the fact that you and I do not agree on all the issues. Given your lifelong work and commitment to education, any suggestion such as was made earlier that your nomination is linked to your political contribution is really unfair and unwarranted.
And I just want to say that for the record. I now would like to move on to some questions about how you view the federal role in education versus the state and local role. I want to put aside the D.C. opportunity scholarship program because Congress' relationship to the District of Columbia is unique. And I want to ask you, at what level of government do you believe that decisions about charter schools and vouchers should be made? Is that a federal role, or is that a state role?
DEVOS:
Well, thank you Senator for that question. And let me just say I really enjoyed the conversation we had in your office. And let me respond to your question about federal versus state and local role by saying, I absolutely support the fact that it is a state role and state decision what kind of offering there might be with regards to choices and education. And as we discussed in your office, Maine has a unique situation with students attending school on islands and in rural areas.
And to suggest that the right answer for Maine is not the right answer for Indiana or any state is just not right and I would not support a federal mandate or federal role in dictating those.
COLLINS:
I am glad to hear that. I have heard repeatedly from school officials, whether it's superintendents, teachers or school board members that the single most important action that the federal government could take would be to fulfill the promise of the 1975 Individuals With Disabilities To Education Act, to fund 40% of the additional cost of educating special needs child. It has been many years since that law was passed. we have never come close to the 40%.
Would you commit to taking a look at the funding of the department to see if we could do a better job of moving towards fulfillment of that promise? that is an action that would help every single school district in this country.
DEVOS:
Senator, absolutely I would commit to that if confirmed.
I actually think this is an area that could be considered for an approach that would be somewhat different, and that maybe the money should follow individual students instead of going directly to the states. But again, I think that is something that we could discuss. And I would look forward to talking about that with the members of this committee. COLLINS: Another of my concerns, having worked at a college level for a. period of time is the low rate of college completion. there is nothing worse than a student being saddled with educational debt and not earning the credential or the degree that would enable the student to pay off that debt.
I am a strong supporter of the federal TRiO Program which helps prepare students for higher education. It helps to raise aspirations, particularly of children who come from families without experience in the higher education. do you have any thoughts on how we can do a better job in supporting college success programs so that we can ensure students are able to complete their degrees or earn their credentials?
DEVOS:
Senator, thank you. I do think we can do a better job with preparing students, informing them before they enter college. I know the TRiO Program helps to mentor and prepare students that might not otherwise have an opportunity.
And I think that is a very important and valid one to look at for perhaps, is there another and more effective way to advance that or to replicate that? Or use that in a new way to help increase the participation of students that may not otherwise pursue higher education and complete it?
COLLINS:
Thank you.
ALEXANDER:
Thank you, Senator Collins. Senator Hassan.
HASSAN:
Thank you, Mr. Chair and Ranking Member Murray. I certainly look forward to working on this committee with all of you and I appreciate the opportunity to participate. Mrs. DeVos, it is nice to see you again. Thank you for being here today, your family as well. And I think all of us here share a commitment to public education understand the essential nature of -- to our democracy.
I would echo my colleagues' call for another round at least of questioning, because I think our job here is not to talk about ideas but actually to drill down to how things actually work in practice. And so, I want to talk about one of those situations you began to touch on in my office when we met. And it echoes a little bit of what Senator Collins was talking about an terms of full commitment to our students with disabilities and what Senator Cassidy was talking about in terms of access to quality education for children with dyslexia. My son, Ben, experiences very severe physical disabilities, he has cerebral palsy. he cannot speak, he can't use his fingers for a keyboard, he doesn't walk, but he is smart and the best kid on earth, if I could say so myself.
He got a quality public education at our local school. he is a graduate of Exeter High School in Exeter, New Hampshire. And the reason he got there was because countless advocates and champions before the housing family, worked so hard to make sure he had the right to that education. And I am concerned that when students who experience disabilities receive a publicly funded voucher to attend a private school, they often don't receive adequate resources and in some cases have to sign over their legal rights under the Individuals With Disabilities Education Act. So do you think family should have a recourse in the courts if their child's education does not adequately meet his or her needs, whether they get a voucher or in a more traditional public school?
DEVOS:
Thank you, senator, for that question. And again, I appreciated our meeting earlier last week. Let me begin by saying I appreciate and thankful that you had the opportunity with your son Ben, to find the right setting for him. And I would advocate for all parents should be able to have that opportunity to choose the right school --
HASSAN:
I actually -- I had the opportunity to send him to the same public school that my daughter went to because law required that that school provide him resources that were never provided before that law was passed because they are hard. So the question is, will you enforce the law with regard to kids with disabilities if a voucher program did allow them to go someplace else? And the school said, no, it is just too expensive, we don't want to do it.
