[Congressional Record Volume 163, Number 20 (Monday, February 6, 2017)]
[Senate]
[Pages S707-S714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Nomination of Neil Gorsuch

  Mr. President, I would say this to the Presiding Officer, since he 
and I are both from Oklahoma, which is in the Tenth Circuit: Last week 
President Trump announced that he was nominating Judge Neil Gorsuch of 
the Tenth Circuit Court of Appeals to be a U.S. Supreme Court Justice. 
As someone who had been following the news and rumors of who the pick 
would be--I had been looking into potential nominees for weeks--I was 
pleased to see Judge Gorsuch's name come up because we know something 
about him.
  After the untimely death of Justice Scalia a year ago, it was clear 
that the Presidential election would be about the direction of the 
Supreme Court for the next generation or maybe even generations. With 
the results of the election--the Republican President and Republican 
Congress--the American people have entrusted us to confirm a Supreme 
Court Justice who will adhere to the rule of law and will not try to 
read between the lines when interpreting legislation or the 
Constitution. With the selection of Judge Gorsuch, I believe President 
Trump has picked such a Justice. The President might not know or 
remember, but George W. Bush nominated Judge Gorsuch to his current 
position, and the Senate confirmed him unanimously by voice vote. We 
went back and looked at the record, and no one voted against him.
  There is no question that Judge Gorsuch is qualified for the Supreme 
Court. He is a graduate of Columbia University, Harvard Law School, and 
Oxford. He clerked for Judge Sentelle of the U.S. court of appeals for 
the DC Circuit. He clerked for Supreme Court Justices Byron White and 
Anthony Kennedy, so he knows the job. There is no need for on-the-job 
training for him.
  He has been in private practice. He has been a principal deputy to 
the Associate Attorney General and Acting Attorney General at the U.S. 
Department of Justice.
  Much like the Justice he has been nominated to replace, Judge Gorsuch 
has become known for his writing style. One of his former law clerks 
said that his ``favorite aspect of the judge's writing is his ability 
to humanize disputes.''
  It appears that Gorsuch has more in common with the late Justice 
Scalia than just writing abilities. He has said that ``assiduous focus 
on text, structure, and history is essential to the proper exercise of 
the judicial function.'' That judicial philosophy has been borne out in 
his record on the Tenth Circuit.
  My home State of Oklahoma is within the Tenth Circuit jurisdiction, 
so we know him very well. Oklahoma is the home of Hobby Lobby. Everyone 
is familiar with what Hobby Lobby is. A lot of people don't realize 
this, but it started out when I was in the State legislature. The 
Greens, who have Hobby Lobby, started out in their garage. At that 
time, they were putting together things that they could frame--
miniature picture frames and that type of thing. With a loan of $600, 
David and Barbara Green began making miniature picture frames.
  Today, Hobby Lobby is the largest privately owned arts and crafts 
store in the world, with over 700 stores in all but three States. They 
are people of faith, and when they were facing fines under ObamaCare 
for not providing certain insurance coverage that violated their faith, 
they were faced with an impossible choice. They took it to court, 
risking millions of personal dollars in doing so.
  In siding with Hobby Lobby against ObamaCare's contraceptive mandate, 
Judge Gorsuch stressed the point that it is not for a court to decide 
whether the owners' religious convictions are correct or consistent, 
but instead the court's role is ``only to protect the exercise of 
faith,'' and the Supreme Court agreed.
  Again, Judge Gorsuch defended the religious beliefs of the Little 
Sisters of the Poor in his dissent of the Tenth Circuit's refusal to 
rehear their case against the Obama administration regarding the same 
mandate that Hobby Lobby was contesting.
  Time and again, Judge Gorsuch has defended religious expressions in 
public space. In addition to defending the First Amendment protections 
regarding the free exercise of religion, he is also skeptical of the 
idea that agencies should be given a wide latitude when interpreting 
statutory language. In a recent opinion, Judge Gorsuch suggested that 
the precedent of the judiciary to give deference to agencies on 
statutory interpretations limits the courts when reviewing the legality 
of agency actions. Gorsuch believes it is for Congress to write the 
laws, the executive to carry them out, and the judiciary to interpret 
them, just as our Founding Fathers intended.
  I look forward to working with my colleagues to move Judge Gorsuch's 
nomination forward. He is going to be confirmed, and he will make a 
great Justice of the U.S. Supreme Court.
  With that, Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Ms. STABENOW. Mr. President, before my colleague from Oklahoma leaves 
the floor, while we disagree on this current debate in terms of voting, 
I just have to say when I see him that I constantly thank him for his 
efforts last year to work with us for the community of Flint. We are 
finding some hope in terms of replacing and addressing the lead 
contamination, and without the distinguished Senator from Oklahoma, 
that literally would not have happened. We have things we disagree on 
and agree on, and this one--coming together with the families of Flint, 
particularly with the children and the water impacts--he will always 
have a warm place in the hearts of all of us who care deeply about that 
issue. I thank my colleague very much.
  Mr. President, I want to speak today about the nomination of Betsy 
DeVos. Betsy DeVos's nomination is very personal to many people who 
live in Michigan because Betsy DeVos is from Michigan, and her vision 
of education and her actions have unfortunately played a major role in 
undermining our public schools.
  Families all across our State can tell the story of her work with 
Michigan

