[Senate Hearing 115-732]
[From the U.S. Government Publishing Office]
S. Hrg. 115-732
NOMINATION OF FRANK T. BROGAN
TO BE ASSISTANT SECRETARY
FOR ELEMENTARY
AND SECONDARY EDUCATION
=======================================================================
HEARING
OF THE
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
ON
EXAMINING THE NOMINATION OF FRANK T. BROGAN, OF PENNSYLVANIA, TO BE
ASSISTANT SECRETARY FOR ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT
OF EDUCATION
__________
JANUARY 25, 2018
__________
Printed for the use of the Committee on Health, Education, Labor, and Pensions
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
28-515 WASHINGTON : 2020
COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
LAMAR ALEXANDER, Tennessee, Chairman
MICHAEL B. ENZI, Wyoming PATTY MURRAY, Washington
RICHARD BURR, North Carolina BERNARD SANDERS (I), Vermont
JOHNNY ISAKSON, Georgia ROBERT P. CASEY, JR., Pennsylvania
RAND PAUL, Kentucky MICHAEL F. BENNET, Colorado
SUSAN M. COLLINS, Maine TAMMY BALDWIN, Wisconsin
BILL CASSIDY, M.D., Louisiana CHRISTOPHER S. MURPHY, Connecticut
TODD YOUNG, Indiana ELIZABETH WARREN, Massachusetts
ORRIN G. HATCH, Utah TIM KAINE, Virginia
PAT ROBERTS, Kansas MAGGIE HASSAN, New Hampshire
LISA MURKOWSKI, Alaska TINA SMITH, Minnesota
TIM SCOTT, South Carolina DOUG JONES, Alabama
David P. Cleary, Republican Staff Director
Lindsey Ward Seidman, Republican Deputy Staff Director
Evan Schatz, Democratic Staff Director
John Righter, Democratic Deputy Staff Director
C O N T E N T S
----------
STATEMENTS
THURSDAY, JANUARY 25, 2018
Page
Committee Members
Alexander, Hon. Lamar, Chairman, Committee on Health, Education,
Labor, and Pensions, Opening statement......................... 1
Murray, Hon. Patty, Ranking Member, a U.S. Senator from the State
of Washington, Opening statement............................... 3
Nelson, Hon., Bill, a U.S. Senator from the State of Florida..... 5
Witness
Brogan, Frank T., Nominee to be Assistant Secretary for
Elementary and Secondary Education, Department of Education.... 6
Prepared statement........................................... 7
ADDITIONAL MATERIAL
Statements, articles, publications, letters, etc.:
Alexander, Hon. Lamar:
Letters of Support for the nomination of Frank Brogan:
Council of Chief State School Officers (CCSS)................ 22
Eduardo J. Padron, President of Miami Dade College........... 23
Elizabeth A. Bolden, President & CEO of Pennsylvania
Commission for Community Colleges.......................... 23
Florida Chamber of Commerce.................................. 24
Grace Williams, Principal/Owner of Parsons Christian Academy. 25
Jeb Bush, Former Governor of Florida......................... 25
John F. Kirtley, Chairman of Step Up For Students............ 26
John Thrasher, President of Florida State University......... 26
Karen M. Whitney, Interim Chancellor of Pennsylvania State
System of Higher Education................................. 27
Marshall M. Criser, III, Chancellor of the State University
System of Florida.......................................... 27
Michael Brawer, CEO and Executive Director of the Association
of Florida Colleges (AFC).................................. 28
Pam Stewart, Florida's Commissioner of Education............. 29
Pedro A. Rivera, Pennsylvania's Secretary of Education....... 29
State Higher Education Executive Officers Association (SHEEO) 30
Toni Jennings, Former Lt. Governor of Florida................ 30
William J. Montford, III, Florida State Senator.............. 31
QUESTIONS AND ANSWERS
Response by Frank T. Brogan to questions of:
Senator Collins.............................................. 31
Senator Murkowski............................................ 31
Senator Young................................................ 33
Senator Murray............................................... 33
Senator Casey................................................ 38
Senator Warren............................................... 41
Senator Hassan............................................... 46
NOMINATION OF FRANK T. BROGAN
TO BE ASSISTANT SECRETARY
FOR ELEMENTARY
AND SECONDARY EDUCATION
----------
Thursday, January 25, 2018
U.S. Senate,
Committee on Health, Education, Labor, and Pensions,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m., in
room 430, Dirksen Senate Office Building, Hon. Lamar Alexander,
Chairman of the Committee, presiding.
Present: Senators Alexander [presiding], Murray, Bennet,
Murphy, Warren, Kaine, Hassan, Smith, and Jones.
OPENING STATEMENT OF SENATOR ALEXANDER
The Chairman. The Senate Committee on Health, Education,
Labor, and Pensions will please come to order.
Today's hearing is on Frank Brogan, the nominee to serve as
the Assistant Secretary of Elementary and Secondary Education.
Senator Murray and I will each have an opening statement,
then Senator Nelson will introduce Mr. Brogan, and after his
testimony Senators will each have 5 minutes of questions.
Governor Brogan, you come with impressive qualifications
for the role to which you have been nominated, and we are
grateful for your willingness to serve.
You come to this position with nearly every possible
educational perspective.
You were the first in your family to attend college,
earning a Bachelor's degree in education. Then you went on to
attend graduate school, earning a Master's degree in education.
You served as an elementary school teacher, principal, and
superintendent, and as Florida's Commissioner of Education and
Lieutenant Governor.
You also served as Chancellor of the Florida Board of
Governors, and as President of Florida Atlantic University, and
prior to your most recent role, served as Chancellor of the
Pennsylvania State System of Higher Education.
Your official nomination was received on December 19 by the
Senate.
On January 2nd, this Committee received a letter from the
Office of Government Ethics, which carefully reviewed your
financial information and found that you are in compliance with
applicable laws and regulations governing conflicts of
interest.
In accordance with our Committee rules, you've submitted
your Committee paperwork on January 16.
You have offered to meet with every Senator on this
Committee.
As Assistant Secretary for Elementary and Secondary
Education, your job will be to implement laws as Congress wrote
them, including the law we wrote fixing No Child Left Behind.
This is an especially important law to the Members of this
Committee. We held 27 hearings, spent countless hours, both
Members and their staffs, working out our differences and
reaching a consensus. We held a 3-day markup where we
considered 57 amendments, and we approved it 22 to 0. It passed
the Senate 85 to 12 after more debate, more amendments, and a
conference committee with the House.
In the end, we produced a law that reflected our consensus
at the start: Continue the law's important measurements of
academic progress of students but restore to states, school
districts, classroom teachers and parents the responsibility
for deciding what to do about improving student achievement.
This change should produce fewer tests and more appropriate
ways to measure student achievement.
Under ESSA, the Every Student Succeeds Act, in order to
receive $15.5 billion in Federal Title I funding, every state
must submit its Title I plans to the Department of Education
that sets goals for that state's students and shows how the
states will hold schools accountable for their performance.
Today, states are in the process of getting their plans
approved, or have gotten their plans approved and are beginning
to implement them.
Every state has submitted a state plan and the Department
has approved 35, including the District of Columbia and Puerto
Rico.
Mr. Brogan, you will be overseeing the approval of the
remaining state plans, and you will be monitoring and
evaluating whether the states are doing what they said they
would do, if you are confirmed, which I hope you will be.
While the state plans are important, it is implementation
of them that is crucial.
I commend the work that Secretary DeVos and her staff have
already done in approving these plans. She is charting new
territory, approving plans that give states dramatic new
freedom to set goals and hold students accountable. And I
believe she has been following the law, appropriately balancing
the law's flexibility and its guardrails.
I would note that she deserves particular credit for
implementing the new law without the nominee for Deputy
Education Secretary, General Mitchell Zais, the nominee for
General Counsel, Carlos Muniz, and the nominee for Assistant
Secretary for Planning, Evaluation, and Policy Development,
James Blew. We held hearings on those nominees in September and
in November, yet they're not yet confirmed.
Last week Senator Murray raised concerns about state plans
being approved that did not follow the law. My staff have
looked at the state plans and think the plans do follow the
law, so we have asked for specific details. Senator Murray has
given me some information today to identify which states are a
problem, what provisions she believes they might have violated.
Secretary DeVos has offered to meet with Senator Murray and me,
and we're going to schedule that right away. We worked together
to create this bipartisan success, so I want to take any
concerns seriously.
The Secretary, the peer review panels, and the career
lawyers at the Department have reviewed the state plans and
they have not raised any concerns that I'm aware of. Requests
for clarification from states were done in calls and feedback
letters to improve the plans.
Secretary DeVos has said she would like to meet with us to
discuss the specifics of any remaining concerns. As I said, we
will schedule that soon.
I would also urge the Senate to confirm these nominees so
that we have more people to help the Secretary implement the
law the way we wrote it.
I look forward to hearing more from you today.
Senator Murray.
OPENING STATEMENT OF SENATOR MURRAY
Senator Murray. Thank you very much, Chairman Alexander.
Mr. Brogan, thank you for your willingness to serve as
Assistant Secretary for Elementary and Secondary Education.
This role is critically important and, if confirmed, you will
be responsible for overseeing the implementation of our
Nation's K-12 law, the Every Student Succeeds Act.
As you know, in 2015, Chairman Alexander and I agreed and,
in fact, many people around the country believed that the No
Child Left Behind law was badly broken and needed to be fixed.
It relied on a one-size-fits-all mandate and failed to provide
struggling schools with the resources they needed to improve.
We worked together to break through some partisan gridlock
here and negotiated a bipartisan education law, and we agreed
that states should have more flexibility, but that doesn't mean
that we gave states a blank check. We also agreed on strong
Federal guardrails to identify struggling students in schools
so they can get the support that they need.
However, now that the law is passed and beginning to be
implemented, I am very concerned that the Department of
Education is approving state plans that do not comply with all
of ESSA's Federal guardrails. Chairman Alexander and I agreed
on many things when we were writing ESSA, and I was glad to
hear him say last week that if I had concerns with the
Department's implementation, then he had concerns, and I'm very
glad now that Secretary DeVos is listening to us and just let
us know today that she's offered to meet with us to discuss
this. I'm hoping that that means she's ready to take action to
correct the problems we see, because it is a very important
first step.
I'm confident we can work together and with Mr. Brogan if
he is confirmed to ensure the Department is providing states
with the feedback and guidance required in the law. We worked
in good faith to negotiate ESSA, and I know we can carry on
that good faith as we advise the Department on ESSA, and then I
know we can continue in this Committee to work in good faith on
other education laws, including reauthorization of the Higher
Education Act.
Now, I want to dig deeper into two examples of how the
Department is currently not following ESSA and how it impacts
students. Here is one example.
In order to ensure that our most vulnerable students are
not able to fall through the cracks, ESSA actually requires
schools to pay special attention to sub-groups of students who
have historically struggled, including students of color, low-
income students, English learners, and students with
disabilities. states have to assess their schools not only by
their overall performance but also by the performance of those
student subgroups in the schools.
Here's what it means for students. Let's say a state ranks
its schools on an A through F grading scale. When averaged, all
performance of the students averaged together, the school earns
an A. But let's say many students of color or many low-income
students are failing. That is a clear problem for that school,
and states should be able to identify and provide support when
our most vulnerable students are falling behind.
Yet today, the Department is approving plans that do not
include subgroup performance in state systems for measuring
schools.
Here's another example. One of the Federal Government's
primary responsibilities in ESSA is to provide resources and
support for schools who need improvement. ESSA requires the
states to identify three different types of schools that need
support and improvement, and the law is very clear on that--
three. But instead, the Department is approving plans that only
identify two categories of schools or include the same
definition for two types.
I want to, by the way, touch on a common misconception on
this topic. Identifying struggling schools is not intended to
punish or embarrass those schools. It is to determine which
schools are struggling in what way and what resources are
needed to get those schools back on track.
Chairman Alexander, we negotiated this law for over a year
and we included those provisions because we believed that they
would help students and schools and communities.
I believe in this law, and I'm not going to stop raising
these issues until the Department resolves them. I'm glad that
the Secretary is meeting with us. I've had a chance today to
give Senator Alexander some of our specific examples. But I
look forward to hearing from you today, Mr. Brogan, on these
and other issues in the law.
Now, before I end, I do want to mention one other issue
which is very important to me and to many others that affects
parents and students and teachers around the country, and that
is the Trump administration's desire to privatize our schools.
Before her nomination, Secretary DeVos' experience in
education didn't go much further than promoting her
privatization agenda across the country, and after her
confirmation hearing millions of people, millions, stood up,
made their voices heard, and rejected her extreme ideological
agenda.
I am relieved that she has largely been unsuccessful in
using her position at the Department to siphon money away from
public schools, though we have seen attempts by the Department
to manipulate ESSA to provide taxpayer dollars to privatization
schemes.
I know, Mr. Brogan, you share her views on privatizing our
public schools, but I want to advise you against any effort to
use our Nation's Federal education law to promote personal
beliefs. That's critical to me. If you are confirmed as the
Assistant Secretary of Elementary and Secondary Education, you
will be responsible for an entire generation of students and
their future. I hope you are prepared today to commit to
putting them ahead of any kind of ideological agenda.
With that, I look forward to hearing your testimony.
The Chairman. Thank you, Senator Murray.
I'm pleased to welcome our nominee, Mr. Brogan. I thank him
for his willingness to serve our country yet again. He's done
that many times in many different ways.
He is joined today by his wife, Courtney, and his son,
Colby. Thank you for coming. We welcome you both.
Mr. Brogan spent much of his career in Florida, so Senator
Bill Nelson will introduce him.
Senator Nelson, welcome, and we know you have a busy
schedule this afternoon, so after your introduction you're free
to stay or free to leave according to your own schedule.
STATEMENT OF SENATOR NELSON
Senator Nelson. Yes, sir.
Frank, it's good to see you. I hadn't seen you in a while.
Mr. Chairman, this is really an august gathering here.
Senator Murray was a teacher. You, Mr. Chairman, were a
university president. Mr. Brogan has been a 5th grade teacher,
a dean of students, an assistant principal, a principal, a
superintendent of his county education, then the state
secretary of education, an elected position, then Lieutenant
Governor, then university president at Florida Atlantic
University, and then university president in Pennsylvania. I'm
just a country lawyer. You're amidst all of these educational
experts, and I'm here to tell you of my personal relationship
and friendship with Frank over the years.
We served together in the state government when he was the
Secretary of Education, as well as our Lieutenant Governor. It
is a pleasure for me to come and give a warm Florida stamp of
approval as you all consider this nomination for a very, very
important position, Assistant Secretary for Elementary and
Secondary Education.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Nelson, and thank you for
making time to be here.
Mr. Brogan, welcome. If you could summarize your remarks in
about 5 minutes, then that will leave time for Senators to have
questions of you.
Welcome.
STATEMENT OF FRANK T. BROGAN, OF HARRISBURG, PA, NOMINATED TO
BE ASSISTANT SECRETARY FOR ELEMENTARY AND SECONDARY EDUCATION,
DEPARTMENT OF EDUCATION
Mr. Brogan. Thank you, Mr. Chairman, and to Ranking Member
Murray, Members of the Committee.
First, I would be remiss if I did not thank Senator Nelson
for his very kind comments. He is right, we worked together for
a good many years, and hopefully both of us together and
individually attempted to do good things in that case for the
State of Florida. I really take this time to say thank you for
providing the time that he did. You're right, he's a very busy
man, and it is great that he was able to be here.
It's an honor to be here today, and I mean that. Following
the 40 years of public service at the local and state level,
the possibility of serving as the Assistant Secretary for
Elementary and Secondary Education in the United States
Department of Education is both a humbling yet thrilling
prospect for me.
First of all, as we just did, I want to acknowledge once
again the two most important people in my life. The Chairman
was kind enough to acknowledge them a moment ago. My wife,
Courtney--we have been married for 14--15 years. That is a
terrible thing for a husband to do, especially since we just
celebrated our 15th anniversary. Colby John was born 13, almost
13 years ago next month.
As the youngest of six children, my twin brother John and
I--yes, there are two of us--never had the chance to know our
father. Growing up in a single-parent household following his
very early passing, we were raised by a mother who worked
tirelessly to make certain that we were fed, clothed and, most
importantly, loved. Perhaps, however, the greatest gift that
she provided to us was her tremendous emphasis on the
importance of our education. She did whatever was required to
ensure that all of us took advantage of that education and
ultimately had the chance to live, not just dream, the great
American Dream. So to my entire family today, especially my
late mother, I say thank you for what you have done for me.
I would now like to tell you a little about my career--
you've heard some of it mentioned here this afternoon already--
in education and public service. I was, as stated, a first-
generation university student. And working a multitude of part-
time jobs, coupled with the help of financial aid, enabled me
to graduate from the University of Cincinnati, as mentioned,
with a degree in elementary education, a career, by the way,
that I had aspired to since middle school.