DEVOS:
I think that there are great examples of programs that are already underway in states Ohio has a great program and in fact, Sam and his mom are hear today, beneficiary of the John Peterson Special Needs Scholarship Program.
HASSAN:
I understand that. And because my time is limited, excuse me for interrupting. But what I am asking you is, there is at least one voucher program in Florida, the McKay voucher program, which makes students sign away their rights before they can get that voucher.
I think that is fundamentally wrong, and I think it will mean that students with disabilities cannot use the voucher system that a department under your leadership might start. So I want to know whether you will enforce and whether you will make sure that children with disabilities do not have to sign away their legal rights in order to get a voucher should a voucher program be developed.
DEVOS:
Well, I would love to comment to the McKay scholarship program in Florida where I believe today, 31,000 are taking advantage O.T. it, and 93% of the parents utilizing that voucher are very, very pleased with it. As opposed to 30%
HASSAN:
And I'm sorry, but hat is not the question I asked. So for right now, I am going to move on to one final question I really do wish we had a second round. there is a lot here that is critical to our children, especially with disabilities. with all due respect, Mrs. DeVos, has not answered my question, but the other question I had, again, because we don't have a second round, I'm trying to follow up on an answer you gave earlier to some of my colleagues.
I understand that there is a foundation, the Edgar and Elsie Prince Foundation which I take it, is a foundation named for your parents? Is that correct?
DEVOS:
It's my mother's foundation.
HASSAN:
It's your mother's foundation. And you sit on the board?
DEVOS:
I do not.
HASSAN:
You do not?
DEVOS:
No.
HASSAN:
Okay, so when it made its over $5 million donation to focus on the family, you did not know anything about it?
DEVOS:
My mother makes the decisions for her foundation. HASSAN: Thank you.
ALEXANDER:
Thank you, Senator Hassan. Senator Burr?
BURR:
Thank you, Mr. Chairman. Mrs. DeVos, thank you for agreeing to serve. I think a lot of Americans watch what goes on here and say, never me. I will never go through it. I think most of us say that after an election cycle. And it is rare to find somebody who is the full monty.
I mean, you don't have to do this. That is apparent. You did not have to choose education as your life's ambition, but you did. So, I thank you for the investment you have been made for all the kids who have been impacted. For the unbelievable statistics that you know about Florida, or about whatever. I'm sure you and the senator from Minnesota can come to agreement on what the numbers were that he was talking about. But I sat here and I remember, in my first election, I went in to get the support of educators. And I was 10 minutes into what looked to be a 30 to 45 minute question and answer. And after 10 minutes, I said, are there any questions that deal with kids or outcomes? And I said no. so I got up and left.
You know, we can ask you all sorts of questions about you personally, and what you have done, but you came into my office. And before I ever asked a question, in several minutes, you convinced me that you are passionate about making sure that every child had the opportunity to have a successful education. And from that, every child that got that education would have an opportunity to reach for the American dream of a life that is unlimited, an opportunity that is unlimited. So you convinced me without me asking a question.
I only have one question today. Why is it so difficult for us to figure out how to focus on outcome versus getting so hung up on process?
DEVOS:
Senator, I think that is a very good question. And I think we could have a very robust debate in this room about that. I think that human tendency is to protect and guard what is because change is difficult.
And yet, we see the fact that there are millions of students who are simply not getting the opportunity for an equal opportunity for a quality education. and, we try to tinker around from the top, and we try to fix things, but it becomes more about the system, I'm afraid, then it does about what is right for each child. And so I thank you for your support, and your encouragement around the notion that every child should have the opportunity.
Every parent should have the opportunity, on behalf of their child to choose the right educational environment for them. And I'm hopeful that, if we can continue having a robust conversation about this, that we will talk about the great schools that our children have the opportunity to go to 10 years from now, many of which may not exist today, or look very different from what it exists today. I think the opportunity to innovate and education is virtually unlimited, and has been really untested to a large extent.
So I am very hopeful that we will have that opportunity and that opportunity for that kind of conversation.
BURR:
I think we will, and I hope the committees sees it in their actions to make sure that you are at he helm of the Department of Education. As I look across America, and across the world, I see an age where technology is going to impact things that we did not even dream about five years ago.
What we have seen happen to our PDAs is not going into healthcare, it's going to drive manufacturing, I still remember my father at 90 years old looking at me -- just about five years ago -- six years ago and saying, I do not understand how a fax machine works. Well you know what? I never was able to explain to him. But that didn't limit my use of it and my belief that it served an important purpose. So education is going to change drastically, but what is most important is to have somebody passionate at top. Concerned about every child and every child's opportunity. For that, I'm grateful you are here. I yield.