[[Page S708]]

schools firsthand because they have seen it firsthand. They have lived 
it firsthand. They all say the same thing. Democrats, Republicans, 
Independents, people who live in cities that are big and small, parents 
and teachers, principals, and community leaders from across the State--
overwhelmingly, they have told me that Betsy DeVos should not be our 
next Secretary of Education.
  Everywhere I go, I can't believe how people will stop me about this 
and how strongly people feel in Michigan about this. They are saying 
this because, among other things, she has pushed for policies that have 
made charter schools in Michigan less accountable and has taken dollars 
away from public schools where the vast majority of children get their 
education. These are policies that have hurt our children and put their 
futures at risk.
  I have received so many emails and phone calls from people involved 
every which way; at the grocery store, out at public events, people 
come up to me. I just want to share a couple of e-mails.
  Chris is a teacher from Harper Woods and worked as a teacher in the 
Detroit public schools for over 20 years. He wrote: Betsy DeVos 
believes in school privatization and vouchers. She has worked to 
undermine efforts to regulate Michigan charters, even when they clearly 
fail. The marketplace solutions of DeVos will destroy our 
democratically governed community schools. Her hostility toward public 
education disqualifies her.
  Those were Chris's comments.
  In Michigan last year, State legislators put together a bipartisan 
plan, and our State legislature--House and Senate--majority is 
Republican. They put together a bipartisan plan to increase both 
funding and accountability for Detroit public schools.
  There are a lot of wonderful things happening in Detroit. Businesses 
are coming back to Detroit, and economic development is also, but we 
have major work to do for our children and their schools. So there was 
a huge bipartisan effort that came together to increase funding and 
accountability for the public schools, including charter schools. It 
was a commonsense proposal. Betsy DeVos led the effort to stop it, 
particularly the part that brought critically needed public 
accountability for for-profit and nonprofit charter schools.
  Unfortunately, right now in Michigan we have a system where anyone 
can apply to open a charter school. There are no statewide standards 
for revoking the charter, and taxpayer money is sent to them with 
virtually no public disclosure requirement. For example, we have for-
profit charter management companies that say they are private 
businesses; therefore, even though they are getting public money, they 
say they are private businesses, and they should not have to comply 
with a series of disclosure requirements regarding teachers and other 
information that, frankly, parents would want to know and taxpayers 
have a right to know.
  Thirty-eight percent of charters in Michigan are at the bottom 25 
percent of the schools in our State. When you look at the bottom one-
fourth, 38 percent of the charters are in that category, and there is 
unfortunately very little accountability for their performance.
  Sadly, precious taxpayer dollars have been taken away from public 
schools--neighborhood schools--to fund these charters. When it comes to 
funding for public schools, she will not commit to protecting the 
critical Federal dollars that serve our children.
  One mom, Hillary Young from Detroit, came to Washington to watch the 
confirmation hearing on Betsy DeVos in the HELP Committee. She wrote to 
me. She said that she was not impressed and told a group of parents 
afterwards: As a parent I can't stand silently and watch other children 
be subject to similar circumstances to my child in Detroit. My sixth 
grader was without a math teacher for over half the year last year 
because of funding reductions. The effect of DeVos's policies is not 
parents voting with their feet to go to better schools; it is children 
bearing the burden for fixing the education system they are supposed to 
be served by.
  She goes on to say: DeVos's free market school choice system has left 
our city's education landscape in chaos, leaving less choice, less 
quality, and even more government bureaucracy.
  We have seen parents get involved and speak out all across Michigan 
and, frankly, all across the country. I have received more mail, more 
emails, more phone calls on this nominee than any other, and I have 
received a lot on a lot of nominees, but there is a broad outcry.
  People like Kathleen, who is a farmer and a grandmother from 
Farmington Hills, wrote to me: We have 15 grandchildren who are in the 
public school system, and we are terrified that there will be no more 
public schools and that the quality will be far inferior to charter and 
other private schools. I am writing you to respectfully ask that you do 
not vote to confirm Betsy DeVos as Secretary of Education.
  I am deeply concerned about what we heard in committee about her 
views on special education. In the HELP Committee hearing last week, 
she suggested that States should decide on whether or not to enforce 
IDEA, the Individuals with Disabilities Act that has been such a 
landmark, opening doors of schools in every neighborhood across our 
country, for children with disabilities. This law was enacted in 1975, 
and makes sure that children with disabilities have the same 
educational opportunities as other children.
  My nephew Barry, who has now gone through the special education 
system in Michigan, is a wonderful young man with Down syndrome. And I 
have seen personally how important that was for him, to be able to go 
on and be successful in the community as a part of the community. It is 
a very important civil right, frankly, for children with disabilities, 
as well as an essential part of our educational system.