With my late wife Mary also a newly minted educator, we
graduated and began our careers in Florida. I will never forget
the first day that I spent as that 5th grade teacher, nervously
watching the boys and girls as they quietly filed into the
classroom and took their seats that morning. It was an
exhilarating yet very powerful moment. These were my students
and they were my responsibility. They were the children of
differing ethnicities, of varying native tongues, economic
circumstances, and family structures. Their parents were
entrusting me with their own children's safety, learning, and
ultimately seeing to it that I contributed to each of their own
earned shot at that same American Dream. I set high
expectations for all of them, and we worked together to make
certain that they could and would rise to those expectations.
For the next 39 years, I have held myself to those same
basic principles of hard work and pursuit of excellence as a
teacher, assistant principal, principal, school superintendent,
commissioner of education, Lieutenant Governor, university
president, and chancellor of two state university systems.
Now, as I make my case to work on behalf of all of
America's children and families, I would like to thank the
President and Secretary DeVos for providing me the chance to
continue engaging in the two priorities which I hold so dear,
education and public service.
My 40 years with students has also been marked by many
life-changing experiences. I will never forget standing near
President George W. Bush at an elementary school in Sarasota,
Florida on September the 11th, 2001, as a classroom of 1st-
graders proudly read to him until he was interrupted with the
news that our country was indeed under attack. I remember, as
if it were yesterday, the request he made of me as we later
moved to the media center, where he would read a statement to
the large group of students, parents, and teachers gathered
there, followed by a moment of silence for those already lost.
His request was offered to someone that he knew had spent a
career as a teacher and an educator. Specifically, he asked
that following his departure, I remain and address the students
who had just learned of these events in a way that perhaps only
a teacher might.
I hope you can better understand why my 40 years in
education and public service has meant so much to me, but
perhaps also have a better glimpse into why your consideration
of my nomination for this position is such a very humbling
experience and possibility.
Even now, as I observe with the rest of the country the
Department's efforts to review and approve state plans, as the
Chairman mentioned, I grow more excited at the prospect of
being directly involved in the new direction afforded to us by
the Every Student Succeeds Act, a powerful piece of bipartisan
legislation, as the Ranking Member had mentioned. This includes
the next critical phase of implementation involving monitoring
and support for these plans, and providing strong evidence-
based technical support to those embracing the challenge to
greatly improve the education, and thus the lives, of our
students.
Please know that if I am fortunate to be confirmed by the
Senate, I will remain committed to the same principles which
bring me here before you today.
Thank you again, Ranking Member, Mr. Chairman, Members of
the Committee, and I look forward to answering your questions
as best I can today.
[The prepared statement of Mr. Brogan follows:]
prepared statement of frank t. brogan
Thank you, Chairman Alexander, Ranking Member Murray and Members of
the Committee.
First, permit me to tell you what an honor it is to be here today.
Following 40 years of public service at the local and state level, the
possibility of serving as the Assistant Secretary for Elementary and
Secondary Education in the U.S. Department of Education, if confirmed,
is both a humbling yet thrilling prospect.
Second, I would like to introduce the two most important people in
my life--my wife Courtney Brogan, an attorney by training and the
mother of our son, Colby John, who was born 13 years ago next month
while I served as President of Florida Atlantic University in Boca
Raton. I am proud to say that Courtney and I just celebrated our 15th
wedding anniversary.
As the youngest of six children, my twin brother John and I never
had the chance to know our father. Growing up in a single parent
household following his early passing, my brothers, sisters, and I had
the great opportunity to be raised by a mother who worked tirelessly to
make certain that we were fed, clothed, and most importantly, loved.
Perhaps, however, the greatest gift that she provided to all of us was
her tremendous emphasis on the importance of our education. She did
whatever was required to ensure that all of us took advantage of that
education and ultimately had the chance to live, and not just dream
about, our share of the great American Dream. So to my entire family,
especially my late mother, I say, ``thank you for what you have done
for me.''
Third, I would like to tell you a little about my career in
education and public service. I was a first generation university
student. I commuted to the university and worked a multitude of part
time jobs while in school. That work, along with the help of financial
aid, enabled me to graduate from the University of Cincinnati with a
degree in elementary education; a career I had aspired to since middle
school.
With my late wife Mary also a newly minted educator, we graduated
and began our careers in Florida. I will never forget the first day
that I spent as that 5th grade teacher--nervously watching the boys and
girls as they quietly filed into their seats that morning. It was an
exhilarating yet powerful moment. These were my students and my
responsibility. They were children of differing ethnicities, of varying
native tongues, economic circumstances and family structures. Their
parents were entrusting me with their own children's safety, learning,
and ultimately seeing to it that I contributed to each of their own
earned-shot at that same American dream. I set high expectations for
all of them, and we worked together to make certain that they could and
would rise to those expectations during that school year.
For the next 39 years, I have held myself to those same basic
principles of hard work and pursuit of excellence as a teacher,
assistant principal, principal, school superintendent, commissioner of
education, Lieutenant Governor, university president, and chancellor of
two state university systems. And now, as I make my case to work on
behalf of all of America's children and families, I would like to thank
the President and Secretary DeVos for providing me the chance to
continue engaging in the two priorities which I hold so dear--education
and public service.
My time as an educator has been spent helping to fulfill the
promise of a nation to our students at every level and help them
understand that, if they do their part, they will have the chance to
grow up and be everything they are capable of being. My 40 years with
students has also been marked by many life changing experiences. Not
only has my own life changed, but I have been witness to so many other
lives being changed along the way.
I vividly recall watching with over a thousand middle school
students from our vantage point just south of Cape Canaveral, the
explosion of the space shuttle Challenger and the death of the entire
crew, including teacher Christa McAuliffe. As principal, it was up to
me to ensure that our school's wonderful teachers could assist those
students in processing the tragedy and completing the rest of the day
as best we could.
I will also never forget standing near President George W. Bush at
an elementary school in Sarasota Florida on September 11, 2001, as a
classroom of first-graders proudly read to him until he was interrupted
with the news that our country was under attack. I remember, as if it
were yesterday, the request he made of me as we later moved to the
media center, where he would read a statement to the large group of
students, parents and teachers gathered there, followed by a moment of
silence for those already lost. His request was offered to someone he
knew had spent a career as a teacher, an educator. Specifically, he
asked that following his departure, I remain and address the students
who had just learned of these events in a way that perhaps, only a
teacher might.
Chairman Alexander, Ranking Member Murray and Members of the
Committee, I hope you can better understand now why my 40 years in
education and public service has meant so much to me but perhaps also
have a better glimpse into why your consideration of my nomination for
this position is such a humbling possibility for me.
Even now as I observe with the rest of the country the Department's
efforts to review and approve state plans, I grow more excited at the
prospect of being directly involved in the new direction afforded to us
by the Every Student Succeeds Act, a powerful piece of bi-partisan
legislation. This includes the next critical phase of implementation
involving monitoring and support for these plans, and providing strong
evidence based technical support to those embracing the challenge to
greatly improve the education, and thus lives, of our students.
Please know that if I am fortunate to be confirmed by the Senate, I
will remain committed to the same principles which bring me here before
you today. Thank you again for this opportunity and I look forward to
answering your questions.
______
The Chairman. Thank you, Mr. Brogan.
We'll now begin a 5-minute round of questions.
I'm going to defer my questions and go to Senator Murray.
Senator Murray. Thank you very much, Mr. Chairman.
Mr. Brogan, as I highlighted in my opening statement, there
have been a series of problems with ESSA implementation under
the Trump administration, including importantly a lack of
transparency in the state plan approval process, and I hope to
hear from you on how you will work with Congress to fix those
problems.
As one of the authors of the law, I've raised my concerns
both to Secretary DeVos and before this Committee. The Chairman
has been very helpful in convening conversations with the
Department, but there's been no resolution to the concerns I've
raised, and the Department is continuing to approve state plans
that violate ESSA. It concerns me that Secretary DeVos has not
yet appeared before this Committee, all of us, to discuss
implementation. I actually think that's unacceptable. Secretary
King, by contrast, appeared twice before our Committee during
the first year of ESSA implementation.
I wanted to ask you, Mr. Brogan, if you're confirmed, you
will lead the office within the Department that has primary
responsibility for implementing this law successfully. Will you
commit to appearing before this Committee regularly to update
us on the continued implementation of the law, including what
the Department will do to address state and local
implementation that violates ESSA's guardrails?
Mr. Brogan. Thank you, Senator Murray. I commit to
transparency. I commit to working with the Department. Of
course, I have not yet been involved at the Department with the
approval process of the ESSA plans as I don't work in the
Office of Elementary and Secondary Education. But I do commit
to you that, as the Secretary has said, the first step is
making certain that plans are approved that comport and comply
with the law before we move into implementation.
Senator Murray. Okay. Are you willing to come back before
our entire Committee to address questions about it?
Mr. Brogan. If invited, I would be happy to attend.
Senator Murray. Okay, within the coming months the
Department is likely to approve all of the state plans, and do
so without addressing the concerns that I and many others
actually have raised. So as the approval process concludes, the
Department's monitoring of state accountability plans, the
monitoring itself, will become all the more important.
Do you commit to working with Congress to establish open
and transparent monitoring processes to evaluate whether states
and school districts are complying with all of ESSA's
guardrails?
Mr. Brogan. Senator, thank you. I commit to making certain
that, again, we follow the laws that were laid down by Congress
in the creation of that bipartisan piece of legislation in not
only the approval but also the implementation of this first
round of ESSA plans and look forward to working with you if I'm
fortunate enough to be confirmed to make sure that's true.
Senator Murray. Okay. Let me ask you, if you're confirmed,
can you describe some of the initial steps that you will take
to develop a robust monitoring process, and what are some of
the leading indicators that the Department should monitor to
determine if ESSA is being well implemented?
Mr. Brogan. Thank you, Senator. One of my first
obligations, if I'm fortunate enough to be confirmed for the
position, would be to actually then begin deep conversations
with the people who have been involved in this process to date.
Thus far, because I am the Deputy Assistant with authority
authorized by the Secretary in the Office of Planning,
Evaluation and Policy Development, one of the things that I
have not been able to do because of the confirmation
requirements that I couldn't is to make certain that I know all
I can know beyond what I've already worked on, which is to
review all of the plans because they are all online; the
feedback letters, which are also online I've been able to read;
and, of course----
Senator Murray. Have you thought yet about the monitoring
process once these have been approved?
Mr. Brogan. I have begun to formulate ideas, but it's
impossible to really get into it too deeply until I first get a
clearer understanding of how it's been approached thus far, and
then how we would move not only with a continuation of approval
of those plans if there are still plans to be approved by the
time I were fortunate enough to be confirmed, and then also
move into the monitoring phase.
Senator Murray. All right. Well, one of the reasons
Chairman Alexander and I worked together to get an ESSA bill
passed was the growing concern from states across the country
that the Obama administration was administering our Nation's K-
12 education law through waivers. Everybody was getting
waivers. It wasn't working. And at the time, states in
particular raised concerns about the lack of transparency and
consistency in the interpretation of No Child Left Behind from
one state to another.
In passing ESSA, it was our intention to put our Nation's
K-12 law on stable footing and ensure the law was implemented
consistently across all 50 states. So it's really concerning to
me that the Department has already approved at least six
waivers of various provisions of our bipartisan law, and done
it with very little transparency to Members of Congress or to
the public.
I wanted to ask you, will you commit to improving the
transparency of the waiver process, and specifically by posting
the content of the waivers approved by the Department, not just
the approval letters but the actual content?
Mr. Brogan. Senator, suffice it to say, I believe in
transparency after all of these years, but because I haven't
been deeply involved for all the right reasons in the process
itself, again what I would need to do if I'm fortunate enough
to be confirmed is to go in and look at the process that's been
used for waivers in that regard. In reading the law and posting
it up against what I've seen, I believe I'm correct in saying
that none of the plans have contained waivers that have been
approved at this point. These would each, that have been
approved, be freestanding waivers, as far as I know.
Senator Murray. Right. But because there is no public
understanding of this, we are walking ourselves into everybody
doesn't know why they got a waiver. It's not public; we just
know they got waivers. I really believe that we need to have a
better open process on this.
Mr. Brogan. Thank you.
The Chairman. Thank you, Senator Murray.
Senator Hassan.
Senator Hassan. Thank you, Mr. Chair and Senator Murray.
Good afternoon, Mr. Brogan.
Mr. Brogan. Hello, Senator.
Senator Hassan. It is good to see you.
Mr. Brogan. Good to see you again.
Senator Hassan. To Mrs. Brogan and to Colby, thank you for
sharing your dad. To Colby in particular, public service takes
a lot out of the people who actually do it. It takes a lot out
of their family, too. So we're very, very grateful.
I wanted to just start this afternoon's conversation by
reinforcing what Senator Murray has said. We work on a
bipartisan level here. It's very important that we know what is
carried out during implementation follows congressional intent
and reflects the bipartisan agreement that we make. And to that
point, I want to follow-up a little bit on this idea of
subgroups.
As Senator Murray has said, ESSA requires that states
separate out data by demographics of students who historically
have required additional supports in an education setting.
Subgroups include English language learners, low-income
students, and students who experience disabilities.
The data is intended so that we can determine what schools
need targeted supports, even in cases where the average overall
performance is not a cause for concern. Some states have chosen
not to use subgroup performance in school ratings at all,
which--I would echo Senator Murray--is a clear violation of the
law. In addition, some states propose to create so-called super
subgroups by combining two or more groups together.
When states have proposed using these super subgroups, the
Department has been inconsistent in enforcing the requirement.
For example, as Senator Murray has pointed out, some states
don't include subgroup performance in school ratings at all.
Going back to our discussion here of the importance of
clarity and transparency, the very people who need to
understand how schools are doing around certain subgroups the
most--the families of students who belong in these subgroups--
aren't able to get the information if the data aren't being
collected, or if the subgroups are being aggregated into these
super subgroups. I know from my time as Governor that there
were times a school district would say to us--literally they
would say things along the lines of we can't educate, for
instance, children with disabilities. We have too many kids
with severe disabilities, we just can't do it. And we'd be able
to point to aggregated data from another school system and say,
actually, this school system is doing it really well. Here's
the data. Why don't you share best practices here?
If confirmed, do you commit to working with all states to
disaggregate subgroup data in their state plans and to use this
data as required by law?
Mr. Brogan. First of all, Senator, thank you for the time.
You were kind enough, a lot of it that you gave me yesterday,
to have a chance to meet with you and talk about a great many
issues. I appreciate it. You were very kind in doing so.
Senator Hassan. You're welcome.
Mr. Brogan. Relative to your question, I'm working under
the absolute belief that the plans that have been approved were
in compliance with the law in all of the required areas. By
virtue of that fact, as soon as I move into that job, should I
be fortunate enough to be confirmed, again, I will be able to
gather significantly more in-depth information about the
process and how it has all moved forward.
But I know that the Secretary makes her first obligation--
I've heard her say it many times--seeing to it that all of
those plans in the minds of the Department, including the
Secretary, comport and comply with the law.
Senator Hassan. Well, thank you, and we would look forward
to following up, particularly around this issue.
Mr. Brogan. Thank you, Senator.
Senator Hassan. I also want to go to another issue. The
most recent civil rights data collection reported over 100,000
cases of restraint and seclusion were used during the 2014 to
2015 school year, the vast majority of which were used on
students with disabilities.
If confirmed, how will you work to reduce the incidence of
the use of restraints and seclusion, and will you continue to
support the Department, the guidance that the Department has
provided to state and local education agencies to address the
use of restraint and seclusion?
Mr. Brogan. Thank you, Senator. Of course, it's probably
not a surprise after so many years and so many different
capacities that the issue of restraint and seclusion is not, of
course, as you know better than most, not a new one. It is
something that has been in the system as an issue for a good
long time, and it should be. It's a very, very important and
delicate issue.
Even though the Office of Elementary and Secondary
Education does not directly weigh in on that issue from the
Department right to the schoolhouse level, clearly working with
other parts of the agency, such as the Office of Students with
Disabilities, of course, and the Office of Civil Rights, the
numbers that are out there which are available should always be
looked at and reviewed and, if necessary, conversations take
place about that.
Senator Hassan. Well, I thank you, and I'm out of time. I'd
like to follow-up with you on that because there are best
practices that can greatly reduce the amount of seclusion and
restraint used. It's a civil rights issue, and it should be on
the forefront of everybody at the Department of Education
regardless of which chair they sit in. Thank you.
Mr. Brogan. Mr. Chairman----
The Chairman. Thank you, Senator.
Mr. Brogan ----if I might, just a real quick follow-up, I
promise.
I agree with you very much and have for my whole career
that one of the greatest things we can do is recognize why in
some cases restraint may be necessary, and yet always be on the
lookout for how we can work with faculty, staff, in making
certain that the number of restraints are always looked at and,
if possible with differing strategies, reduced.