DEVOS:
Thank you, Senator.
ALEXANDER:
Thank you Senator Burr, Senator Kaine.
KAINE:
Thank you, our committee leadership and thank you, Mrs. DeVos How much information do you have about the finances of the president-elect, his family or Trump related organizations?
DEVOS:
I do not have any of that information, senator.
KAINE:
So I take that you won't have any way of knowing when asked by the president to take official action in your capacity as secretary how those actions might affect his personal finance situation.
DEVOS:
I'm not sure I could comment on that.
KAINE:
And this isn't theoretical, he owns a university. I think it's relevant to assessing the wisdom of an education policy proposal to know how that proposal might affect the president's personal finances. Do you disagree with me?
DEVOS:
Well, I think the president-elect has taken steps to ensure.
KAINE:
I ask, do you disagree with me?
DEVOS:
Can you state your question again?
KAINE:
I think it's relevant to assessing the wisdom of an education policy proposal to know how the proposal might affect the president's personal finances. Do you disagree with me?
DEVOS:
I do not disagree with you.
KAINE:
Thank you. The nation deserves a secretary who is a champion of kids, parents, state and local control and outcomes. I also think the nation deserves a secretary who is a champion of public education. In a 2015 speech on education, you were pretty blunt, "Government really sucks." you called the public school system a "dead end" in order to clarify, you never attended a public school? A K-12 school, did you?
DEVOS:
Correct.
KAINE:
And your children did not either? Correct?
DEVOS:
That is correct.
KAINE:
And you have never taught in a K-12 public school, correct?
DEVOS:
Not, but I have mentored in one.
KAINE:
Okay, I worry about the fact that a leader who believes government sucks on the morale of the workforce, teachers and others do better when their morale is high. would you agree with me?
DEVOS:
Absolutely, and I support great teachers.
KAINE:
And the attitude of a leader of an organization matters a lot to the morale of the workforce, would you agree with me on that?
DEVOS:
Absolutely. And just with reference to the quote that you...
KAINE:
I would like to introduce that for the record, I don't have other questions about it and I have a very limited amount of time.
I want to move on to another quote. You and your husband spoke at a conference a number of years ago. your husband said this was not attributed to you, but you were together at the conference if what I read is correct. "The church has been displaced as the public school as the center for activity, the center of what goes on in the community." Thomas Jefferson did not view public education as contrary to or competitive with church or religion, do you?
DEVOS:
I do not.
KAINE:
Do you think that schools that receive K-12 schools that receive government funding should meet the same accountability standards, outcome standards?
DEVOS:
All schools that receive public funding should be accountable. Yes.
KAINE:
Should meet the same accountability standards?
DEVOS:
Yes. Although you have different accountability standards between traditional public schools and charter schools. KAINE: I'm very interested in this. Should everybody be in a level playing field. So public charter or private k-12 schools, it they receive taxpayer funding, they should meet the same accountability standards.
DEVOS:
Yes. They should be very transparent with the information, and parents should have that information first and foremost.
KAINE:
And if confirmed,. would you insist upon that equal accountability in any K-12 school or educational program that receives federal funding whether public, public charter or private.
DEVOS:
I support accountability.
KAINE:
Equal opportunity for all schools that receive federal funding? DEVOS: I support accountability.
KAINE:
Is that a yes or a no?
DEVOS:
That is a "I support accountability."
KAINE:
Do you not want to answer my question?
DEVOS:
I support accountability.
KAINE:
Okay, let me ask you this, I think all schools that receive taxpayer funding should be equally accountable, do you agree with me or not?
DEVOS:
Well, they don't, they are not.
KAINE:
But I think they should. Do you agree with me or not?
DEVOS:
Well, no, because.
KAINE:
You don't agree with me. Let me move to my next question. Should all K-12 schools receiving governmental funding be required to meet the requirements of the Individual with Disabilities Education Act?
DEVOS:
I think they already are.
KAINE:
Okay, so but I'm asking you a should question. Whether they all right or not, we will get into that later. Should all schools that receive taxpayer funding be required to meet the requirements of the individuals with disabilities and education
DEVOS:
I think that is a matter that is best left to the states.
KAINE:
So some states might be good to kids with disabilities, and other states might not be so good, and then people can move around the country if they don't like how their kids are being treated?
DEVOS:
I think that is an issue best left to the states.
KAINE:
What about the federal requirement? It's a federal law, the Individuals with Disabilities Education Act, let's limit it to federal funding. If schools receive federal funding, should they be required to follow federal law whether they are public, public charter, or private?
DEVOS:
As the senator referred to...