  Betsy DeVos, after her hearing, when she was asked about special 
education, followed up with a letter days later and wrote about 
expanding the conversation about school choice opportunities for 
parents of children with disabilities, but she didn't say anything 
about helping those in traditional public schools or helping students 
in the schools they are in now.
  For me, this is not about politics or partisan messaging or even 
charters or private schools versus traditional public schools; it 
really is about what is best for our children and for our country. 
Families in Michigan and all across the country know this. Tens of 
thousands of people have called me over the last few weeks and sent 
emails and letters. Who we choose to be the Secretary of Education 
doesn't just affect the over 50 million children who attend public 
elementary and secondary schools, it affects the future of our country, 
and it is a fundamental difference in views. A competitive free market 
system, with winners and losers, works in the private marketplace. I 
support that. Business is open. They compete, and if they don't do 
well, they close, or they do very well and they go on and they grow. 
That is a strength in our country. But it doesn't work for educating 
our children because we can't afford losers. We can't afford losers 
when it comes to something as basic as fundamental education and 
creating opportunity for our children in the future. We need to provide 
every opportunity for every child to work hard and succeed.
  I support having choices. I support magnet schools and public 
charters--I did that as a State Senator--as well as other choices that 
are great opportunities for children, if there are equal standards and 
public accountability for taxpayers' dollars so that parents can have 
confidence in that accountability, and if it is part of the public 
school system, the public process, and only if they are in addition to 
quality neighborhood schools in every neighborhood and in every ZIP 
Code. It is not just a slogan to say it shouldn't matter where you 
live, what kind of opportunity you get or that your child has, and that 
is becoming more and more true. It certainly is in Michigan, where this 
philosophy has been a test case, and we are seeing it across the 
country. We can't afford losers. A winners-and-losers system is not 
good enough for our kids.
  Betsy DeVos has a record of working against the vision of 
accountability and standards and choice within a system where every 
child has a quality neighborhood school in their neighborhood in every 
ZIP Code. She has worked against that vision. She doesn't believe in 
it. We have fundamental differences in what will help our children

[[Page S709]]