Senator Hassan. Thank you. I look forward to working with
you.
Mr. Brogan. Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Hassan.
Senator Jones.
Senator Jones. Thank you, Mr. Chairman.
Thank you, sir, for your service. Congratulations on this
nomination.
I've just got a couple of things, and I'd like to follow-up
a little bit on what Senator Murray and Senator Hassan were
kind of talking about. I'm going to need to go back to this
transparency issue. I understand that you're not necessarily in
the weeds of the Department, but you mentioned that there were
some plans you saw that you felt complied with the law, and I
guess my question has a couple of parts.
Number one, were those plans you did review that you
thought complied with the law, were any questions at all raised
about those plans in your mind about whether or not they, in
fact, complied with the law?
Second, in anticipation of your testimony today, did the
Department not brief you in any way about the thinking and the
processes they went through to get to those applications in the
approval process?
Mr. Brogan. Thank you, Senator Jones. First of all, welcome
to you.
Senator Jones. Thank you.
Mr. Brogan. We're both new.
Thank you for the question. Let me address the last part
first. Because of my role, and because of the Federal law
regarding vacant positions, it was not the Department's desire
not to provide me opportunities in elementary and secondary
education, or even briefings in that regard, but to make
certain that we were in compliance with that particular law.
Because that's not the role that I currently serve in, that's
the one that I am being considered for via confirmation, I
really have been unable to appropriately become extremely well
versed in how the specifics of the approval process took place.
The second part, I did review many of those plans. But
again, without being able to hear those conversations and being
on the formulation of approval, it was difficult for me to even
consider whether that was the case. I apologize for that but--
--
Senator Jones. That's Okay.
Mr. Brogan. But that was intentional.
Senator Jones. That's Okay. That's fair enough.
The other area I want to ask about real briefly is in the
area of vouchers. I know you have been a proponent of vouchers,
and I will tell you in Alabama that's a particular problem, and
for me on a personal level, because I don't think we fund our
schools as well as we should, particularly in a lot of the
areas. There are a lot of private foundations that help more of
the affluent schools. Where I live, I pay a fair amount more
property tax because my community can afford it. I'm also
concerned that so many of the private schools--and I'm just
going to be candid about this--private schools that I've seen
in Alabama and throughout the south were originally formed for
one reason, and that's to get around the desegregation laws and
to have separate schools. In fact, Alabama and other places,
the schools seem to be more segregated than ever.
Can you kind of walk me through your thinking? Because I'm
concerned about taking money from an already poor school system
and putting that in a private school that may or may not have
been formed in the 1960's to get around court orders and the
civil rights laws, but really just taking the money out of the
public education. Because I will tell you, we've got great
educators here. I feel pretty good because I'm a product of the
public schools of Alabama, and I'm a strong proponent.
Could you address vouchers for me a little bit, and
particularly moving money from the public schools to private
schools?
Mr. Brogan. Yes, sir, I'd be happy to do that. Two parts.
First of all is the word ``privatization.'' I want to make it
clear to all of the Members today that I have worked in and
around and for public education for my entire adult life, and I
have no intention of attempting to privatize public education.
On the second side of the coin is the issue of the word
``voucher.'' First of all, let me be clear that I am a
proponent of choice for parents, a wide variety of choices,
unique oftentimes to the individual students who attend. But
that includes, first and foremost, choices within the public
education system today.
I've been involved in the creation of magnet schools and
charter schools and different schools of choice within the
public school setting. But the idea of possibly expanding that
still exists, and I will tell you that if done under the right
parameters and in the appropriate way, with all the right
thoughts going into those decisions, it can be done and be done
appropriately.
I realize the sensitivity of the issue, but I just wanted
to clear the record there that I have no interest in
privatizing the public education system that serves, obviously,
the lion's share of America's children today and will for a
long, long time.
Senator Jones. Thank you, sir. I appreciate your answer to
that. I appreciate you coming with your family, and if you're
confirmed I'll look forward to seeing you back in front of this
Committee.
Mr. Brogan. Welcome to you, sir.
Senator Jones. Thank you so much.
The Chairman. Thank you, Senator Jones.
Senator Kaine.
Senator Kaine. Thank you, Mr. Chair.
Mr. Brogan, congratulations to you and to your family.
Three items I want to try to cover in 5 minutes; we'll see
if I can get there. One I actually wasn't going to ask, but you
said something I want to get clarification on, because I've
asked some other witnesses who are nominees to have DOE
positions about this. You were answering some questions and you
were sort of ``I haven't been brought up to speed on this
particular thing because of the rules regarding vacant
positions.'' I kind of want to understand what you are being
told you should be up to speed on and not be up to speed on.
In other committees that I'm on, witnesses will say or get
asked the question: Have you done anything to presume
confirmation of the position? And the answer to that is,
obviously, no. But usually people will come and they've prepped
on what the job description is, or they've prepped on items,
prepped on what their own priorities would be in the job, and
they don't view that as inconsistent with being a nominee
rather than a confirmed appointee.
But it's been witnesses from the DOE and not other
agencies, even before this Committee, who kind of come before
us and say ``I've not been allowed to get briefed on those
issues'' or ``I'm not up to speed on those issues.''
What instruction are you given? How do you understand the
rules about what you can know about this position that you
might be confirmed to, and what you're not supposed to talk
about?
Mr. Brogan. Yes, sir. And it does come from the law. Not
being an attorney, my understanding, both as it has been
explained to me and my understanding of the reading of it, is
that the wording of the law is written with the best intent. It
is to make certain that people are doing the jobs that they are
hired to do and not doing their job while they're beginning to
do another job that requires something like Senate confirmation
to which they have not yet been confirmed.
Senator Kaine. Right.
Mr. Brogan. The interpretation of it is clearly--and you
stated this--not acting accordingly that might suggest
otherwise.
Senator Kaine. Right.
Mr. Brogan. By virtue of that fact, the requirement laid is
to be very careful that you don't give off any suggestion that
you are working in an area that does require Senate
confirmation before you are confirmed.
Senator Kaine. I see, Okay.
Mr. Brogan. But to that end, most of my work thus far on
elementary and secondary education has been done not only
through pure experience but also reading the laws, reading
posted materials that are available to everyone, but just
precluded from being engaged and involved in specific
conversations or decisions that affect specifically elementary
and secondary education.
Senator Kaine. That's helpful.
Mr. Brogan. Until which time I would be fortunate enough to
be confirmed to do that.
Senator Kaine. Yes. In your capacity when you were working
in the Florida system, did you work with Federal impact aid?
Mr. Brogan. Yes, sir.
Senator Kaine. You understand the importance of that to
communities that have a high percentage of Federal non-taxable
property?
Mr. Brogan. Yes.
Senator Kaine. Is that a program that you think is valuable
and that you would be committed to should you be confirmed to
this position?
Mr. Brogan. It is a program that at the time, because I
haven't worked with it since, going back a long time ago, it
was helpful.
Senator Kaine. It's a very important thing in Virginia, as
you might imagine, with a lot of military and other Federal
property. The budget submission of the Administration on this
earlier in the year cut it significantly, and this is something
that I'll want to dialog about should you be confirmed.
The last thing I'll ask is this. The thing that I'm sort of
most into in the K-12 space, having been a mayor and Governor,
is the retention of good teachers. Talk to me a little bit
about work that you did either in your capacity as
superintendent, teacher, or working as Lieutenant Governor,
working with Governor Bush, strategies to retain good teachers.
I think policymakers often talk a lot about getting rid of a
bad teacher, and I generally found that the bigger and more
challenging effort is attracting and then retaining good
teachers.
What are some strategies you think are important, and does
the Federal Government have a role in helping states and
localities retain good teachers?
Mr. Brogan. Thank you, Senator. The answer to the first
part of the question is it is one of the most important and yet
challenging parts of what we do out there in public education,
is to make certain that we are always recruiting, attracting,
and ultimately helping to prepare people to be teachers. We
will always need teachers. No matter what anybody else suggests
about technology, we will always need great teachers.
In today's market, as you look at curriculum and need
becoming tighter and tighter, with more specific obligations
laid upon a prospective teacher and current teachers, it's more
important than ever before as we change focus in this world
about what people will do when they leave their formal
educational experience. It has become more important that we
retrain current teachers, and that those teachers that we
recruit and look to bring in already come to us with the skills
necessary to be able to work with students and prepare them for
the world that they are going to live in, not the one that we
inherited from our mothers and fathers, and it's changed
dramatically, as you know.
Using various methodologies over the years, people all over
the country--and that's the good news--who have been looking
for innovative practice as to how they can recruit, retain, and
ultimately train the teachers of the future, whether they're
already in the classroom or those who are not yet there.
Senator Kaine. I am over time, but if there's a second
round I may ask the second half of that question, which is what
do you think the role of the DOE, the Federal Government, might
be in helping states and localities deal with the retention
question.
Thank you very much.
The Chairman. Thank you, Senator Kaine.
Senator Warren.
Senator Warren. Thank you, Mr. Chairman.
Mr. Brogan, if you're confirmed, you'd be in charge of
enforcing the Nation's K-12 laws at the Education Department,
including the Every Student Succeeds Act. Now, I fought hard in
that law to make sure that Federal election dollars go to the
schools and the students who need them most, and I also fought
for bipartisan data transparency provisions that would help us
better understand how schools are serving all kids and
understand which students need more help and more resources.
I share the Ranking Member's concerns about Secretary DeVos
ignoring parts of the law, so I want to start by asking about
your commitment to enforcing the law. I just want to focus on
the data issue. The law requires states and districts to
separate data on how students are learning by specific groups
of students, like African American students or students with
special needs, and for states to include these data in how they
figure out which schools need more money and more support.
But a bunch of states just are not doing this. They are
flat-out ignoring the law right now, and Secretary DeVos is
letting them do that.
What I want to know is, if confirmed, will you commit to
make sure that every state follows this provision in the law
and uses these critical data to figure out which schools need
more Federal dollars?
Mr. Brogan. Thank you, Senator. Yes. In direct answer to
your question, I am a huge believer in data. I am not a data
geek, but I know what data is capable of doing, and in this
particular case the good news here is that the department is
working hard, and I've actually been involved in this part of
the process since my arrival not long ago, in helping to
recreate how we can generate better data going forward and make
sure that it is evidence-based when we talk about changes or
alterations or program opportunities through best practice.
That is one of the very exciting reasons I decided to ask for
this nomination----
Senator Warren. Good. I appreciate that, and I appreciate
your unambiguous confirmation that we're going to follow the
law in reporting these data, we're going to get these data and
make sure these data are properly used.
I want to ask you about something else, too. I want to ask
you about charter schools. Boston's public charter schools are
among the best-performing charter schools in the Nation, and
that is particularly true for low-income children and children
of color, and I am very proud of the hard work that educators
in those schools are doing to deliver a great education for our
kids.
But I also think there's a lot to be learned from why the
Boston charter schools do so well. So can I just start by
asking you, what is your view of why those schools do so well
in delivering education for their children?
Mr. Brogan. Thank you, Senator. I was actually commissioner
of education in Florida when Florida passed its first charter
school bill. Gosh, that's a long time ago, 1996 I think, if
memory serves. And why that was an important move to make,
there were many reasons, but one of them was the ability not
only to see children and families have a different choice if
they chose to make it, but very importantly what would be the
difference in the charter school and what could we learn from
it as it was worked around the boys and girls who called that
charter school home.
I think if you look nationally, that really is one of the
most common answers you receive about why charter schools are
not just great places for boys and girls, as you mentioned, in
Boston, but also the opportunity to observe what changes are
taking place, and then hopefully--and that's my excitement--is
ultimately through great data and research determine what those
practices have meant to the success of those boys and girls.
Senator Warren. Let me push back just a little bit here,
Mr. Brogan, because what I'm talking about here is
Massachusetts charter schools, these Boston charter schools are
doing better than charter schools in other parts of the
country, and that's what to me makes it the interesting
question. I just want to point out some things.
In Massachusetts, only the state grants new charters. They
don't let anyone else do it. We capped the number of charter
schools to keep them from ballooning out of control and
crippling the district finances. We don't allow for-profit
companies to run charter schools. We hold charter schools
accountable for delivering a good education for all of our kids
through very aggressive oversight. We shut down charter schools
if they're failing our kids. I believe that the evidence is
clear that more oversight and more accountability works for our
kids.
I'm out of time, so I'm going to stop, but I'm going to ask
you in the follow-up questions for a commitment that what we're
going to get is we're going to encourage the states to
strengthen their oversight of charter schools, not to weaken
their oversight of charter schools, so we can guarantee they
deliver a top-notch education for our kids.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Warren.
Senator Murphy.
Senator Murphy. Thank you very much, Mr. Chairman.
I wanted to drill down a little bit deeper into some of the
facets of approved state plans that many of us believe are in
direct contradiction of the law that we all voted for in a
bipartisan way and ask your opinion about maybe one or two of
those problematic areas.
The first is an issue over the confusion of subgroup
definitions. We identified three categories of schools that
need to be targeted for intervention: the dropout factories,
the bottom 5 percent of schools; schools with consistently
under-performing subgroups; and schools with subgroups
performing at the level of the bottom 5 percent of schools.
Here's the issue. The issue is that a lot of state plans
confuse the second two categories and, in fact, create a
definition by which if a school's group of black students or
disabled students won't receive any intervention until they
reach that level of being as bad as the bottom 5 percent of
schools.
I just want to get your thoughts on this. Do you think that
it's appropriate for the Department of Education to give some
guidance to states to make sure that they aren't basically
morphing these last two categories together? We created three
distinct categories because we expected that they would be
defined differently, and that is not what's happening. There
have been several state plans that have shown significant
confusion over those two different groups.
Mr. Brogan. Thank you, Senator Murphy. A few moments ago we
began to have a similar conversation. So first of all, I'm
going to qualify--and I hate to do this, but I have to--that I
have in my current role not been a participant in any of the
inside-the-Department conversations or the development of the
approaches to the ESSA plans that I would be privy to should I
be fortunate enough to be confirmed for this position. So that
would include things like the issue of the bottom 5 percent and
the assessments, et cetera.
Having said that, I have read the law and believe that,
first and foremost, the responsibility of the Department is to
approve those plans that have met the law. But I too believe
that over time, especially since it's round one, we're probably
going to find things that may require a deeper dive at a later
date.
Senator Murphy. But is that something--you don't need
knowledge of what the Department is doing. Is a state plan in
compliance if they create the same definition for two different
categories that has been articulated by Congress, in particular
the definition of consistently under-performing subgroups and
the definition of schools with subgroups that are performing at
the level of the bottom 5 percent of schools?
Mr. Brogan. Thank you, Senator. I would be uncomfortable
trying to answer that question without having a much deeper
understanding of everything that went into that particular plan
and the formulation, but unfortunately that's the position I'm
in today.
Senator Murphy. All right, let me ask you an easier one.
Clearly, ESSA says in black and white that when you create your
school-by-school measurement, it has to include in it, in that
methodology, subgroup performance. There have been plans
approved in which the methodology regarding school quality does
not include subgroup performance. So would you agree that a
state that does not include subgroup performance in their
school rating methodology is not in compliance with the law?
Mr. Brogan. The only way I can answer that, Senator, at
this point--thank you for the question--is to say that the
Secretary has made it clear over and over again to everyone
that she will only approve plans that meet the law, and
therefore the plans that have been approved, by all accounts,
have complied with that particular fiat.
Senator Murphy. I think this is where the disconnect is. I
mean, that one seems black and white to us, that ESSA says very
clearly subgroups have got to be in your methodology. There are
irrefutably some plans that have been approved that do not
include subgroups in their methodology. So once you get there,
I really look forward to--I think it's been referenced that
there's going to be a conversation between the Ranking Member
and Secretary DeVos. I think that's incredibly important,
because it's just a little bit of a mystery as to how the
Department can say that only plans that have met the
requirements have been approved, and yet this just seems black
and white. It doesn't seem black and white, it is black and
white to us. And maybe once you're there and once Secretary
DeVos comes and talks to the Committee, we can get a better
sense as to why we're not seeing eye to eye on this.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Murphy.
Senator Kaine, you had an additional question?
Senator Kaine. Just to follow-up on this question of
teacher attraction and teacher retention. What do you think the
right role for the Federal Government is in helping states and
localities with that, if you think there is a Federal role?
Mr. Brogan. Thank you, Senator. I feel my answer will be
for much of what we're talking about today in terms of the
Department. I believe in ESSA, for example, there is a great
opportunity not only to approve plans as a requirement, not
only to oversee implementation, make certain funds are flowing
appropriately and are accountability based as they are spent,
but also very importantly to identify and organize and provide
best practice to states and school districts and schools all
over the country on a host of issues, and I think the ESSA
plans over time are going to be a great fulcrum for identifying
some of those.