KAINE:
Just yes or no. I only got one more question.
DEVOS:
Florida's program, there are many parents that are very happy with the program there.
KAINE:
Let me say this, I think all schools that receive federal funding, public charter, or public, should be required to meet the conditions of the individuals with disabilities and education act. Do you agree with me or not?
DEVOS:
I think that is certainly worth the discussion and I would look forward...
DEVOS:
So you can not yet agree with me.
And finally should all K-12 schools receiving governmental funding be required to report the same information regarding instances of harassment, discipline or bullying if they receive federal funding?
DEVOS:
I think that federal funding certainly comes with strings attached.
KAINE:
I think all schools should be required to report equally information about discipline, harassment and bullying, do you agree with me or not?
DEVOS:
I would look forward to reviewing that provision.
KAINE:
If it was a court, I would say to the court, let the judge instruct the witness to answer the question, it's not a court and you're not under oath, not under subpoena, but you are trying to win my vote. Thanks, Mr. Chairman.
ALEXANDER:
Thanks, Senator Kaine.
Senator Murkowski?
MURKOWSKI:
Thank you, Mr. Chairman. Mrs. DeVos, thank you for coming to my office. I had an opportunity to walk you through the map of Alaska. Hopefully, educate you at some -- to some of the challenges that we face as a state in delivering education in what is not a rural state but what has been described as a frontier state in many, many ways. 82% of the communities in the state of Alaska are not attached by road. They are islanded in every sense of the word.
I had an opportunity, on Saturday, to meet with about 400 teachers from around the state. I will tell, they are concerned about your nomination. they are concerned because they would love to have the choice that we are talking about, but when you are a small school in Buckland, when you are a small school in King Cove, when here is no way to get to an alternative option for your child, the best parent is left relying on a public school system that they demand be there for their kids.
So I want to be sure, and I think every one of those teachers that I met with on Saturday wants to make sure that your commitment to public education, particularly for rural students, who have no choices is as strong and robust as the passion you have dedicated to advancing charter schools.
I appreciated your responses to Senator Cassidy because he was very direct and you gave very reassuring answers there that you are not seeking to undermine or to erode public schools.
I appreciated what you said in response to Senator Alexander's the chair's questions about whether you would work move toward a voucher type of system, if in fact, we in the congress said that is not the direction. I tried to assure the teachers I was talking to that they are not sufficient votes to voucherize the system. I appreciate the inquiry that Senator King has been making though about the level of accountability. And this was something that was brought up in the Q&A session in Anchorage was that a concern that there would not be an effort to match that accountability to those schools that receive federal funding, either through a voucher f program, a federal match through education and saving account dollars, but that, in addition to performance standards, that there would be true accountability with adhering to federal laws for civil rights as well as students with disabilities.
So I will ask for a continuation of the discussion. you have I think, provided some very responsive comments, that I think will help our teachers in Alaska, where again, their options and their choices are very limited. But how can you provide assurance to these teachers, these families, and these students, for whom alternatives and options are severely limited. Not because we don't want them, but because our geography really isolates us.
DEVOS:
Well, thank you, senator, for that question. I really appreciated our conversation and a review of the map because it does remind us of the unique challenges that Alaska has. I would say that I can assure you that, if confirmed, I will support Alaska and its approach to educating its youngsters. I have to say, I think that the creativity and innovation that Alaska has employed through the traditional public system is one that other states can probably take note of and learn some lessons from. we hope that they continue to feel the freedom and that drive to continue to educate and innovate.
MURKOWSKI:
We are quite proud of some of the innovation we have made. We have a great deal of choice within our urban centers from my colleagues education, and edification, Anchorage hosts six of the most ethnically diverse schools in the United States of America, and we are sitting in Anchorage, Alaska. So I have that level of diversity but then I have rural villages where I may have no more than 60 kids in a school. And in order for them to have the same benefits and opportunities, the dollars that flow, and the commitment that flows to those families, that there is a level of accountability throughout remains a very significant challenge. So I need to have a very clear and a very firm commitment that the focus you will give to not only Alaska, but states that have significant rural populations, that these students who will not have alternatives, that that public school system is not undermined, eroded, or ignored.
DEVOS:
Absolutely, Senator, you have my commitment. And in fact, as I said, I think there is so much that Alaska can share with others in terms of how to address challenges of very widespread student populations.
MURKOWSKI:
Thank you, Mr. Chair.
ALEXANDER:
I will now turn to Senator Murray.