for the future. That is why I will be voting no on her confirmation.
  Thank you.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, first of all, I wish to thank my friend 
the Senator from Michigan for her comments and her views on this 
nominee.
  I rise today to add my voice to those expressing concern about the 
nomination of Betsy DeVos to serve as U.S. Secretary of Education. The 
chorus of concerns not only comes from those colleagues who have 
already come to the floor last week or earlier today or throughout the 
evening and into tomorrow morning, but it also comes from literally 
tens of thousands of my constituents who have contacted me about Mrs. 
DeVos. I have been flooded with phone calls, emails, and social media 
messages from Virginians all across the Commonwealth, in many ways, in 
numbers that I haven't seen since the debate about the ACA. These 
Virginians worry about Mrs. DeVos's confirmation. They worry about what 
it would mean for our children, our students, and for progress toward 
improving and providing every child with a quality public education 
regardless of their ZIP Code.
  Like many of my colleagues, I bring to the debate some direct 
experience as both a State and local elected official. I had the great 
honor of serving as Governor of Virginia. I was responsible in that job 
for how we were preparing our students for success in college and in 
the workforce. I took that responsibility very personally.
  As somebody who attended good public schools all of my life, as 
somebody who was lucky enough to be the first in my family to graduate 
from college, I realized that I wouldn't have been able to have been 
Governor or, for that matter, obviously, Senator without that 
foundation I received from my education. Those public schools--and I 
had the opportunity to go to public schools in three different States 
growing up, and many of those public school teachers were the folks who 
framed my views about government, about our system, about how we 
actually get through in life.
  I believe in many ways public schools and the whole notion of public 
education really form the cornerstone of what is the social contract in 
America--that getting that basic public education is the right of all 
individuals. When I think back on everything I was able to accomplish 
as Virginia's Governor, the validation I valued the most was that when 
I left the Governor's office in 2006, Virginia was consistently 
recognized by independent validators as the Nation's best State for a 
lifetime of educational opportunity from pre-K to college and beyond.
  So as someone who is committed to reforming and looking at how we can 
make sure our public education can work for all, as someone who spent a 
career before in business and tried working in a philanthropic sense on 
how we could expand educational opportunities, I believe I bring some 
experience to this debate. That is why I stand here today unable to 
support the nomination of Betsy DeVos to serve as Secretary of 
Education.
  To put it simply, Mrs. DeVos's single-minded focus on charter 
schools, on vouchers, and on converting Federal education dollars into 
a different program is simply out of step with the education climate in 
the Commonwealth of Virginia. Let me make clear that I have supported 
public charter schools. I believe they are a tool that ought to be in 
the toolkit. I have taken on those forces who stand for simply no 
reform in education. But I am unconvinced that Mrs. DeVos's complete 
setting of different priorities at the Federal level is in the best 
interest of our students, our teachers, or our public schools. That is 
exactly what I have been hearing from constituents all over the State, 
and I would like to very briefly share some of those concerns I have 
heard.
  Laura from my hometown of Alexandria writes this:

       While many of our . . . President's cabinet picks worry me, 
     none worry me more than Betsy DeVos for Secretary of 
     Education.

  She says:

       I come from rural Appalachia, where [I] worked my way 
     through public school in one of the poorest counties in the 
     country, but that didn't stop me from ending up here in 
     Northern Virginia working for the intelligence community.
       In areas like my hometown, where public schools are the 
     only option, they become the lifeblood of a community. . . . 
     On limited resources, our high school had to get creative 
     about how to provide for the students, often partnering with 
     the local university. But shutting the school down in favor 
     of charters, or adding a for-profit alternative, definitely 
     wasn't an option in my low-income area.

  Another letter from a school administrator from the Shenandoah Valley 
says this:

       At her confirmation hearing it was quite clear she had no 
     knowledge of instruction, curriculum, federal programs and--
     most disturbing--had no understanding of the federal laws 
     that are in place to protect children with disabilities.
       It is a serious business to educate children, and the 
     consequences are huge if we do it wrong.

  Another comment--and again, these are just samples of thousands--is 
from Olivia, a teacher in Williamsburg, who shared this:

       I see so much potential in my students every day, and I 
     feel very energetic as a young teacher about the 
     opportunities that I know our public schools are providing 
     already--and are capable of providing in the future.

  She said:

       I am concerned for my LGBT students, low-income students, 
     and for the future of myself and my colleagues as public 
     school educators trying to do good for our students.