I think that the Department has that role to provide
technical assistance, as I said in my introduction, and
identification of best practice so that people who are groping
with these issues, if you will, will have the opportunity to
find out what's working and where.
Senator Kaine. How about teacher loan forgiveness programs?
There are two Federal programs, public service loan forgiveness
that is more general but that allows loan forgiveness for folks
who have public service careers like teaching, and then there's
a specific teacher loan forgiveness program. This is a Federal
program to try to attract good teachers and then enable them
through loan forgiveness to stay in the profession. Do you
support those programs?
Mr. Brogan. I'm not exactly familiar with those specific
programs, but I am supportive of programs that really will help
us to identify, recruit, and retain high-quality teachers,
which is one of the hallmarks of a great education.
Senator Kaine. By supporting, you also mean supporting that
there is a Federal role to try to help states and localities do
that?
Mr. Brogan. Well, the Federal Government has a long track
record of helping to identify things that they believe will
work and through additional funding to be able to identify them
and support them over time.
But I will say this about that. One of the--back to the
issue of great data and great information in terms of evidence
based, here is another good example. Anything that we do
together over time needs to be identified through evidence-
based work in terms of what we're trying to do to achieve, and
over time are we achieving it. I think that will be a
tremendous assistance to the people out there in school
districts, to the Department, and to Congress over time.
Senator Kaine. I completely agree with you. I want to do
things that are evidence based, and if we're doing things that
aren't working, then we should do something else.
I sometimes run into witnesses who would say that even if
it were evidence based, no, the Federal Government doesn't have
that role. I'm concerned about it now for a particular reason.
We're working on the potential for rewriting the Higher
Education Act. The House has passed a version of it. It's on
the floor of the House, the House committee. We are talking
about it. We have a hearing about it this morning in the
Senate. But the House version that's on the floor eliminated--
my understanding is it eliminated Title 2 of the Higher
Education Act, which is teacher preparation, on the theory that
that's not really the Federal Government's responsibility.
I mean, I can't think of a priority that should be more
important. We can talk about what's the right thing to do, or
not, or whether it's evidence-based or not. But the removal of
teacher prep as a Federal priority, assisting states and
localities with teacher prep and retention, I would find highly
problematic. That's the reason I'm asking you the question.
We'll have an opportunity to follow-up more and also to talk
about this when we get to HEA work. I appreciate your answers.
Thank you, Chair. I yield back.
The Chairman. Senator Murphy, do you have other questions?
Senator Murphy. One additional question. Thank you for
allowing it, Mr. Chairman.
I have similar concerns raised by Senator Hassan regarding
seclusion and restraint, and I thank you for your comments on
that. The data show that it's disabled kids in particular that
tend to bear the brunt of seclusion and restraint. There's a
right way and a wrong way to do it.
A related topic is that of corporal punishment. There are
still several states that allow for corporal punishment. The
idea behind it is that in order to effectuate discipline in
your school, you need to inflict physical pain on students as a
means of correcting behavior.
I just wanted to ask your personal opinion on corporal
punishment. I'm not asking whether you think it's appropriate
for the Federal Government to be involved or not in state
decisions around corporal punishment. That's a different
question. But do you personally think that it's appropriate for
schools to engage in corporal punishment as a means of
enforcing discipline?
Mr. Brogan. Thank you, Senator. In answer to your question,
first of all I can tell you, as someone who had to, as part of
the job, mete out corporal punishment a long, long time ago, I
found myself regularly offering that to the same students over
and over again and questioned whether or not it was having the
impact that was originally intended, which was to change
inappropriate behavior. Ultimately, that district eliminated
corporal punishment.
But I also have a deep and abiding feeling regarding
anything discipline, that has to be grounded at the local level
because discipline is a local issue. Unless someone is
violating someone's civil rights, just the general broad topic
of discipline very much has to be focused and centered at the
local level for those decisions, especially at the state level.
I was a practitioner, and I understand what it is you're
saying.
Senator Murphy. It won't surprise you to know that I
disagree. There are clear intersections with civil rights, and
I hope that, maybe as you previewed in your answer to Senator
Hassan's questions, you'll take a look at those, because when
you look at who is the victim of seclusion and restraint and
corporal punishment, there are some pretty clear trend lines
that develop. It's a certain subset of kids who ultimately
deserve those civil rights protections that you're referencing.
Thank you, Mr. Chairman.
Mr. Brogan. Thank you, Senator.
The Chairman. Thank you, Senator Murphy.
Mr. Brogan, thank you for your testimony and for your
service. You have a distinguished background in public
education which this Committee would welcome. I think both
sides of the aisle welcome that expertise and background. I
would observe that it would be much easier for you to answer
questions or the Department to answer questions so we could
confirm the Deputy Education Secretary, the nominee for General
Counsel, the nominee for Assistant Secretary for Planning,
Evaluation and Policy Development, and your nomination so that
Secretary DeVos has some help down at the Department. I'm sure
she hopes that we move swiftly to confirm you, as I do.
I ask unanimous consent to introduce 16 letters of support
into the record, including letters from the Council of Chief
State School Officers, multiple college presidents, Florida's
Commissioner of Education, and former Governor Jeb Bush.
[The following information can be found in the Additional
Material section]
The Chairman. If Senators wish to ask additional questions
of the nominee, questions for the record are due by 5 p.m.
Monday, January 29th. 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 meeting of this Committee will be a hearing
Tuesday, January 30th, at 10 a.m. on reauthorizing the Higher
Education Act, accountability and risk to taxpayers.
Thank you for being here. Thanks to your family for being
here.
The Committee will stand adjourned.
ADDITIONAL MATERIAL
Council of Chief State School Officers
January 19, 2018
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
On behalf of state education leaders across the Nation, I am
writing in support of the confirmation of Mr. Frank Brogan as Assistant
Secretary of the Office of Elementary and Secondary Education at the
U.S. Department of Education. The Council of Chief State School
Officers (CCSSO) is the nonpartisan, nationwide, nonprofit organization
of public officials who head departments of elementary and secondary
education in the states, the District of Columbia, the Department of
Defense Education Activity, the Bureau of Indian Education, and the
five extra-state jurisdictions.
CCSSO supports the confirmation of Mr. Brogan as his years of
experience at the state level would bring an important perspective to
the U.S. Department of Education. As a former Commissioner of Education
and Lieutenant Governor in the State of Florida, Mr. Brogan is well-
qualified to lead the Department in supporting state and local
education agencies as they ensure all students graduate from high
school prepared for college, careers and life. As a former state
education leader himself, Mr. Brogan understands the needs of states,
whether it is implementing a statewide accountability system or
continuing to work with stakeholders at the state and local levels.
This is particularly critical as states move forward in fully
implementing the Every Student Succeeds Act. States will greatly
benefit from a good partnership with a strong team at the U.S.
Department of Education as they work to implement the law in a manner
that advances equity for all students. CCSSO looks forward to working
closely with Mr. Brogan to foster a successful Federal-state
partnership that helps every state and local school district better
meet the needs of every individual child.
I urge the Committee to conduct a review of Mr. Brogan's record and
experience and to work to confirm him.
Sincerely,
Carissa Moffat Miller,
Interim Executive Director.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
It is my sincere pleasure and distinct honor to recommend Frank
Brogan for the position of Assistant Secretary of Elementary and
Secondary Education for the U.S. Department of Education. I
collaborated with him many times when he was Chancellor of the State
University System of Florida, and it was always rewarding to join
forces with someone I admire and respect and who deeply appreciates the
intrinsic value of an education. Certainly his dedication to the
education field surpasses all others.
One can review his resume to easily learn of Frank Brogan's
achievements, successes, and exemplary contributions to the development
of Florida's education system. But what you will not glean from it are
his extraordinary ethical and moral values, exceptional leadership
skills that are above reproach, and, most important, his relentless
perseverance to ensure that America's students are well prepared to
compete on a world platform as enter they enter the workforce. In
addition, he is mission driven, a problem-solver, collaborator, and a
trail blazer.
I firmly believe that Frank Brogan would make an excellent addition
to the U.S. Department Education as its Assistant Secretary of
Elementary and Secondary Education. It certainly takes a village to
achieve our Nation's educational goats, and it is imperative that our
country have the best of the best in positions to make a difference.
Certainly Mr. Brogan not only meets, but exceeds, the criteria to
fulfill the important responsibilities of this distinguished post. I
recommend him without hesitation.
Sincerely,
Eduardo J. Padron,
Miami Dade College.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
Please accept this correspondence in support of the nomination of
Frank T. Brogan as the assistant secretary of elementary and secondary
education at the U.S. Department of Education.
I believe that Mr. Brogan possesses the necessary experience,
expertise and commitment to successfully fulfill the responsibilities
for which he has been nominated.
Mr. Brogan's extensive and distinguished background in education
practice, policy and management is evident from his tenure as a
teacher, principal, superintendent, state commissioner of education,
university president, and chancellor of two state systems of higher
education. Mr. Brogan most recently served as chancellor of the
Pennsylvania State System of Higher Education. It was during his time
as chancellor that he and I worked together on issues of mutual
interest and concern.
Mr. Brogan served as chancellor during a time of significant change
in Pennsylvania's K-12 and post-secondary education environment. He was
quick to assess the state's strengths and challenges, and soon
thereafter directed and collaborated on strategic initiatives to
improve the delivery of education programming in the Commonwealth. His
leadership was characterized by a commitment to student success through
support of high academic standards, effective educators, and
accountability. He was a fervent supporter of innovation and reform
where research and data suggested both could improve student
achievement and lead to greater efficiency in the delivery of
educational programming and services.
During Mr. Brogan's tenure as chancellor, the presidents of
Pennsylvania's State System universities and the presidents of
Pennsylvania's community colleges collaborated in new ways to raise the
educational attainment level in the state. One result of those efforts
occurred in March 2016 during the historic signing of a Reverse
Transfer Agreement between the State System universities and community
colleges. This agreement, reached collaboratively among the state's 28
public institutions of higher education, allows students who begin
their studies at a Pennsylvania community college before transferring
to a State System university to receive their associate degree while
continuing their education. Similar agreements are mandated in other
states but Pennsylvania's agreement was accomplished without the need
for statutory intervention. The vision, development and implementation
of the agreement came from the recognition--shared, articulated and
supported by Mr. Brogan--that the Commonwealth's post-secondary
education institutions needed to work outside of their ``silos'' and
move past organizational barriers to provide additional opportunities
for students. His leadership was essential to the initiative's eventual
success.
Mr. Brogan's solution-centered approach to managing challenges and
his willingness to consider diverse perspectives characterized our
collaborative work while he was chancellor. He was generous with his
time and intellect, and his support of students was unwavering. I am
certain that these same qualities would characterize his work at the
U.S. Department of Education.
Thank you for your consideration of these comments. I would be
pleased to respond to any questions.
Sincerely,
Elizabeth A. Bolden,
President & CEO,
Pennsylvania Commission for Community Colleges.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
RE: Florida Chamber Supports Frank Brogan's Nomination as Assistant
Secretary of Elementary and Secondary Education, U.S. Department of
Education
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
It is my pleasure to support Frank Brogan's nomination as Assistant
Secretary of Elementary and Secondary Education for the U.S. Department
of Education.
In the new world of global competition, talent is quickly replacing
the tax incentive as the most important tool in the economic toolbox.
With that in mind, Frank Brogan's visionary leadership, and ability to
put the long-term success of talent supply and education ahead of
short-term quick fixes is the right skillset for this important role.
During his tenure as Commissioner of the Florida Department of
Education, Frank's collaboration with the Florida Chamber of Commerce
and Florida's job creators helped make measurable and lasting K-12
improvements, and played a leading role In creating the Bright Future
scholarship program to help incentivize students to seek higher
education.
As Lt. Governor, Frank joined Governor Jeb Bush and business
leaders in ushering in Florida's landmark A+ education reforms. Since
those reforms were first enacted, Florida has become a national example
of success by demonstrating stronger student gains. Achievement gaps
are closing, high-school graduation rates are at a 14-year high, and
third grade reading scores are improving. In fact, statewide graduation
rates among African American students increased by more than 10 percent
in the last 5 years for Hispanic students--a direct result of the
education reforms enacted under Bush/Brogan.
While serving as President of Florida Atlantic University, Frank
fostered public/private partnerships with leading STEM research
institutes to increase access to medical education, and he further
expanded access to higher education when student enrollment surpassed
goals outlined in the university's first-ever comprehensive strategic
plan.
As Chancellor of the State University System of Florida, the
university system saw significant progress in providing access to high-
quality higher education and a move to align talent generation to the
needs of employers and Florida's future.
Our children and our country win when we focus on a cradle to
career continuum that provides education opportunities and training
pathways for all learners. Frank Brogan is the right leader with the
right vision and passion to help ensure our Nation's education system
succeeds.
Mark Wilson,
President & CEO,
Florida Chamber of Commerce.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
As a young educator in 1997 I had the privilege of meeting Frank
Brogan. At the time he was the Florida Commissioner of Education and I
was the newly named Florida Teacher of the Year. During that school
year I had the opportunity to serve as the Christa McAuliffe Ambassador
for Education and to say that it provided me with my greatest learning
experience as an educator is an understatement. I was able to travel
with Frank, learn from Frank, witness firsthand the passion that he has
for education, and to see the difference one educator can make. I left
that experience feeling empowered and knowing my value in the
educational community. It made all the difference in the educator and
administrator I went on to become.
Frank Brogan has spent a lifetime making students his priority.
From classroom teacher to administrator it is evident in every
conversation held with him that his primarily goal is that each and
every student have the opportunity to meet their educational potential.
He not only set high standards for students during his time as
Superintendent, Commissioner, and Lieutenant Governor; he also set high
standards for educators, knowing that they are what truly make the
difference in the lives of children. He worked tirelessly in turn to
make educators feel valued as professionals. He is what I perceive as a
perfect example of public servant.
I wholeheartedly endorse Frank Brogan being appointed as Assistant
Secretary of Elementary and Secondary Education for the U.S. Department
of Education. I am confident that he will bring an element to the
position that is not only quantifiable but is absolutely necessary for
the success of the students in America.
Thank you for your consideration,
Grace Williams,
1997 Florida Teacher of the Year,
1998 Milken Educator,
1998 Christa McAuliffe Ambassador for Education,
Principal/Owner, Parsons Christian Academy.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
I am writing on behalf of Frank Brogan who has been nominated to
serve as of my recent nomination to the position of Assistant Secretary
of Elementary and Secondary Education for the U.S. Department of
Education. Frank's career has made him extraordinarily qualified for
the job.
He has been a classroom teacher, a principal, a school district
superintendent, the Florida Education Commissioner, Florida's Lt.
Governor, President of Florida Atlantic University and the leader of
two University and College systems (Florida and Pennsylvania). He
showed his passion for student learning at every level of education and
would do the same if confirmed as Assistant Secretary of Elementary and
Secondary Education.
I recommend his confirmation.
Sincerely,
Jeb Bush.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chaim1an Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
I am writing in support of Mr. Frank Brogan for the position of
Assistant Secretary of Elementary and Secondary Education for the U.S.
Department of Education. I had the great pleasure of working closely
with Frank from 1999 to 2004 when he was Lieutenant Governor of
Florida. Frank was the pivotal person implementing Governor Jeb Bush's
groundbreaking K-l2 reforms during his first term. Frank exhibited an
incredibly high degree of policy knowledge, political skill, and
integrity. As a former classroom teacher principal and State
Commissioner of Education, he had more real life K-12 experience than
anyone I had worked with.
I know that he will do an outstanding job for the Department of
Education. The country would be lucky to have him in this position.
Please contact me at any time with any questions.
Sincerely,
John F. Kirtley,
Chairman,
Step Up For Students,
Vice Chairman,
The American Federation For Children.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
I am writing this letter to support the nomination of Frank Brogan
as the Assistant Secretary of Education for Elementary and Secondary
Education.
As a friend and as former speaker of the House and State Senator in
Florida, I have known Frank for nearly 25 years. I had the privilege of
working with Mr. Brogan on high-level, complex education policy issues
during his tenure as Florida's Education Commissioner, Lt. Governor and
Chancellor of the State University System.
As a professional and a family man, Frank is well regarded for his
integrity, strong character and unmatched enthusiasm. His understanding
of executive duties and unwavering commitment to improve the lives of
students through quality education is unwavering.
Without reservation, I strongly endorse the confirmation of Frank
Brogan as Assistant Secretary of Education.
Sincerely,
John Thrasher,
President.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
It is my honor to offer this letter of support for Frank T. Brogan
to be confirmed as Assistant Secretary of Elementary and Secondary
Education for the U.S. Department of Education.