MURRAY:
Mr. Chairman, I just have to start by saying, and I hope this does not count against my time on questions but it's not a question, for question, I have questions that I know all of our committees want to follow up including on the response I just heard on IDA, sexual assault and Pell grants and a number of other questions. Let me just say, I am really disappointed that you have preemptively cut off our members from asking questions. It really is unprecedented. you and I have worked together, and I appreciate that, but I hope you change your mind.
I don't know what you are protect Mrs. DeVos from. She should get robust scrutiny, she is the overseeing the education of all of our kids. And what is happening in higher education and much more. And to be very clear, this is not what we have done in this committee. From Michael Levitt, President Bush's second secretary of health and human services, five members participated in the second round, from Andrew Von Eschenbach, President Bush's third FDA commissioner, three member participated, in the second round, Hilda Solis, President Obama's first secretary of labor, three members participated in the second round, the hearing was actually over four hours. Tom Daschle, President Obama's nominee to be secretary of health and human services, four members participated in the second round.
Alexis Herman, President Clinton's second secretary of labor, three and a half hour hearing 10 minutes of questioning Rod Paige, I mentioned, Secretary of education, President Bush's nominee, ten questions.
So I hope we are not just cherry picking Senator Duncan and king, who had a broad history behind them when they came to this. And I really would like to enter into transcripts scripts that I have showing the actual precedent of this committee into the record. I think it's important for all of us to remember that.
And given the lack of paperwork from the OGE and the numerous outstanding questions that I know my members have, that are still sitting here, it's 8:15 at night, they wouldn't be sitting here if they didn't have additional questions.
I would like to call at least for a second hearing for this nominee.
ALEXANDER:
Do you want me e to respond to that now? do you have additional questions yourself?
MURRAY:
I do have additional question, yes.
ALEXANDER:
Well let me respond in this way.
You know the respect I have for you and for each member of this committee and for how we worked together but what you are asking me to do is to treat Mrs. DeVos differently than we treated President Obama's two education secretaries, and I am not going to do that.
We are already at - this hearing started at 5:15, it's 8:15. That is three hours and five minutes of of questions. Secretary Duncan, President Obama's first secretary, the hearing was two hours and two minutes. John King, President Obama's current secretary was two hours and 16 minutes. This is already three hours, and we are not finished yet. And as far as questions go, each member of this committee has had an opportunity to visit with Mrs. DeVos in their office, and I believe she has done that. Several members of this committee have already sent her written questions, which she will answer before we vote on her nomination.
She has complied with all of the rules of the committee. The committee rules do not require that the Office of Government Ethics report be in by the time we actually have the hearing. She submitted her information there on the 12th -- I believe the 12th -- on the fourth of January. And Mrs. DeVos, I understand you are working and will continue to work with the office of government ethics and sign an ethics agreement. Is that correct?
DEVOS:
That is correct, Mr. Chairman.
ALEXANDER:
And the purpose of that, for those watching, there is a designated government office that works with the nominees, and comes to an agreement with them if there is any conflict of interest. And if she, for example, needs to divest herself of something, that will be part of the agreement. That she has said that she will do whatever she needs to do to gain an agreement with the go Office of Government Ethics so that the letter of agreement will say she has no conflicts of interest. I have said that that letter will be public, at least by Friday, before we vote on her nomination by next Tuesday. so, you will have the opportunity to question her in your office, to question her today, either as extensively as you did either of President Obama's nominees.
You have the opportunity to submit additional written questions after this hearing for up to two days when we had Secretary Perez before the committee, Senator Harkin only gave us one day. I would say two days, by the close of Thursday. then, you will have three or four days after the Office of Government Ethics letter of agreement says that she has no conflicts of interest is public to decide how to vote. That seems to me to be entirely reasonable. I have already agreed to move the hearing one week, at the request of the Democratic and Republican leadership, so they could consider other nominations.
And finally on the tax return issue, it is not a requirement of this committee that nominees provide us with their tax return. they provide us with it their financial information just as senators do provide publicly their financial information. It is not a lot to provide their tax return. So she is doing everything that the rules of the committee say she should do and I'm treating her in terms of questions the same way that we treated President Obama's two education secretaries.
So I'm not going to have a second round. I would be happy to extend to you, if you would like, the chance to ask questions. And then, I will do the same, which is consistent with what we did for the two previous Obama secretaries.
MURRAY:
Mr. Chairman, with all due respect, this nominee is the only one to not submit an LGE paperwork before our hearing. So our members have not had the opportunity to review it or ask questions about it. And I appreciate private meetings, I'm sure all of us do, but our constituents want to hear what this nominee has to say to because of a vast history on the issue of education that concerns a lot of people.
ALEXANDER:
Well if I may.
MURRAY:
And let me just say, that Tillerson had three rounds of hearing, Sessions, had two rounds, Carson, had two rounds. Zenke had three rounds.