I had the opportunity to serve with Mr. Brogan when he was
Chancellor and I was serving as president of Clarion University-one of
the 14 universities within Pennsylvania's State System of Higher
Education. I've also had the unique experience to succeed him in the
role as CEO of this System. From both perspectives, I truly appreciate
his courage and ability to shine a public light on challenging matters-
creating vitally important public dialog that impacts the State System.
During his time as Chancellor, Mr. Brogan was the lead advocate in
promoting both student affordability and state investment for the 14
universities within the System. Those efforts resulted in three
consecutive years of increased appropriations-an impressive feat amid
Pennsylvania's financial constraints and following 7 years of budget
cuts or stagnations.
From his arrival in 2013, Mr. Brogan worked hard to eliminate
outdated or burdensome regulations that held back the creativity and
nimbleness of our universities-instituting new policies to encourage
flexibility and greater decisionmaking at the local level. These
efforts continue even today, with increased vigor.
Most important, Mr. Brogan was the first to call for an
independent, top-to-bottom review of the State System. Completed in
2017, results of that review led the Board of Governors to establish
three strategic priorities:(1) ensuring student success; (2) leveraging
university strengths; and (3) transforming governance and leadership.
These priorities are already being used to guide the System Redesign
that will help our students and universities thrive into the future.
Mr. Brogan has a wealth of experience--both inside and outside the
classroom--that will serve the U.S. Department of Education well. As a
lifelong educator who has served in both K-12 and higher education
roles, he is uniquely equipped to provide both leadership and real-
world perspective as the department works to shape the future of
education policy.
Sincerely,
Karen M. Whitney,
Ph.D.,
Interim Chancellor,
Pennsylvania's State System of Higher Education.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
I am writing to you in support of Frank T. Brogan, President Donald
Trump's nominee for the position of Assistant Secretary of Elementary
and Secondary Education for the United States Department of Education.
Over the past 30 years, I have had the pleasure of working
alongside Mr. Brogan and witnessed, first hand, his many
accomplishments. In 1994, while he served as Florida's Commissioner of
Education, he was vital to the creation of the Florida Bright Futures
program which has helped more than 725,000 students attend a post-
secondary institution. Four years later, while in his role of
Lieutenant Governor for the State of Florida, he oversaw education
policy and was the legislative liaison for the administration. Then as
president of Florida Atlantic University (FAU) in 2003, he developed
the first-ever comprehensive strategic plan for the university and
focused on encouraging diversity among FAU's students, faculty and
staff. While at F AU, he moved the university toward becoming a strong
engine of economic development for South Florida and grew the
university with the largest expansion of facilities in FAU history.
In 2009, Mr. Brogan was selected as the Chancellor of the State
University System of Florida. During his tenure, he was able to restore
the relationship of the State University System with the Florida
legislature, he raised enrollment by 7 percent and increased degree
production by 12 percent. He also received full Board approval of the
2025 Strategic Plan for the System. Prior to his departure, he laid the
groundwork for the Performance Based Funding model that Florida uses
today to track university progress and system goals.
There are many, many more accomplishments of Mr. Brogan throughout
the years. Those accomplishments and hard work are a testament to his
lifelong dedication to education and to his fellow citizens.
It is with my highest degree of confidence that I fully support Mr.
Frank T. Brogan for the position of Assistant Secretary of Elementary
and Secondary Education for the United States Department of Education.
Sincerely,
Marshall M. Criser, III,
Chancellor.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
This letter comes in recommendation for Hon. Frank Brogan for the
position of Assistant Secretary of Elementary and Secondary Education
for the U.S. Department of Education.
I have known Mr. Brogan for close to 25 years in several capacities
here in the great State of Florida. I first met Mr. Brogan in 1993
while he was the superintendent of Martin County, Florida schools and I
was a program coordinator in the Florida Department of Education. His
outstanding vision as an educator lead his schools to be among the
leaders in Florida in developing career pathways, and assuring high-
level academic and technical performance for secondary students. He was
also one of the pioneers in Florida in articulating those career
pathways to college.
From 1995-1998 I had the honor of working for Mr. Brogan while he
served as the elected Commissioner of Education in Florida. In my role
as director of the School-to Work Opportunities initiative, we built
upon the career pathway models aforementioned and brought them to scale
state-wide. The goal of this effort was assure all Florida students
were prepared to enter the workforce and post-secondary education.
Florida was a national model in this effort under his support.
Mr. Brogan then became Florida's Lieutenant Governor in 1998 and
was actively involved in the Florida School Code rewrite and reshaping
of higher education governance in Florida. As you know he had great
success here as Chancellor of the State University System as well as in
Pennsylvania.
There are few people I have met and worked with in my career as an
educator in Florida that have impressed me more than Frank Brogan. He
is extremely knowledgeable about all aspects of K-16 education. He is a
visionary and willing to try new methods, practices, and educational
models to improve student performance. Moreover, he is an honorable
person who can be trusted to work closely with educators around the
country and advance teaching and learning for all. His high level
experiences, both as an elected official and appointed administrator,
make him uniquely prepared for the position of Assistant Secretary of
Elementary and Secondary Education for the U.S. Department of
Education.
It is without any reservations that I strongly support and
encourage his confirmation.
Kindest Regards,
Michael Brawer,
Chief Executive Officer and Executive Director,
Association of Florida Colleges.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
It is an honor to offer my wholehearted support of President Donald
Trump's nominee to the position of Assistant Secretary of Elementary
and Secondary Education for the U.S. Department of Education, Frank
Brogan.
There is nothing more important than ensuring our nation's students
have access to a public education system that enables them to gain the
knowledge and skills necessary to succeed in this global, ever-evolving
economy.
Mr. Brogan began his career as a fifth grade teacher and, through
hard work and dedication, rose through the ranks to serve in a myriad
of positions at the K-12, college and university levels. Throughout
that time, he proved to be a champion for student-centered policy and
an exuberant leader whose passion for student success continually
spurred positive change.
As further evidence of his remarkable impact on education in the
State of Florida, I have provided a small sampling of his legendary
work:
As Florida's Commissioner of Education, Mr. Brogan
played an integral role in re-focusing and streamlining the
department of education's work on increasing student
achievement. As the leader of the education agency for the
(then) fourth largest state in the Nation set up the conditions
for Florida's education reforms and skyrocketing student
achievement that are the envy of the Nation.
During his time as Lieutenant Governor, he played an
integral role in establishing Florida's school grading system.
School grades remain a critical component of our state's
accountability system and have been the foundation of our
continued increases in educational excellence for all Florida
students. He also encouraged Floridians to mentor in schools
and with youth organizations. He helped develop the state's
Mentoring Initiative, which encourages state employees to
participate in their communities by providing 1 hour per week
of administrative leave for mentoring activities. This program
remains today.
As the fifth president of Florida Atlantic
University, he helped secure partnerships with leading research
organizations, such as Scripps Research Institute, the To1Tey
Pines Institute for Molecular Studies, the Max Planck Society
and the H. Lee Moffitt Cancer Center & Research Institute. He
also grew dual enrollment, graduate and science programs.
Under his leadership as chancellor of the State
University System, the system achieved significant progress in
providing access to high-quality higher education, which led to
increased enrollment, increased degree production and record-
high attainment in academic standards, graduation rates,
national rankings and research.
This unique combination of qualities and strong record of success
demonstrate clearly that Mr. Brogan is the ideal candidate for this
position, and I appreciate greatly the opportunity to speak on his
behalf.
Sincerely,
Pam Stewart,
Commissioner of Education, Florida.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
It is my sincere honor and pleasure to support Frank T. Brogan's
nomination to the position of Assistant Secretary of Elementary and
Secondary Education for the United States Department of Education.
Most recently Frank served as the Chancellor of the Pennsylvania
State System of Higher Education and in this role Frank's leadership
was instrumental in supporting our commonwealth's vision for higher
education at the state-run universities and colleges. His guidance and
knowledge exhibited in all realms of education while in that position
led to increased efficiency, improved communications, and thoughtful,
well-conceived high-level decisionmaking. Combined with Frank's
excellent people skills, this led to a win-win situation for students
in our state during the 4-years of Frank's tenure in this position.
Mr. Brogan's support for the ESSA Plan which Pennsylvania put forth
for approval to the United States Department of Education, and its
subsequent approval, meant a great deal to our team. Frank
enthusiastically hosted discussion groups as we formulated our plan,
and his input during those group meetings was an invaluable
contribution to the outcome of a dynamic and successful Pennsylvania
plan.
I thoroughly enjoyed collaborating with Frank as a member of the
Pennsylvania State System of Higher Education Board of Directors, and
valued his input to our ESSA plan. I wish him great success as he
pursues this higher calling and next chapter in his illustrious career.
Sincerely,
Pedro A. Rivera,
Secretary of Education.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
I am writing in my capacity as the president of the State Higher
Education Executive Officers (SHEEO) Association to enthusiastically
give my support to Frank Brogan as you consider his nomination as
Assistant Secretary of Elementary and Secondary Education at the U.S.
Department of Education. Mr. Brogan's service as Chancellor for both
the Florida and Pennsylvania higher education systems, his tenure as a
university preside nt, and his experience as both a public-school
teacher and administrator equip him with an extensive set of skills
that uniquely qualify him to serve in this capacity.
Frank has proven himself to be a thoughtful and diplomatic leader
who is respected by his peers. He is willing to address tough policy
issues with an eye toward better equipping students with the skills
needed to succeed in the workforce. In short, Mr. Brogan possesses the
work experience and traits needed to further our Nation's P-20
education agenda at this critical time.
While SHEEO was saddened to lose Frank as a trusted and respected
member of our organization, I am heartened by the possibility of his
serving our Nation in this capacity. His experience and heart for
service make him an ideal candidate.
Respectfully,
Robert E. Anderson,
President.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
It is with heartfelt enthusiasm I add my personal recommendation to
the nomination of Frank T.
Brogan as Assistant Secretary of Elementary and Secondary Education
for the U.S. Department of Education.
Having known Frank for nearly 25 years, it has been a privilege to
watch him shape Florida's system of public education, first as
Superintendent of Schools for Martin County, then as Florida's
Commissioner of Education and finally as Lieutenant Governor of
Florida.
Frank's initiatives brought accountability and school choice to
Florida Education. His experience and leadership skills will be an
invaluable asset to our country's school system.
Though Frank went on to be President of Florida Atlantic University
and Chancellor of Pennsylvania's public university system his first
love has always been the K-12 educational years which provide the
foundation for every child's learning.
Your favorable consideration of his appointment will be sincerely
appreciated.
Very truly yours,
Toni Jennings,
Lieutenant Governor of Florida, 2003-2007,
President, The Florida Senate, 1996-2000,
Senator, The Florida Senate, 1980-2000.
__________
Hon. Lamar Alexander, Chairman
Hon. Patty Murray, Ranking Member
U.S. Senate Committee on Health, Education, Labor, and Pensions,
428 Senate Dirksen Office Building,
Washington, DC.
Dear Chairman Alexander, Ranking Member Murray, and Honorable
Members of the Committee:
It is my pleasure to present a letter of support for Mr. Frank
Brogan's nomination to the position of Assistant Secretary of
Elementary and Secondary Education for the U.S.
Department of Education. I have known Mr. Brogan for 20-plus years
and have witnessed his tremendously positive impact on education in
Florida. He has excelled in the many roles in which he has served
throughout his public service career.
As a former Florida school superintendent I had the opportunity to
work with Mr. Brogan in his capacity as Florida Commissioner of
Education and Florida Lieutenant Governor.
In both roles he was widely respected for his work ethic and his
knowledge of the entire scope of education both public and private. Mr.
Brogan is known for being for the right and inclusive in his dealings
with people. He embraces differences of opinion and has the ability to
find the common ground needed to arrive at consensus.
In my current roles as Chief Executive Officer of the Florida
Association of District School Superintendents and as State Senator in
Florida, I am pleased to support the President's nomination of Frank
Brogan. He will be a tremendous asset to the U.S. Department of
Education and w ill fulfill his obligations to the fullest.
Sincerely,
William J. Montford, III,
Florida State Senator, District 3.
QUESTIONS AND ANSWERS
Response by Frank T. Brogan to Questions of Senator Collins, Senator
Murkowski, Senator Young, Senator Murray, Senator Casey, Senator
Warren, and Senator Hassan
senator collins
Question 1. The needs of public schools in Maine are very
different from those in large urban areas. The majority of Maine's
schools and school districts are small and rural, and the constraints
on resources and realities of distance greatly influence the policies
and practices for delivering high-quality education in those settings.
The concern I hear in Maine from teachers, administrators, and parents
is that school vouchers and other school choice policies will divert
scarce resources from public schools. The U.S. Department of Education
is an important partner in fulfilling the promise of high-quality
public education for all students, and its primary focus should be to
help our states and communities support and strengthen our public
schools.
Over your career, you have supported school choice policies. Would
you support a Federal mandate that would require states to adopt
private school vouchers or other so-called school choice options?
Answer 1. No, I would not support a Federal mandate requiring
states to adopt private school vouchers or other school choice options.
senator murkowski
Question 1. All states are unique. Alaska is more unique than
most. Eighty-two percent of our communities are unconnected by road--
including our state capital. The cost of living in our rural
communities is extremely expensive. A gallon of milk--if you can get
it--can cost $20. Many children who grow up in the Bush think bananas
are supposed to be brown. We have huge areas where the best internet
connection available is by satellite, where downloading a FAFSA form
can take hours. In one community in Southeast, the statewide assessment
had to be scheduled on a day when no cruise ship was in town because
the ship's passengers used up all the internet capacity. Our schools
reflect incredible diversity in many ways, from size to culture to
languages spoken. Anchorage School District is our largest with
approximately 46,000 students. Over 100 languages are spoken and two of
the most diverse schools in the Nation are located there. Pelican
School District is our smallest school with 13 students in grades K-12.
In rural Alaska, Native elders who were abused for speaking their own
languages in school when they grew up are looking to their
grandchildren's school to help save their dying languages. How will
OESE, under your leadership, enable Alaska to take full advantage of
the flexibility offered by ESSA to meet the needs of the students in
such different settings across the state?
Answer 1. One of the most important aspects and purposes of ESSA is
the opportunity that the law provides to states and local school
districts; through increased flexibility in the allocation of Federal
funds, states are free to support the unique needs of their states,
local communities, and students. If confirmed as Assistant Secretary
for Elementary and Secondary Education, I believe that OESE can play a
helpful and important role throughout the implementation of ESSA in
providing SEAs and LEAs with technical assistance, including
highlighting the broad flexibilities in the law.
Question 2. Native American students across the Nation, as a
subgroup of students, have the lowest or nearly lowest proficiency
rates, high school graduation rates, and post-secondary enrollment
rates of any subgroup of students in the Nation. In Alaska, far too
many Alaska Native children share these disappointing outcomes--a
situation Alaska Native tribes and Native organizations are committed
to improving. Many Alaska Native leaders believe strongly that Native
leadership over how Federal, state, and local funds are spent to
educate their children will result in much better outcomes. They point
to the positive changes that occurred in Native health outcomes when
the Indian Health Service compacted with Alaska Native organizations,
which now direct delivery of health care in Alaska. Some Alaska Native
leaders have proposed that the U.S. Department of Education compact
with Alaska Native tribes and Native organizations to receive Title VI
Indian Education Formula Grant funds and provide services directly to
Alaska Native students. Would you be willing to meet with Alaskan
education and Alaska Native leaders to discuss their concerns and this
proposal?
Answer 2. I would be pleased to meet with Alaskan education and
Alaska Native leaders to discuss their concerns, should I be confirmed.
Question 3. According to multiple sources, including a 2016 report
by the Center on Standards and Assessment Implementation funded in part
by the Department, American Indian and Alaska Native Students achieve
below their peers both in academic proficiency and high school
graduation rates. This report recommends incorporating culturally
responsive instruction, improving school climate, and increased family
and community involvement as evidence-based strategies to reverse this
long-standing trend. In many parts of the country, Native leaders are
more involved in directing how these strategies are implemented. In
many cases, they note that Native communities are best able to address
the needs of Native children. If confirmed, you will have oversight
over the Office of Indian Education, which was created to help schools,
post-secondary institutions, tribes, and Native organizations' efforts
to meet the needs of Native students through formula and competitive
grants. Will you commit to meeting with the National Indian Education
Association and with American Indian, Alaska Native, and Native
Hawaiian leaders and advocates within the first month of your tenure as
Assistant Secretary to learn more about what issues are important to
these communities and how the Department can better serve American
Indian, Alaska Native, and Native Hawaiian students?
Answer 3. I would welcome the opportunity to meet with the National
Indian Education Association, American Indian, Alaska Native, and
Native Hawaiian leaders and advocates, to learn more about these
communities, should I be confirmed.