So I am unclear why education is not just as important as these others.
ALEXANDER:
If it is important under trump, it is important under Obama. I do not know why suddenly we have this sudden interest. And as far as several people have mentioned Secretary Paige here tonight. He did not have his Office of Government Ethics letter in before his hearing. It came in after his hearing. The same was true with Elaine Chao when she became a cabinet member. So that has not been a consistent pattern either.
I have tried to be as fair as I can, and following what I believe to be the golden rule. And we have gone for more than three hours in an extensive hearing, which is just part of a discussion as you evaluate how you are going to vote when it comes up before the committee...
CASEY:
Mr. Chairman?
ALEXANDER:
Yes?
CASEY:
If the request is reasonable, we are only asking for five minutes per member on a set of issues that are just as important at the beginning of a new administration which is a change in parties. It's a new - a lot of new policies coming forward and as Senator Murray said, we did have time in our office, I think most of us probably had half an hour, but our constituents were not there for half an hour for asking for another five minutes, I don't think is in anyway reasonable.
ALEXANDER:
Well, Senator Casey, I have enormous respect for you, but the Obama administration was also a change in administration, and I did not hear any great cry for a second round questions. This is a three-hour hearing, three hours and 10 minutes now, in addition to all the information that is there. I do not think it is fair to expect that we will treat a Republican president's education nominee differently than we treated a Democratic presidents education nominee.
Senator Bennet?
BENNET:
Mr. Chairman, I think you are one of the fairest people in town. And you didn't know, you have earned that. You really are. But to me, the fact that Republican members of the senate did not want to ask a second round of questions for the Obama nominee to the senate, the idea that that should be a precedent for the Democrats, eight of whom are here tonight -- to ask questions, even follow-up to questions that we have heard tonight, I think is really unfair and uncharacteristic. And I hope that if we can't have the questions here, that we will have another hearing -- if we can't have another hearing, that we have an assurance that every single question asked by every single member of this panel and submitted in writing is the answered before this vote can go forward on the floor.
The paperwork is submitted before we can go forward on the floor. I do not think that is a satisfactory result. But if we cannot ask the questions today, I hope you and the majority leader will consider that.
ALEXANDER:
I have already said that members will have an opportunity to ask questions in writing, which they already have. Many of you have already done that. You can ask additional questions in writing. you can have that in by 5:00 on Thursday, and I also said that is one more day that Senator Harkin gave us when Perez was our labor secretary, I said that is air, I said second that we will schedule an executive session on next Tuesday, where will we will be glad to discuss the tax return issue whether we want to apply tax returns of future nominees who come before this committee. And we will vote on Mrs. DeVos, but only if the letter agreement from the Office of Government Ethics is complete by this Friday, and made available to all members of the committee so you have three or four days to see how that will affect your vote.
FRANKEN:
Mr. Chairman, very short questions. ALEXANDER: Senator Franken?
FRANKEN:
Are we assured that before this vote on Tuesday that we will have the answers to these questions? Because what I heard is we can submit a question, but here, at least the nominee has to answer them. Are you assuring us that before the vote on Tuesday, our questions will have been answered?
ALEXANDER:
Well, the number of questions needs to be reasonable and the answers need to be reasonable, and that is in the eye of the beholder , sometime. the most number of questions that was ever asked a nominee before this committee, I'm told was 191 to Secretary Perez. I will not say there is a certain number that is reasonable. I'm confident that Mrs. DeVos will make an effort to give a reasonable as complete an answer to the question as she can.
FRANKEN:
So the answer we won't be assured of that?
ALEXANDER:
Well, yes, you will be assured that Mrs. DeVos, what would your answer be? Will you do your best to answer the questions you will receive after 5:00 on Thursday before the possibility of a vote next Tuesday.
DEVOS:
I would certainly endeavor to have all of the questions responded to.
ALEXANDER:
Senator Baldwin.
BALDWIN:
Mr. Chairman, did you make any announcements about whether there will be more than one rounds of questions tomorrow when we convene to hear Mr. Price's representative Price's?
ALEXANDER:
I was not planning on more than one.
BALDWIN:
Because I have heard various members who have done the research during the course of this proceeding indicate that there have been additional rounds for witnesses, or nominees, that have come before this committee in other departments than education. I can tell you, that perhaps half -- I perhaps got to propound half of my questions today.
Tomorrow, given the breadth of that department, I have many, many more.
ALEXANDER:
Well since I'm talking a lot about precedent tonight, let me look at the precedent and see what that say s. I told Dr. Price that, in my experience, one round of questions would pretty well do it. Except, usually we have, Senator Murray and I followed up. let in case, Senator Warren a diligent member of the committee and is often here, I congratulate her for that.
But let's say, me think about that.
Senator Warren?
WARREN:
Mr. Chairman, can I ask about the precedent? Just because I want to make sure I understand it.
When we go back and examine the record, will we find instances where people asked for a second round of questions and were refused?
ALEXANDER:
Will you find instances where they were asked and refused, I do not know the answer to that. But if you go back to President Obama's two education secretaries, there was one round of five-minute questions.
Then the chairman asked a question and one other senator asked a question and that is what we are doing tonight.
WARREN:
As you said in the hearing, I think we have time for a second round. those were your words. you said, "Senator warren, you can be the first in the second round." Which I believe to mean had there been anyone else who wanted to ask a question, they could have. But no one was refused the opportunity to as, it's just that people were satisfied with the nominee and had no further questions.
ALEXANDER:
Well I can guarantee you that many of us were not satisfied with the last nominee but out of difference to the president, and the institution, thought that it would be appropriate for us to defer to the precedent and that it was important to have a secretary in place.
You are a very exceptional law professor and I don't want to get into a -- that kind of discussion with you. My guess is that I looked over there and saw you and you asked if there can be a second round and I said, yes.
So I think we are the only still in the room. You know, we have to bring this to a conclusion.
I think Mrs. DeVos, we are not going to have a second round of questions tonight.
WARREN:
Mr. Chairman, I just want to be clear, this is the first time ever that someone has asked for a second round of questions and then refused?
ALEXANDER:
No, no one said that, except you.
WARREN:
Well, you haven't said otherwise.
ALEXANDER:
No, that is and what I mean -- Lewis Carroll would be proud of that. That is a little.
WARREN:
I'm sorry, did you say that you have refused anyone a second round?
ALEXANDER:
No, I said that Lewis Carroll would be proud of that kind of reasoning. What I'm saying is I look straightforwardly at the process that we had with President Obama's education secretary, and determined we would do the same thing for President-Elect Trump's nominee.
If I were to be even more careful, I would point out that she now spent 50% more time here in this hearing than either Secretary Duncan or Secretary King did for President Obama. She has visited every one of your offices. She asked to go in December, nobody made time to see here in December so so she came in January , I believe that is correct. And then she has received questions from you which she is going to answer. We have said that she has completed the FBI background. She has followed every rule the committee has and I said we will consider the tax return question at an executive session next week, but whether we change the rules and require that for future nominees, you can decide to do that if you wish to do that.
We senators do not do it for ourselves and we don't do it for our nominees so we can talk about that, and that you have two days to ask additional written questions. She will do a reasonable number of them, she will do her best to give you reasonable answers to them and that we will not go forward with a vote next Tuesday, unless her letter agreement is public by Friday, and available for you to review it. So that is my decision.
And I think that is what we will do tonight. Now we will conclude the hearing by inviting Senator Murray, if she has any additional questions to ask, to do that, and then I will ask some and then we will be finished.
MURRAY:
So Mr. Chairman, I take those as a definitive answer.
ALEXANDER:
As definitive as I can be.
MURRAY:
Well since I only have one question, I will ask one you probably won't like. Mrs. DeVos, President-Elect Trump was recorded bragging about kissing and groping and trying to have sex with women without their consent. He said on tape that when you are a star, they let you do it, you can do anything. I was and I remain very outraged by those comments. And that outrage grew following the release of that recording to series women came forward to publicly accuse President-Elect Trump of exactly the type of behavior that he bragged about on tape. I take accusations of this type of behavior very seriously. If this behavior, kissing and touching women and girls without their consent happened in the school, would you consider it asexual assault?
DEVOS:
Yes.
MURRAY:
One in five young women will experience sexual assault while in college. we are joined tonight by several sexual assault survivors, who are brave enough to come here tonight, because this issue is so important to them. Can you promise them and me that you will not as has been in the press, consider "reigning in"" the office for civil rights and the departments work to protect students from campus sexual assault?
DEVOS:
Senator, if confirmed, I commit that I will be looking very closely at how this has been regulated and handled, and with great sensitivity to those who are victims, and also considering perpetrators as well. Please know, that I am very sensitive.
MURRAY:
I heard you say that but you will not take back the words that you will "reign in" the Office For Civil Rights.
DEVOS:
I do not think those were the words that I used.
MURRAY:
Well that is a quote that has been attributed to you.
We spent, I thank Senator Casey on this as well, this is extremely important to women and men across the country and I hope that you will take back the words of "reigning in the office of civil rights and the department's work on sexual assault. Mr. Chairman, I'm going to turn to Senator Hassan for the last part of my questions.