Question 4. For American Indian and Alaska Native students, just
as for all Americans, respect for family and culture is critical. Such
respect for Native people is expressed through consultation with the
elected leadership of tribes. Consultation is consistent with the
Constitution's provision that the Federal Government is the entity that
engages with those tribal nations. Consultation is also well-
established as critical when a policy or decision regarding Native
communities is proposed. Native communities view meaningful
consultation as a dialog where both parties are truly heard and
considered and either consensus is reached or a respectful resolution
occurs. Consistent with the importance of genuine engagement with local
and state leaders, will you commit to pursuing meaningful consultation
with tribes when a policy or decision that would impact Native
education is under consideration by the Department?
Answer 4. I believe strongly in the requirements for consultation
with tribes and will adhere to them, should I be confirmed as Assistant
Secretary for the Office of Elementary and Secondary Education.
senator young
Question 1. The Every Student Succeeds Act presents an opportunity
for states and local school districts to develop policies best suited
to their needs. If confirmed as the next Assistant Secretary for
Elementary and Secondary Education, you will have a unique role in
assisting states in meeting the requirements of the law as well as
designing innovative strategies that complement the diversity of our
country. I believe a vital component of innovation is adopting
evidence-based approaches in order to ensure student success.
In your opinion, what is the role of evidence-based
models in education?
Additionally, what is the role of the Federal Government
in helping states and school districts across the country have access
to evidence-based approaches to improving K-12 education?
Answer 1. Consideration of the available evidence should always be
central to making decisions about education programs. When evidence is
not available, taking opportunities to build the evidence base so that
we learn from our practices is also very important. ESSA reflects the
importance of the use and development of evidence in education. In
implementing the law, the Department partners with states, school
districts, researchers, and others to highlight evidence-based
approaches and support their implementation. I look forward to being a
part of this effort, should I be confirmed.
senator murray
Question 1. States will soon move toward fully implementing the
Every Student Succeeds Act (ESSA), including identifying schools for
comprehensive, additional targeted, and targeted support. School
districts will also have to start to implement evidence-based
interventions in those identified schools. What do you think the
Department should do to provide assistance and support to school
districts and states as they seek to implement these evidence-based
provisions with fidelity?
Answer 1. ESSA provides an opportunity for the Department to
support state and local efforts to address the needs of the lowest
performing schools (i.e., those identified as comprehensive support and
improvement schools) and schools with low or consistently
underperforming subgroups (i.e., those identified as additional
targeted and targeted support and improvement schools). The Department
has a variety of mechanisms through which it supports states and school
districts in addressing needs unique to their contexts and students.
For example, the Department released non-regulatory guidance entitled
Using Evidence to Strengthen Education Investments available at https:/
/www.ed.gov/policy/elsec/leg/essa/guidanceuseseinvestment.pdf to
support state and local use of data-driven decisionmaking. The
Department's Institute of Education Sciences (IES) also releases user-
friendly reports and guides that summarize and provide information on
evidence-based interventions to address different groups of students
(e.g., those in the lowest performing schools and schools with gaps
between all students and students with disabilities or English
learners) in different contexts (e.g., rural or urban settings) and in
different content areas (e.g., mathematics or reading/language arts or
science). Further, the Department published technical updates to the
Education Department General Administrative Regulations (EDGAR) to
align the definition of evidence-based in ESSA with the evidence
requirements in EDGAR. This alignment can support state and local
efforts to coordinate the work across formula and discretionary grant
programs.
Question 2. What procedures should the Department put in place to
ensure it can effectively monitor and determine whether states and
districts are complying with all of ESSA's requirements? If confirmed,
what steps will you take if states or districts are not complying with
ESSA's requirements?
Answer 2. If confirmed, I am committed to ensuring that states and
local school districts comply with the requirements of ESSA, not only
in the plans that states submit to the Secretary for approval, but also
in monitoring the implementation of these plans moving forward. While
it would not be appropriate for me to commit to putting any specific
procedures into place, if confirmed, I intend to engage in robust
discussions with the Secretary and staff in the Office of Elementary
and Secondary Education to evaluate and determine how the Department
can best ensure that states and districts are in compliance. If it is
determined any states or districts are not in compliance with the law,
then there are multiple tools that the Secretary may use, such as
withholding certain administrative funds. However, I would need to
consider each case on an individual basis, review all the relevant
facts, and consult with career staff experts before making any
recommendations to the Secretary.
Question 3. It is not clear districts are fully focused on ESSA
implementation, given the bulk of the attention so far has been on
approving state plans. What do you think the Department can do to
ensure school districts are fully aware of their obligations under ESSA
and ready to implement those obligations?
Answer 3. Local Education Agencies (LEAs) are critical to the
success of ESSA and State Plan implementation. Should I be confirmed as
Assistant Secretary for Elementary and Secondary Education, I look
forward to working with states and LEAs, through the provision of
technical assistance, as they move to the next phase of implementation
of the approved plans and the additional requirements under ESSA. It is
my understanding that the Department has a robust technical assistance
program in place and is able to assist both states and LEAs with any
questions they have relative to ESSA. Additionally, as issues arise
through monitoring, the Department will work to ensure the requirements
of the law are adhered to by both states and LEAs.
Question 4. Do you support eliminating Title II of ESSA as the
Trump administration proposed in its fiscal year 2018 budget? If
``yes,'' please provide your justification, given this is the main
Federal program dedicated to training and supporting our Nation's
teacher and leader workforce? If ``no,'' please discuss the changes
ESSA made to Title II and what the Department can do to encourage
states and districts to implement those changes?
Answer 4. Since I was not at the Department during the development
of the Fiscal Year 2018 Budget Proposal, it would not be appropriate
for me to speculate on those decisions. However, I understand that
difficult decisions had to be made and, if confirmed, I look forward to
working with the Department in developing future budget proposals.
Question 5. The Department of Education already delayed by one
school year, the effective date for state and districts to report per
pupil expenditures. Do you commit, if confirmed, to ensuring there are
no additional delays and to implement all other state and local
reporting requirements in ESSA for the 2017-18 school year as specified
in the June 2017 Dear Colleague letter from the Department? Do you
commit there will be no further delays of the PPE reporting requirement
(in other words that all states and districts will be reporting on that
requirement by the 2018-19 school year)?
Answer 5. If confirmed, I would commit to implementing the laws as
authorized by Congress. In addition, I believe strongly in the
necessity of giving parents useful and accessible information regarding
the performance of their child's school, which the report cards
provide. My understanding is that the delay of the effective date for
reporting per pupil expenditures which was made in June 2017 was to
help facilitate an orderly transition to the new law. So with regards
to this specific issue, it would not be appropriate for me to commit to
any decision, out of deference to the Secretary and without all of the
facts necessary.
Question 6. The Department has already issued a series of waivers
from requirements in ESSA, despite the fact the law has not been fully
implemented. It has been hard for Congress, advocates, and members of
the public to find information on the content of the waivers requested
by states. How do you think the Department can improve public
transparency around the waivers sought by states and then the decision
to approve or deny those requests by the Department, as well as the
content of the waivers? Will you commit, if confirmed, to ensuring
states release the content of their approved waivers so that Members of
Congress and advocates can understand how policies in the approved
waivers interact with the policies states have laid out in their
approved ESSA state plans?
Answer 6. I firmly believe in transparency. However, since I have
not been involved in the deliberations or decisions concerning various
waivers that states have requested, as well as how those decisions have
been communicated to the public and Congress, it would not be
appropriate for me to speculate on those issues. If confirmed, I will
commit to reviewing the waiver review process to ensure that it aligns
with what the law requires, as well as how the Department is providing
information to the public concerning waiver decisions to ensure that
there is an appropriate level of public transparency.
Question 7. ESSA requires states and districts to report on several
new reporting requirements, including per-pupil expenditures, data from
the Civil Rights Data Collection, post-secondary enrollment where
available, and several reporting requirements related to state
accountability systems. Please discuss how the Department will ensure
states and districts fully comply with these reporting requirements,
including ensuring that identified schools are clearly listed on report
cards, student outcomes on accountability indicators are clearly
reported for all students and each subgroup of students, and how the
Department will ensure the report cards meet all of the transparency
requirements in section 1111(h)(1)(B) related to language and
accessibility.
Answer 7. If confirmed, I would commit to implementing the laws as
authorized by Congress, which includes states and districts reporting
the data elements described in your question. Given the law's
requirements, my expectation is that the Department would use its
standard methods of ensuring compliance, including monitoring and the
provision of technical assistance, as well as its enforcement powers,
if necessary.
Question 8. In the fiscal year 2018 budget request, President Trump
proposed to allocate $1 billion in Title I funding through the Weighted
Student Funding (WSF) pilot authorized under Section 1501 of ESSA. In
addition, President Trump proposed to manipulate the WSF authority and
require school districts receiving this funding to adopt open
enrollment policies, which was not a condition Congress included in the
WSF pilot program when it passed ESSA. Both the House and Senate
rejected this proposal, with the Senate Labor, Health and Human
Services, Education and Related Agencies Subcommittee report
accompanying the fiscal year 2018 appropriations bill stating, ``the
Committee believes significant changes such as this to this recently
reauthorized law should be made as needed through legislation
considered by the authorizing Committees of Congress.'' Do you commit
to implementing the WSF pilot as Congress intended and not conditioning
use of this pilot authority on the adoption of school choice policies,
including open enrollment?
Answer 8. I am pleased that the Department released the Weighted
Student Funding (WSF) pilot application on February 7, 2018. Should I
be confirmed, I look forward to working with the Local Educational
Agency awardees as they implement the pilot.
Question 9. How should the Department conduct oversight of state
plans that choose to implement locally selected nationally recognized
assessments at the high school level as permitted in section
1111(b)(2)(H)?
Answer 9. It is my understanding that ESSA allows for a state to
choose to make a nationally recognized high school assessment available
for selection by an LEA in lieu of the statewide high school assessment
only if certain specific requirements in the law are met. Therefore, my
expectation is that the Department would monitor and enforce states'
compliance with those specific provisions of the law in order to ensure
a state is fully compliant, for those states that choose to make a
nationally recognized high school assessment available as an option for
use by an LEA.
Question 10. ESSA contained new important tribal consultation
provisions, both in Title I as it relates to states plans and in Title
VIII, Section 8538, which requires certain school districts to engage
in tribal consultation. We have heard many concerns that states and
school districts are not meaningfully following through on these tribal
consultation requirements. Please discuss how you plan to monitor
whether or not states and school districts are meeting these
requirements, including whether the Department plans to distribute
technical assistance to states and districts in order to ensure they
fully implement these important tribal consultation provisions.
Answer 10. Consultation with stakeholders is an important aspect of
ESSA and, I believe, is a necessary component to fulfilling the clear
intent of Congress to return decisions back to states and local
communities under the law. This certainly extends to tribal
consultations on the development and implementation of state plans
under Title I and programs under Title VIII. While it would not be
appropriate for me to commit to any specific procedures to ensure these
consultations take place and are ongoing, I intend to engage in robust
discussions with the Secretary and staff in the Office of Elementary
and Secondary Education, if confirmed, to evaluate and determine how
the Department can best ensure that states and districts are in
compliance with the law.
Question 11. In part, Congress enacted ESSA to end the
administration of our Nation's education law through waivers. In
enacting ESSA, Congress made clear the vast majority of students with
disabilities should be held to the same academic achievement standards
as their peers and participate in their state's general assessment
processes. To enforce this, Congress capped at 1-percent the number of
students who can be administered the alternate assessment for students
with the most significant cognitive disabilities. However, we've seen
this Administration issue several waivers of key requirements in the
law, including the 1-percent cap on alternate assessments. In doing so,
I've been disappointed by the lack of public transparency in this
process. For example, the Department has not posted in one, central
location on its website the request from states, the supporting
documents, or proof the state has made the request public and solicited
comments from the public--as is required by ESEA.
Question 11 (a). When the Department receives a waiver request,
will you commit to posting the requests, supporting documents,
and links to each states' public input process?
Answer 11, 11 (a). I am aware there is significant interest in
waivers and believe in transparency. However, with regards to
this specific issue, it would not be appropriate for me to
commit to any decision or action, until I have an opportunity
to discuss with the appropriate staff at the Department
including the Office of Elementary and Secondary Education, and
the Office of General Counsel, should I be confirmed.
Question 11 (b). Will you commit to holding states accountable
that the waiver requests to exceed the 1-percent cap on the
alternate assessment provide transparent state-level
information on the number and percentage of students, including
by subgroup, who are taking the alternative assessment?
Answer 11 (b). The Every Student Succeeds Act (ESSA), as passed
by Congress, allows states to submit a waiver on the 1 percent
assessment requirement. If confirmed, I look forward to working
with the Secretary to ensure that the law is implemented as
written and in a way that focuses on providing flexibility, and
supporting states and local efforts to improve outcomes for
children with disabilities.
Question 11 (c). How will you ensure that general and special
education teachers, paraprofessionals, teachers of English
learners, and other appropriate staff know how to make use of
appropriate accommodations when administering assessments to
students with the most significant cognitive disabilities?
Answer 11 (c). Should I be confirmed, I will work with the
Office of Special Education and Rehabilitative Services on the
provision of any technical assistance requested and the
availability and dissemination of information related to these
issues.
Question 12. Under your watch as Lieutenant Governor, Florida
started multiple voucher programs, including John M. McKay Scholarships
for Students with Disabilities program and the Florida Tax Credit
Voucher program. The Orlando Sentinel completed a months-long
investigation of Florida's voucher programs that found widespread
waste, fraud, and abuse and little oversight. As one Orlando Sentinel
reporter said ``This increasing, reckless waste of taxpayer dollars
must stop.'' \1\ Is this waste, fraud, and abuse concerning to you? If
so, how can you reconcile these results with the current
administration's goal to create a $20 billion voucher program?
---------------------------------------------------------------------------
\1\ See http://www.orlandosentinel.com/news/lake/os-lauren-
ritchie-millions-mckay-scholarship-20170420-story.html
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Answer 12. Waste, fraud, and abuse are concerns of mine; however, I
am not familiar with, and thus cannot comment on, the details of the
investigation by the press that you are referring to.
Appropriate stewardship of taxpayer dollars is of critical
importance to me and the Administration. I take the obligation
seriously. Should a voucher program be proposed, it would be the
responsibility of Congress to create and determine the specifics of
such a program. If I am confirmed, and Congress chooses to create such
a voucher program, I would implement the program in accordance with the
law.
Question 13. Children and youth in foster care are some of the most
vulnerable students in our country. ESSA includes new protections to
promote educational stability for children and youth in foster care,
including requiring local educational agencies and child welfare
agencies to collaborate to ensure that children in foster care are able
to stay in their school of origin when they move foster placements. A
recent report from the Chronicle of Social Change found that only 33
states confirmed that they in compliance with these new requirements.
\2\ How do you plan to work with HHS to ensure that these requirements
are implemented with fidelity?
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\2\ See https://chronicleofsocialchange.org/analysis/analysis-11-
states-struggle-meet-Federal-education-requirements-foster-youth/29482
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Answer 13. Should I be confirmed, I would work closely with
colleagues at the Department of Health and Human Services (HHS),
Administration for Children and Families, to ensure that states are
complying with this important provision in the law. I share your
concern for this vulnerable population and assure you I will make it a
priority to see that the law is followed.
Question 14. ESSA makes a number of changes designed to support
English learners, including moving accountability for English language
proficiency from a separate system under Title III to the larger
statewide accountability system under Title I. What supports do you
think states need to implement changes related to English learners and
how will you ensure that states receive these supports?
Answer 14. I agree that ESSA, importantly, focuses additional
attention on English learners and closing the achievement gap for these
students, which represent a growing population of students across all
states. States should be focused on training content teachers and
focusing on interventions needed for math and reading. States also
benefit from support in developing instructional programs that focus on
language development. We can ensure that states receive this support
through technical assistance and monitoring.
Question 15. If confirmed, do you plan to make any changes to
OESE's organizational structure? If so, what changes will you make and
why?
Answer 15. The Department is currently in the process of developing
a plan for reorganization as per the requirements of Executive Order
13781. The draft plan, recently presented at an all-hands meeting of
the Department, would consolidate the Office of Innovation and
Improvement into OESE. However, I did not take part in the development
of the Department's draft plan, and am not involved in discussions
regarding the proposed changes to OESE.
Question 16. New national research by Chapin Hall at the University
of Chicago finds that, of many attributes associated with youth
homelessness, lack of a high school diploma or GED was the most
strongly correlated with higher risk for youth homelessness. Young
adults without a high school degree or GED had a 4.5 times higher
likelihood of experiencing homelessness than peers who completed high
school. \3\ This research highlights education as a critical
intervention to prevent and end homelessness for America's youth. At
the same time, ESSA places new emphasis on improving academic outcomes
for homeless youth--both the stronger protections of the McKinney-Vento
Act, and the required disaggregation of graduation rates for homeless
students in Title I Part A. What actions will you take to help state
and local educational agencies comply with these mandates, and ensure
that children and youth experiencing homelessness cross the finish line
to their high school graduation?
---------------------------------------------------------------------------
\3\ See http://voicesofyouthcount.org/wp-content/uploads/2017/11/
ChapinHall-VoYC-NationalReport-Final.pdf
---------------------------------------------------------------------------
Answer 16. ESSA requires states to report on graduation rates of
homeless and foster students for School Year (SY) 17/18 though I
understand there will be data coming out earlier for SY 16/17. These
data will focus attention on where gaps exist and help states and
districts better plan how to reduce and eliminate barriers to the
educational success of these students. The accuracy of the data is
critical thus the Department will work with states to verify.
Related to graduation rates is the rate of chronic absenteeism.
Attendance and retention are key indicators for the McKinney-Vento
program. The Department will work to provide technical assistance to
states and review these indicators and strategies during monitoring. If
confirmed, I look forward to working on these critical issues.
Question 17. The Chapin Hall study also found that 700,000
adolescents between the ages of 13-17 experienced unaccompanied
homelessness--that is, homelessness without a parent or guardian--in a
year. \4\ The study found that youth homelessness was just as prevalent
in rural areas as in urban and suburban areas. In contrast, public
schools identified 111,708 unaccompanied homeless youth in 2015-2016,
suggesting significant under-identification of this vulnerable group of
students. \5\ What actions will you take to help schools better
identify all children and youth experiencing homelessness, including
unaccompanied youth, per the requirements of McKinney-Vento Act, in
rural, suburban, and urban communities?
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\4\ See http://voicesofyouthcount.org/wp--content/uploads/2017/11/
ChapinHall--VoYC--NationalReport--Final.pdf
\5\ See https://nche.ed.gov/downloads/webinar/uhy--essa.pptx
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Answer 17. The Department will continue to collaborate with other
agencies that administer programs that serve homeless children and
youth, including HHS and the Department of Housing and Urban
Development, to better identify homeless students including
unaccompanied youth. We need to facilitate collaboration among school
districts, institutions of higher education and our grantees to address
the educational needs of unaccompanied homeless youth and provide them
with pathways to post-secondary education or training and careers.
Providing data and data analysis to identify patterns of underreporting
and sharing this information with our state coordinators will help
focus attention on where the needs are greatest and target efforts
appropriately.
Question 18. An estimated 1.2 million children under age six
experience homelessness, representing one of every 18 children under
age six. \6\ These children face barriers to participation in quality
preschool programs, including high mobility, lack of documentation and
transportation, and lack of awareness of homelessness among preschool
personnel. Fortunately, ESSA amended the McKinney-Vento Act in several
important ways to increase access to preschool programs. What will you
do to ensure that the Department's early learning initiatives are
coordinated with the McKinney-Vento Act's Education for Homeless
Children and Youth program?
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\6\ See http://www.naehcy.org/sites/default/files/dl/legis/ECE--
Fact--Sheet--2016--September19.pdf
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Answer 18. Experiences of homelessness in early childhood can have
a long-term impact on a child's educational and emotional development.
There are too many American children experiencing homelessness who need
access to educational services to help minimize these negative impacts.
The McKinney-Vento program should work closely with the Office of Early
Learning at the Department as well as with HHS to make sure we are
providing outreach to parents on the rights of homeless students to
ensure their children have access to the services they need to be
successful. Sharing data between agencies and making sure it aligns can
help inform our technical assistance and monitoring and is essential to
good program management. Greater collaboration among agencies will help
facilitate greater engagement and response to address homelessness at
all ages.
Question 19. Do you commit to inform the Members of this Committee
if you intend to undertake any review or revision of any existing
guidance?
Answer 19. The Department is thoroughly reviewing all guidance
pursuant to Executive Order 13777. I am not involved in that work as a
part of my current role at the Department. If confirmed, I will work as
appropriate with Department officials including the Department's Office
of Legislation and congressional Affairs, on these matters.
Question 20. What is your opinion about whether Minority Members of
the HELP Committee have the authority to conduct oversight of the U.S.
Department of Education?
Answer 20. I appreciate and respect the oversight responsibilities
of Members of Congress and this Committee. If confirmed, I will work
with the Office of Legislation and congressional Affairs to be as
responsive as possible to all congressional inquiries in a timely and
thoughtful way, regardless of party.
Question 21. If confirmed, do you agree to provide briefings to
Members of the HELP Committee, including Minority Members, if
requested?
Answer 21. If confirmed, I will work with my colleagues in the
Office of Legislation and congressional Affairs to ensure any briefing
requests from Members of the HELP Committee, regardless of party or
position, are responded to in a timely and appropriate manner, whenever
participation by the Office of Elementary and Secondary Education is
requested or appropriate.
Question 22. If confirmed, do you commit to answer promptly and
completely any letters or requests for information from individual
Members of the HELP Committee including request for Department of
Education documents, communications, or other forms of data?
Answer 22. If confirmed, I will work with the Office of Legislation
and congressional Affairs, as appropriate, to be as responsive as
possible to all congressional inquiries and requests for information in
a timely and thoughtful way.
senator casey
Question 1. Bullying and harassment affects nearly one in every
three American students between the ages of 12 through 18, and research
shows that it has adverse long-term consequences, including decreased
concentration at school, increased school absenteeism, damage to the
victim's self-esteem, and increased social anxiety. What do you think
the Department's role should be in reducing bullying to ensure a safer
learning environment for all students?
Answer 1. Bullying or harassment of any student is unacceptable. If
confirmed, I look forward to working with the Secretary and offices
within the Department, including the Office of Special Education and
Rehabilitative Services, and the Office for Civil Rights, to help
ensure that students have safe learning environments and that
applicable Federal laws prohibiting these forms of discrimination are
enforced.
Question 2. We know teachers are one of the most important factors
that affect a child's learning, and we know that great teachers need
great professional development to help them improve their craft.
Working together we added language to Title II(A) of ESSA, much of it
was in my bill the Better Educator Support and Training Act (the BEST
Act), to make sure states and school districts implement evidence-based
activities to strengthen the teaching profession and keep great
teachers in the classroom. How should states ensure school districts
are providing effective professional development for educators? As a
former educator, were there any professional development opportunities
you found particularly effective?
Answer 2. Teachers are front and center in America's quest to
provide a world class education to all of our students. Thus, more than
ever before, professional development crafted for the state, district,
and school level is critical. It is essential to use an evidence-based
approach tailored to how each school will adapt to the changes brought
about as a result of implementation of the individual ESSA plans for
each state. At the same time evidence-based best practice can be
coordinated, and more quickly replicated at the local level. Best
practice identification and awareness clearly has an important place in
the Department's future, as we move from the approval process to
monitoring and the provision of technical assistance.
At one point in my career as a School Superintendent we embarked on
an ambitious program of professional development regarding the infusion
of STEM education in our district's schools. Teachers and
administrators of the district created a well-organized, coordinated,
and engaging program. Thus, the end result was transformative by most
accounts and successful particularly because it was tailored directly
to our specific needs.
Question 3. Do you think that private schools receiving Federal
funding should be required to adhere to the same academic standards and
accountability measures as public schools? Do you think there should be
any distinction in these standards for private schools receiving
Federal funds through vouchers, tax-credit scholarships, or education
savings accounts?
Answer 3. Since private schools do not currently receive Federal
funding under Title I of ESEA, the law's requirements concerning state
academic standards, assessments, and accountability systems do not
apply to private schools. I believe the law is very clear on this
point. Therefore, it is up to each state to determine whether or not
private schools must adhere to the same academic standards and
accountability measures as public schools in their state. Furthermore,
if Congress were to authorize a program in which private schools
received Federal funds through vouchers, tax-credit scholarships, or
education savings accounts, then it would be up to Congress to decide
whether or not Federal requirements concerning standards and
accountability measures should apply.
Question 4. One benefit of the increased flexibility in ESSA
provided to states was the opportunity for stakeholder engagement. What
role should teachers, parents, and other stakeholders play in
developing state plans, district plans, and school improvement efforts?
Answer 4. Once the ESSA plans are approved by the Department, the
on-going education as to the contents of those plans needs to take
place in every state across the country. Awareness meetings at the
state, district, and school site level will be critical in assuring key
stakeholders understand the vision in their plan. Their
responsibilities for participation will also become clearer. Web based
programs as well as appropriate social media, can assist in expediting
the vital expansion of this new information. These same stakeholders
will be essential, not only in initial changes, but evolutionary
changes to the plans over time.
Question 5. The educational achievement of youth with disabilities,
as measured by high school graduate rates, has improved significantly
since 2001, when they began to be included in accountability measures.
Their graduation rate has improved by over 20 percentage points since
that time. However, that rate is still 20 percentage points lower than
the general population. When they leave their K-12 schooling their
employment rate is less than half that of those without disabilities.
Their post-secondary education participation is half that of their non-
disabled peers. The Every Student Succeeds Act specifically states that
students with disabilities must have access to the general curriculum
and the opportunity to graduate high school prepared for post-secondary
education and employment. If you are confirmed as the Assistant
Secretary for Elementary and Secondary Education, how will you work to
improve the educational outcomes for students with disabilities who are
attending our public schools?
Answer 5. I am committed to upholding the provisions of the Every
Student Succeeds Act to ensure that all children are provided an
opportunity to receive a fair, equitable, and high-quality education,
including children with disabilities and children with the most
significant cognitive disabilities. The Office of Special Education and
Rehabilitative Services (OSERS) has long partnered with OESE to ensure
that ESEA implementation is conducted in a way that aligns with the
Individuals with Disabilities Education Act (IDEA) and supports our
offices' collective efforts to improve outcomes and results for every
child with a disability. If confirmed, I will prioritize OESE's
partnership with OSERS by ensuring that OSERS is involved in ESSA-
related matters pertaining to the education of children with
disabilities. I am committed to continuing existing investments that
are jointly sponsored and operated by OESE and OSERS--each of which is
aimed at ensuring children with disabilities have the resources,
supports, and opportunity to succeed in school and in the post-
secondary environment.
Question 6. There have been a spate of on-line K-12 businesses
providing educational instruction over the past five to 10 years;
businesses such as K-12, Inc., Connections Academy, and Archipelago
Learning The NCES reported there were over 315,000 students enrolled in
full-time, on-line schools during the 2013-2014 school year. That year,
over 2.7 million K-12 students took at least one course on-line. States
and individual school districts have also begun to offer on-line
instruction. While there are great cautions that need to be taken with
on-line instruction, particularly around the issue of accountability,
if such instruction is going to be offered, we need to ensure there is
equal access to such instruction. Given the lack of high-speed internet
in rural areas and a significant number of complaints filed with the
Department of Justice regarding accessibility of on-line instruction
for those with disabilities, how will your office monitor equal access
to high quality on-line education while ensuring high quality?
Answer 6. Thank you for your question, which I believe raises many
important issues states and local school districts should be
considering when evaluating innovative approaches to providing
education, such as on-line instruction. As a general matter, the
Federal Government is prohibited from interfering with state and local
decisions concerning any particular program of instruction that is
offered in their schools. At the same time, no student should be
discriminated against or denied access to education. With regards to
students with disabilities, Federal law prohibits discrimination,
including inequitable access to educational programs. If confirmed, I
would defer to the Department's Office for Civil Rights, to handle any
complaints presented to me that alleged any such form of
discrimination.
Question 7. Reports as recent as the Brookings Institution 2017
study continue to indicate that students of color continue to receive
the harshest disciplinary punishments compared to white students.
Students of color receive disciplinary punishments such as expulsion
and suspensions at a rate up to three times that of their white
counterparts. Loss of instructional time due to such disciplinary
practices puts students at a significant disadvantage. How will you
address the issue of disproportionate use of discipline that makes
their academic success more difficult? Will you work to retain the
existing guidance designed to reduce the disproportionate use of
discipline for students of color?
Answer 7. The Department is currently undergoing a review of all
existing regulatory documents per Executive Order 13777. As such it
would not be appropriate for me to comment while that review is
underway. However as a general matter, if confirmed, I would work with
the Office for Civil Rights (OCR) on issues such as this one.
Question 8. The Assistant Secretary for Elementary and Secondary
Education has responsibility for implementation of ESSA. ESSA, and its
predecessor, NCLB, explicitly state that SEAs and LEAs are responsible
for the academic achievement of students with disabilities. How will
you work with the Office of Special Education and Rehabilitation
Services to ensure students with disabilities have access to the
general curriculum; are included in challenging instruction; have the
opportunity to enroll in robust programs such as Perkins CTE courses,
International Baccalaureate programs, AP course work, and ; and dual
high school/college enrollment? How will you work to ensure SEAs and
LEAs have the highest possible expectations and provide teachers and
school leaders with the resources necessary to challenge and promote
the academic advancement of all students, especially those with
disabilities?
Answer 8. As a former State Commissioner of Education, I have a
strong record of working to ensure that all children, including
children with disabilities, have access to quality curriculum, and have
the opportunity to enroll in quality CTE programs, IB programs, AP
courses and dual enrollment coursework. I am committed to ensuring that
every child with a disability has access to these programs. Certainly,
this includes a strong partnership with OSERS, but it also involves
partnering with my colleagues in OCR to ensure that children with
disabilities have access to and an opportunity to benefit from these
programs. Secretary DeVos earlier this year published an op-ed that
specifically discussed low-expectations for children with disabilities.
I know that this issue is a priority for Secretary DeVos and for
Assistant Secretary of OSERS Johnny Collett, and I look forward to
working with them both to support states, school districts, educators,
and school administrators to raise expectations for children with
disabilities. The work the Department is doing through the Center on
Great Teachers and Leaders is a great example of how OESE, OSERS, and
other offices within the Department are working to raise expectations
for all children, ensure that each child has an opportunity to succeed,
and has access to high quality teachers.
senator warren
Question 1. If confirmed, you will be in a position to influence
the U.S. Department of Education's (``the Department'') annual budget
request. The Department's Fiscal Year 2018 budget proposed cutting more
than $9 billion in Federal education dollars, completely eliminating
critical programs that help Massachusetts. This budget proposal was
roundly rejected by Republicans and Democrats in both chambers of
Congress. Do you believe the Federal Government should be investing
more or less in education?
Answer 1. I was not a part of the Fiscal Year 2018 budget, nor the
development of the Fiscal Year 2019 budget, thus I cannot comment on
the decisions that were made. If confirmed, I look forward to being a
part of the conversations related to the best use of Federal dollars,
including the use of evidence-based decisionmaking to inform choices
that are being made.
Question 2. If confirmed, will you do everything in your power to
prevent harmful cuts to Federal education programs?
Answer 2. If confirmed, I look forward to being a part of the
conversations on how to use Federal resources to best support states,
LEAs, schools, and teachers, to ensure all students have access to a
high quality education and the opportunity to succeed.
Question 3. The Department's Fiscal Year 2018 budget also proposed
sending hundreds of millions more dollars to implement school
privatization policies, such as private school vouchers.
Question 3 (a). Do you believe Federal taxpayer dollars should
generally stay in public education?
Question 3 (b). Should Federal taxpayer dollars fund private
school vouchers?
Answer 3, (a), (b). I believe all students have the right to a
high-quality education and that families should have a range of options
to best meet the educational needs of their children irrespective of
their zip code. I further believe that taxpayers, whether local, state,
or Federal, expect their tax dollars to be both administered in
accordance with the law, and used to support high-quality educational
options for children.
If a Federal private school voucher program were to be developed,
it would be up to Congress to design the program and establish its
parameters, as well as allocate resources for such a program. Should
Congress choose to create and fund a Federal private school voucher
program, I would, if confirmed, faithfully implement the law as written
by Congress.
Question 4. You and I both started our careers in public elementary
school classrooms. As a former teacher, I believe strongly in the
importance of teacher voices in local, state, and Federal
decisionmaking.
Question 4 (a). Do you agree?
Answer 4. Yes.
Question 4 (b). What role do you think teachers should play in
the creation of state plans, district plans, and school
improvement efforts?
I believe that all stakeholders should play a role in informing all
levels of the system, including teachers, who will be on the front
lines of implementing plans and improvement efforts.
Question 5. The Every Student Succeeds Act (ESSA) rightly placed a
strong emphasis on the importance of stakeholder engagement throughout
the creation, adoption, and implementation of state plans and school
improvement efforts. The law requires teachers, paraprofessionals,
parents, and community and civil rights organizations, among others, to
be consulted as states are drafting their plans. Under Secretary DeVos,
however, the ESSA state plan template was amended to remove the
requirement that states detail their stakeholder engagement efforts.
Question 5 (a). Do you agree that meaningful stakeholder
engagement, as outlined in the law, is essential?
Question 5 (b). Do you believe that states should detail their
stakeholder engagement efforts in state plans? If not, why not?
Question 5 (c). How specifically do you intend to hold states
accountable for ensuring meaningful stakeholder engagement?