HASSAN:
Thank you, Senator Murray. Just two quick things, Mrs. DeVos, I just wanted to clarify the issue on whether or not you are on the board of your mother's foundation. I have 990s up through 2013 where you are listed as vice president and a board member. So was that just a mistake on your part?
DEVOS:
That was a clerical error. I can assure you I have never made decisions on my mother's behalf on her foundation board.
HASSAN:
So the listing that you were the vice president of the board was incorrect?
DEVOS:
That is incorrect.
HASSAN:
Okay, thank you. The other thing I just wanted to circle back to. I want to go back to the individuals with disabilities and education act. That is a federal civil rights law so if you stand by your statement a few minutes ago that it should be up to the states whether to follow it?
DEVOS:
Federal law must be followed where federal dollars are in play.
HASSAN:
So were you unaware when I just asked you about the IDA that it is a federal law?
DEVOS:
I may have confused it.
HASSAN:
Guarantees absolutely basic protection to students with disabilities to ensure that they are afforded a high-quality education with their peers -- one of the reasons that it is difficult to have this hearing and fully understand your perspective is because we do know that children with disabilities in at least some of the voucher programs that you have supported, have gone with a voucher to their school because of their disability, they have to leave the school, the school keeps the money, and they go back to public schools, that now have even less resources to deal with them.
And many of us see this as a potential for turning our public schools into warehouses, for the most challenging kids with disabilities or other kinds of particular issues or the kids who parents cannot afford to make up the difference between the voucher and the cost of private school tuition.
So I just would urge you to become familiar should you be nominated with the Individual Disabilities and Education Act. And I do have to say I'm concerned that you seem so unfamiliar with it, and that you seem to support voucher schools that have not honored, that have made students sign away their rights to make sure that the law is enforced. that is very troubling to me.
DEVOS:
Senator, I assure you that if confirmed, I will be very sensitive to the needs of the special needs students and the policies surrounding that.
HASSAN:
And with all due respect, it is not about sensitivity. Although that helps, it is about being willing to enforce the law to make sure that my child and every child has the same access to public education, high-quality public education. And the reality is the way the voucher systems that you have supported work don't always come out that way. That is why it is something we need to continue to explore. Thank you.
ALEXANDER:
Thank you Senator Hassan and Senator Murray. Thank you to Mrs. DeVos for being here. I appreciate your being here for three hours and 15 minutes and giving us a chance to ask you questions you have set a record in terms of the last three education secretaries in any event.
I am going to put in the record, with consent, a letter from the log cabin Republicans, who wrote to me as chairman of the committee, about a suggestion that you might be anti-gay. According to Gregory T Angelo, president, he said, far from being an anti-gay fire breather, Mrs. DeVos actually has a history of working with and supporting gay individuals. when her senior adviser, Greg McNeilly was accosted by Michigan state senator who threatened to make his sexual orientation a matter of public record because of his opposition to a constitutional amendment banning marriage equality, Mrs. DeVos put an end to the bullying and harassment.
Furthermore in 2013, Mrs. DeVos called for the resignation of then Republican National Committee Man, Dave Agema, for posting erroneous and vitriolic antigay statements on line. Mrs. DeVos should be commended for proving that differences of opinion relating to marriage equality do not equate to anti-gay and as most log cabin republican stand in support of her nomination for secretary of education and encourages for a swift confirmation.
Senators who wish to ask additional questions to our nominee. Those are due by the close of business on Thursday, Jan 19. For all other matters, the hearing record will remain open for 10 days. Members may submit additional information for the record within that time. The next hearing of our committee will be tomorrow morning at 10:00 for the nomination of Tom Price for United States Secretary of Health and Human Services. Thank you for being here.
WARREN:
Mr. Chairman, I also have a letter I just like to add for the record as well from the Massachusetts Charter Public Schools Association, raising questions about accountability. they are strong supporters of charter schools, but very concerned with Mrs. DeVos' record with accountability for charter schools in Michigan.
ALEXANDER:
Thank you Senator Warren, it will be included in the record. The committee will stand adjourned
(UNKNOWN)
Let me on unadjourn the committee for a moment out of -- I would have a suggestion that I hope might resolve a problem earlier which is my understanding is that under rule 26, that the standing rules of the senate, three of us have the right to ask you to call minority witnesses before the committee to whom we could address questions.
And that may be a way through this so I would make that request assuming that...
ALEXANDER:
Well that request has been made earlier, and I denied that. we have not done that in my experience. That would -- our tradition is to invite the nominee, ask the nominee questions, which we have done. They go through the process, which I have described at length. I appreciate your request, but I'm not going to agree to it. The committee is adjourned.