Answer 5. The State Plan template, which states had the option
to use, aligns to the requirements in the law. The Secretary
has said she will only approve plans that comply with ESSA. To
date, approximately 35 plans have been approved. The remaining
plans have been submitted. Those plans will be approved if they
are in compliance with the requirements of ESSA.
Question 6. Secretary DeVos has said that ``high-quality virtual
charter schools provide valuable options to families, particularly
those who live in rural areas where brick-and mortar schools might not
have the capacity to provide the range of courses or other educational
experiences...'' \7\ But according to a 2015 study, academic outcomes
in math among students in virtual schools, who receive no in-person
instruction, were equal to scores a student who had skipped 180 days of
school would receive. Virtual school students' reading scores exhibited
the effect of missing 72 days of school. \8\ Last year, a national
study found that two-thirds of full-time virtual schools that have
academic ratings received ``unacceptable'' results. The same report
found that the average graduate rate for those schools is less than
half of the average rate for public schools in general. \9\
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\7\ See https://www.npr.org/sections/ed/2017/02/04/513220220/
betsy-devos-graduation-rate-mistake
\8\ See https://www.washingtonpost.com/news/answer-sheet/wp/2016/
12/14/virtual-school-operator-k12-faces-challenge-from-stockholders-
demanding-transparency/'utm--term=.ee2cbda5b171
\9\ See https://www.npr.org/sections/ed/2015/02/02/382167062/
virtual-schools-bring-real-concerns-about-quality
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Question 6 (a). Given this evidence, if confirmed, will you
commit to using your position to encourage states to
strengthen, rather than weaken, charter school accountability,
particularly among virtual and for-profit charter schools?
Question 6 (b). If confirmed, what, if anything, do you plan to
do to reign in the excesses of the for-profit, virtual charter
sector and prevent more students from being harmed?
Answer 6 (b). I appreciate the results of the study you cited.
However, we should be mindful that the study examined results
from 2008 to 2013, and I believe that the study and other
information made available to school officials and parents are
resulting in continual improvements. I agree with the Secretary
that high quality virtual charter schools that use high quality
teachers can take advantage of the advances of technology and
can be used to provide valuable options to families.
If confirmed, I will encourage state and local officials to
help strengthen the ability of these schools to provide a high
quality education, and if there are excesses that are
inconsistent with the law, I will work with the Inspector
General and other offices and agencies that may have
jurisdiction to enforce the laws in question.
Question 7. 76 percent of private schools in the United States are
affiliated with a religious group, and more than 80 percent of private
school students attend a school with a religious affiliation. \10\ Many
of these schools include religious instruction in their curricula and
require students to attend religious services. And hundreds of these
schools receiving taxpayer dollars have reportedly discriminated
against vulnerable students, such as LGBTQ students. \11\
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\10\ See http://www.capenet.org/facts.html
\11\ See https://www.huffingtonpost.com/entry/discrimination-lgbt-
private-religious-schools--us--5a32a45de4b00dbbcb5ba0be
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Question 7 (a). If confirmed, what specifically will you do to
prevent schools that receive Federal education dollars, including
publicly funded vouchers, from discriminating against LGBTQ students?
Answer 7 (a). Schools that receive Federal dollars must comply with
Federal law. The Office for Civil Rights (OCR) enforces Title IX which
prohibits discrimination of all students, including LGBTQ students, on
the basis sex. If confirmed, I will work closely with OCR on these
issues and support the vigorous enforcement of civil rights laws.
Question 7 (b). What will you do to prevent private schools that
receive Federal education dollars from discriminating against students
on the bases of race, sex, or disability?
Answer 7 (b). Schools that receive Federal financial assistance
must comply with Federal civil rights laws, including prohibitions
under Title IX (sex), and Title VI (race), and discrimination based on
disability. These protections are enforced by OCR. If confirmed, I look
forward to working closely with OCR to ensure that institutions that
receive Federal funds comply with these important statutory
protections.
Question 8. Many ESSA plans submitted this year did not clearly
describe plans for school improvement, including how states will help
and support schools identified for improvement. If confirmed, how will
you help states and districts implement evidence-based improvement
strategies with proven track records of success?
Answer 8. As you note above, evidence-based interventions must be
implemented in the schools that states identify consistent with the
statutory requirements for this identification. States and school
districts have flexibility to identify evidence-based interventions, as
defined in ESSA, to meet the specific needs and contexts of schools and
students. States and school districts will be best positioned to craft
plans for school improvement that meet the needs of identified schools
once those schools are identified. As noted above, the Department has
made available a variety of resources to support selection and
implementation of evidence-based improvement strategies with proven
track records of success and will leverage these resources in
supporting states and school districts. To the extent feasible, offices
within the Department, such as the Institute of Education Sciences,
that develop and publish reports and guides to summarize and provide
information on evidence-based interventions will continue to do so and
collaborate with program offices that administer formula and
discretionary grant programs to take into consideration the needs of
states and school districts. Further, offices in the Department that
administer programs will continue to communicate with states and school
districts to identify needs and provide support.
Question 9. Per the Supreme Court decision Plyer v. Doe, schools
are expected to serve all children regardless of immigration or
citizenship status. \12\
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\12\ See https://www.ed.gov/about/offices/list/ocr/letters/
colleague-201405.pdf
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Question 9 (a). If confirmed, what specifically will you do to
ensure the right of all students, including undocumented
students, to a public education is protected?
Answer 9 (a) As a result of the Supreme Court's ruling on Plyler v.
Doe (1982), states and school districts are obligated to enroll
students regardless of immigration status and without discrimination on
the basis of race, color or national origin. 457 U.S. 202 (1982).
Plyler makes clear that the undocumented or non-citizen status of a
student (or his or her parent or guardian) is irrelevant to that
student's entitlement to an elementary and secondary public education.
If confirmed, I will work closely with OCR, which enforces Title VI of
the Civil Rights Act of 1964 to protect every student's right to access
his or her education free from discrimination based on race, ethnicity,
or national origin, consistent with Plyler V. Doe.
Question 10. According to a 2015 study, a 10 percent increase in
per-student K-12 spending increased adult wages by 7 percent, an effect
that was even larger for low-income students. \13\ Similarly, a 2016
study found that greater state spending on low-income students
dramatically improved student learning in reading and math. \14\
Unfortunately, Title I schools generally receive less state and local
funding than non-Title I schools. That is why Title I includes a
``supplement, not supplant'' requirement--a critical civil rights
component of the law. Despite the long history of the ``supplement not
supplant'' requirement, however, serious funding inequities remain, not
only between districts but also within them. ESSA for the first time
contains a statutory directive around how districts must demonstrate
compliance with the ``supplement, not supplant'' provision. ESSA states
that districts must use a methodology to allocate state and local funds
to each Title I school that ensures each such school receives all the
state and local funds it would otherwise receive if it were not a Title
I school.
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\13\ See https://academic.oup.com/qje/article-abstract/131/1/157/
2461148'redirectedFrom=fulltext
\14\ See http://www.nber.org/papers/w22011
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Question 10 (a). If confirmed, how specifically will you
enforce the language in ESSA requiring Title I Part A funds to
supplement state and local funds rather than supplant them?
Question 10 (b). What test will you use to ensure states and
districts are complying with this provision in the law and
adequately demonstrating compliance?
Question 10 (c). How will you ensure that Title I funds are
truly providing the supplemental supports necessary in high-
poverty schools, and not just filling in shortfalls in state
and local funding?
Answer 10. I am keenly aware of the longstanding and important
fiscal compliance requirements of ESEA through my experiences as a
Superintendent of Schools in Martin County and as the Florida State
Commissioner of Education, including supplement, not supplant. I
particularly appreciate the flexibility that Congress provided in ESSA
by moving away from requiring districts to identify each individual
cost and service funded with Title I as supplemental, toward a more
holistic approach that looks at the overall methodologies by which
districts distribute funding. Ultimately, I believe this will ensure
Federal Title I dollars are truly supplemental, while not discouraging
districts from investing in innovative approaches to supporting
students in high-poverty schools. However, it would not be appropriate
for me to speculate on how I would implement or enforce these
requirements until I am confirmed and have an opportunity to consult
with the Secretary and staff in the Office of Elementary and Secondary
Education.
Question 11. During your confirmation hearing, in response to one
of my questions, you unambiguously committed to making sure every state
follows the ESSA provision requiring that the performance of all groups
of students be included in a state's accountability system. I
appreciate your firm and clear commitment, particularly since the
Department has approved state plans--like Florida's, Maryland's, and
New Mexico's--that flout this requirement.
Question 11 (a). If confirmed, will you stop the Department from
approving plans that do not meet this essential element of ESSA?
Answer 11. The Secretary has said she will only approve plans that
comply with ESSA. To date, approximately 35 plans have been approved
having met this requirement. The remaining plans have been submitted.
Those plans will be approved if they are in compliance with the
requirements of ESSA. Should I be confirmed, I look forward to working
with the Secretary on any remaining plans. I commit to you that I would
recommend approval of only plans that comply with the law.
Question 12. I fought with Senator Cory Gardner (R-CO) for ESSA's
bipartisan data transparency provisions to help us better understand
how schools are serving all kids. Because of our amendment, states must
provide to the public information required under ESEA section
1111(h)(1)(c) in an easily accessible and user-friendly manner that can
be cross-tabulated by student subgroup. \15\
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\15\ ESEA section 1111(g)(2)(N)
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Question 12 (a). If confirmed, will you ensure that all states
comply with this provision in ESSA?
Question 12 (b). Will you commit to providing my office with a
state-by-state update of how exactly states are complying with this
provision?
Answer 12. If confirmed, I would commit to implementing the laws as
authorized by Congress. In addition, I believe strongly in the
necessity of giving parents useful, accessible information regarding
the performance of their child's school, which the report cards
provide. So yes, I commit to helping ensure that all states comply with
this provision in ESSA.
However, I believe it would be premature to commit now to a
schedule for providing state-by-state updates to your office as I am
not yet aware if or when the Department will have this information
available. Should I be confirmed, I would be happy to revisit this
question.
Question 13. There is an educational achievement gap in this
country between white students and students of color. There is also
unequal access to educational resources. \16\ I believe these gaps in
achievement and resources are largely due a history of racial
discrimination and unequal access to opportunity in this country.
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\16\ See https://nces.ed.gov/nationsreportcard/pubs/studies/
2015018.aspx;https://www.brookings.edu/articles/unequal--opportunity--
race--and--education/http://www.usccr.gov/pubs/2018-01-10-Education-
Inequity.pdf.
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Question 13 (a). Why do you believe that these gaps persist?
Question 13 (b). In your view, what is the Federal Government's
role in closing these gaps?
Question 13 (c). Please describe your view of the Federal
Government's civil rights imperative when it comes to the
educational opportunities of students of color.
Question 13 (d). If confirmed, how will you use your position
to address these gaps and inequalities?
Answer 13 (a). It is most important for us to discuss how we as a
country can help every single child to have equal access to the quality
education they deserve. The gaps that may exist and may otherwise
persist may have been the product of the narrow thinking in the past--
that reform to address gaps well had to be filled with many
requirements and prescriptions. In the past efforts, there was not
enough flexibility provided to help state and local educators drive
innovation and true reform so that every student's learning needs are
addressed. The role of the Federal Government is to help state and
local governments facilitate innovation and improvement, and not stand
in its way.
Answer 13 (b). Our imperative is to ensure equal access to a
quality education for every student, and parents should have the right
to have a strong voice in how their child is educated.
Answer 13 (c). Government exists to protect those rights, and make
sure that no one is discriminated against in pursuing those rights.
Answer 13 (d). If confirmed I will address these issues by working
with parents, students, and state and local leaders to help ensure that
everyone has an appropriate opportunity for quality education.
Question 14. In March 2017, Secretary DeVos eliminated a $12
million voluntary competitive grant program designed to assist school
districts attempting to increase socioeconomic diversity in their
schools, because, according to the Department, the program was not a
good use of taxpayer money.
Question 14 (a). Do you agree with Secretary DeVos that this
program was a waste of Federal tax dollars?
Question 14 (b). Do you believe the Federal Government has a
role to play in fostering and promoting school diversity in our
increasingly diverse nation and world?
Question 14 (c). If so, how will you use your position to
improve school diversity across the country if you are
confirmed?
Answer 14 (a). I cannot comment on decisions the Department
made to which I was not a party as I do not have all the
relevant facts. What I do know is when the Department makes
choices among potential programs for the limited amount of
Federal funds available, there are often tough choices that
have to be made to help ensure that taxpayer funds are spent
efficiently and effectively.
Answer 14 (b). Providing all students with meaningful choices
to receive high quality education no matter what their economic
situation ensures the most appropriate means for diversity that
helps all students achieve to their full potential. It is most
important for us to discuss how we as a country can help every
single child have equal access to the quality education they
deserve.
Answer 14 (c). If confirmed, I look forward to improving
diversity in a manner that takes into account the interests of
all students.
Question 15. Secretary DeVos has been noticeably absent from
Congress since her confirmation. Several scheduled hearings and
appearances have been postponed or canceled, and the Secretary has not
appeared before the Senate HELP Committee since her confirmation
hearing.
Question 15 (a). How do you plan to communicate with Congress
in your role as Assistant Secretary?
Answer 15 (a). If confirmed, I will work with my colleagues in
the Office of Legislation and congressional Affairs in
responding to any congressional requests related to the Office
of Elementary and Secondary Education.
Question 15 (b). Will you commit to substantively responding to
inquiries and requests from all Committee Members, including
those in the minority?
Answer 15 (b). If confirmed, I will work with my colleagues in
the Office of Legislation and congressional Affairs to ensure
any requests related to the Office of Elementary and Secondary
Education from Members of the HELP Committee regardless of
party or position are responded to in a timely and appropriate
manner.
Question 15 (c). Please discuss your views on the role of
Congress in conducting oversight of the Department of
Education.
Answer 15 (c). I appreciate and respect the oversight
responsibilities of Members of Congress and this Committee. If
confirmed, I will in my role work with the Office of
Legislation and congressional Affairs to be as responsive as
possible to all congressional inquiries in a timely and
thoughtful way.
If you have any questions, please contact Josh Delaney in my office
at (202) 224-4543.
senator hassan
Question 1. Throughout your career you have been generally
supportive of school voucher programs. We know these programs lack the
same accountability as public schools, including charter schools and
that they move public dollars away from the public school system. Which
can in turn leave already struggling schools further behind. As we
discussed in our conversation in my office, we agree that every family
should be able to rely on their neighborhood school to provide a
quality public education.
Question 1 (a). How do you reconcile your support for all
neighborhood schools with the fact that an expansion of voucher
systems would inherently take away funding from these schools?
Answer 1 (a). I do not agree with your premise that expansion
of vouchers inherently takes funding away from neighborhood
schools. I support a range of educational options for children
and families to best meet their needs including traditional
public schools, charter schools, magnets, as well as private
schools, all of which are types of neighborhood schools, and
none of which inherently take funding away from one another.
Question 1 (b). Secretary DeVos supports expanding voucher
programs, included a recent provision in the tax bill that
expanded the tax benefits afforded by 529 savings plans for
college to private K-12 school tuition. If confirmed, would you
support the expansion of Voucher programs?
Answer 1 (b). I support providing greater choice to parents in
making the best decisions regarding the education of their
children. However, as I stated in my nomination hearing, choice
is not limited to vouchers. Choice can mean any number of
schools; traditional public, private, charter, magnet, virtual,
etc. Any new Federal voucher program would be created,
designed, and funded by Congress.
Question 2. During our conversation in my office, you said you had
read the recent Government Accountability Office (GAO) report,
``Private School Choice: Federal Actions Needed to Ensure Parents are
Notified About Changes in Rights for Students with Disabilities'' and
that you believe that parents should know what they are giving up
before opting into a voucher program, something the report says that
schools frequently fail to do. The Secretary of Education has two broad
Secretarial authorities under law, 20 USC 1221e-3 (``to make,
promulgate, issue, rescind, and amend rules and regulations governing
the manner of operation of, and governing the applicable programs
administered by, the Department''); and 20 USC 3474 (``to prescribe
such rules and regulations as the Secretary determines necessary or
appropriate to administer and manage the functions of the Secretary or
the Department.'').
Question 2 (a). If confirmed, would you work with the Secretary to
require that states disclose to students and their families when they
give up their rights under the Individuals with Disabilities Education
Act (IDEA) when using a voucher to attend a private school?
Answer 2 (a). I am concerned about any parent not having the
information they need to make well informed decisions about their
child's education. If confirmed, I look forward to working with the
Secretary and the Office of Special Education and Rehabilitative
Services to determine how the Department can best support state-
developed and operated voucher programs, empower parents, and respond
to the recommendations from the GAO report.
______
[Whereupon, at 3:30 p.m., the hearing was adjourned.]