  I have received thousands of similar heartfelt messages from every 
corner of Virginia. I welcome this level of public attention and 
citizen engagement.
  Sometimes, as the President's nominees have come forward, I voted for 
many of them, much to the consternation of some folks. But it is my job 
to weigh, regardless of that public opinion, what I think is best for 
students in Virginia and, for that matter, students across the country.
  With this outpouring from teachers, parents, students, 
administrators, civil rights groups, charter school proponents and 
opponents, and from both sides of the political aisle, I believe it 
does weigh. That is what I have done. I have listened to my 
constituents, but more importantly, I have listened to Mrs. DeVos's own 
words before the Senate HELP Committee, and let me say that I still 
have a lot of unresolved questions after reviewing Mrs. DeVos's 
testimony.
  For starters, Mrs. DeVos did not demonstrate that she understood the 
Individuals With Disabilities Education Act, IDEA. She didn't 
understand that it is actually a Federal law passed by Congress and 
signed by President George H.W. Bush, contrary to the impression Mrs. 
DeVos seemed to have at her confirmation hearing, saying that somehow 
complying with IDEA was simply a voluntary measure. That is not right, 
it is not the law, and, boy oh boy, did that frighten a whole lot of 
parents whose kids have special needs and without IDEA, would not have 
those needs met. They are concerned that Mrs. DeVos's seeming lack of 
familiarity with IDEA is indicative of how, if confirmed, her 
Department of Education would fail to protect the rights of these 
children--and every child--toward a free and appropriate public 
education that allows even kids with special needs to flourish.
  Another area under the Department of Education's jurisdiction where I 
have concerns about Mrs. DeVos's commitment and level of understanding 
is campus sexual assault compliance and enforcement. Since 2014, I have 
been proud to support bipartisan legislation led by my colleagues, 
Senator Gillibrand and Senator McCaskill, the Campus Accountability and 
Safety Act. At the end of last Congress, this legislation had the 
support of more than one-third of the U.S. Senate, as well as a broad 
coalition of advocacy groups, law enforcement organizations, and many 
of our leading colleges and universities. The Department of Education's 
own Office of Civil Rights has also played a very important role in 
initiating and in conducting title IX investigations. So you can 
understand why so many folks, including myself, were concerned when 
Mrs. DeVos did not demonstrate any depth of knowledge about the 
difference of opinion surrounding particular policy issues related to 
campus sexual assault.
  Similarly, when asked about a basic principle of education policy 
related to measuring student achievement, Mrs. DeVos was not able to 
articulate an understanding of the difference between growth and 
proficiency.

[[Page S710]]

  In the same vein--and while this has become the subject of late night 
comedy, I think it is a very serious matter--Mrs. DeVos was not able to 
clearly express her understanding or her commitment to enforcing the 
Gun-Free School Zones Act, which, again, is Federal legislation, also 
signed by President Bush, where compliance is not optional.
  These are fundamental tenets of Federal education policy, not some 
obscure metrics, not small bills that languish in committee or small 
compromises. These are the principles and cornerstones of Federal 
education civil rights policy, and they cannot be more central to the 
Secretary of Education's core responsibilities of safeguarding 
students' civil rights and safety.
  For all of those reasons and others, I am not able to support Mrs. 
DeVos's nomination to be Secretary of Education.
  I know the Presiding Officer has had to hear a number of these 
comments. I hope that if she is not confirmed, the President will send 
down an Education Secretary nominee who brings more mainstream views to 
this very important issue. There are those of us, like me, who are all 
for education reform, but it has to be led by someone who will always 
put the needs of our kids first, and making sure they get a fair and 
appropriate education is guaranteed.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. HEINRICH. Mr. President, I am deeply disappointed by the 
qualifications of President Trump's nominee to be the leader of our 
Department of Education. Betsy DeVos has clearly shown a disregard--
even a hostility--for the public school system. So I stand with the 
thousands of parents, teachers, and students of New Mexico in fighting 
to stop her confirmation.
  Simply put, education is too important to New Mexico children and our 
State's economy to have a Secretary of Education not fully invested in 
the success of our public schools.
  As someone who grew up going to public school, who is sending my own 
kids to public schools, I am deeply troubled by Betsy DeVos's record on 
privatization, which goes well beyond simply voicing support for 
vouchers and private school. Mrs. DeVos has been a key player in the 
well-moneyed effort to privatize and siphon funds away from public 
education, and she has time and again undermined the teachers we all 
rely upon.
  It appears as though Betsy DeVos's most notable experience in 
education is spending her career and her fortune advocating for 
policies that divert public tax dollars away from public schools and 
into private schools. I cannot support a nominee who wants to weaken 
the kinds of public schools that so many New Mexicans rely on.
  The privatization policies pushed by Mrs. DeVos would be especially 
damaging to rural New Mexico, where there are few options to begin 
with. It is not uncommon for students to travel more than an hour to 
get to and from school in those parts of the State. School 
administrators often wear multiple hats, sometimes running the after-
school program or driving the local schoolbus. In rural areas in my 
home State, the public school is often the only choice, and there 
simply aren't enough students to support the kinds of for-profit 
private schools that Mrs. DeVos wants to replace them with.
  Having a Secretary of Education who has spent her entire career 
pushing a privatization agenda is not reassuring to New Mexicans and is 
at odds with the needs of the students and families across my State.
  Further, I do not believe that Mrs. DeVos understands the Federal 
Government's trust responsibility in serving Native American students. 
Given Mrs. DeVos's rushed nomination hearing in the HELP Committee, 
Senators were given very little opportunity to question her about her 
understanding of tribal issues and impact aid. So I am concerned that 
she will push her privatization agenda in these areas as well.
  For example, the Zuni Public School District is a small rural 
district in Western New Mexico. Earlier this week, their school board 
sent me a letter asking that I oppose Mrs. DeVos's nomination. I want 
to take a moment and read a few passage from this letter:

       The beauty of the United States public school system, 
     unlike many in the rest of the world, is that we take 
     everyone who walks through our doors and love every child who 
     sits in our desks, without question.
       This Board therefore stands by all of our students, no 
     matter what color or ethnicity, regardless of their creed; 
     every child who identifies on the spectrum of L,G,B,T, or Q; 
     every child with either a physical or learning disability, or 
     both . . . every child who speaks a second language; every 
     immigrant child as well as every Native American child who 
     can trace their lineage in this land back thousands of years; 
     every child who sees their education as the bridge between 
     their most ardent dreams and their most hopeful futures.

  These are powerful words that I fully support, and I thank the Zuni 
Public School District for speaking out on this matter. We should all 
be this concerned.
  Mr. President, I ask unanimous consent that the entire letter from 
the Zuni Public School District be printed in the Record at the 
conclusion of my remarks.
  During her nomination hearing, Mrs. DeVos demonstrated over and over 
that she is unfamiliar with even basic education issues, and she failed 
to commit to uphold the responsibilities of the Secretary of Education 
to support public schools. Given that Mrs. DeVos has no relevant 
experience as a teacher or school administrator, we should be very 
concerned with entrusting her to enforce key protections under title 
IX, under IDEA, and under other civil rights laws. In particular, Mrs. 
DeVos's lack of commitment to the Office of Civil Rights within the 
Department of Education, combined with the fact that she and her family 
have donated enormous sums of money to organizations that are anti-
LGBTQ, anti-women's rights, and anti-Muslim, is simply troubling.
  The mission of the Office of Civil Rights is to ensure equal access 
to education and to promote educational excellence throughout the 
Nation with vigorous enforcement of civil rights. During her nomination 
hearing, Mrs. DeVos would not commit to continuing the Office's 
policies that are making our college campuses safer by focusing on 
prevention and response to sexual assault. In fact, she has donated 
money to organizations that actually make it harder to prosecute sexual 
assault on our college campuses. As amazing as that sounds, it is true.
  If my Republican colleagues rubberstamp this nominee, they will 
confirm a Secretary of Education who doesn't believe in public schools, 
who will unravel rural education, and who has even worked to make it 
harder to protect women against sexual assault on college campuses. I 
believe that we have a moral imperative to ensure that all students 
have equal protections while attending school. Mrs. DeVos will be a 
massive step in the wrong direction.
  As the members of the Zuni Pueblo wrote to me in their letter, ``our 
children are our most sacred gifts.'' This is what we are voting on 
with this confirmation.
  We need an Education Secretary who is committed to upholding these 
principles. We need an Education Secretary who is committed to ensuring 
that every student has access to quality education, regardless of their 
background or their ZIP code, regardless of their ethnicity or their 
religion, and regardless of their gender or sexual orientation.
  In the last few weeks, my office has fielded thousands of calls and 
letters asking me to oppose this nomination. I have heard from more 
than 8,000 constituents on this one topic alone, many of whom called as 
parents, teachers, and some as students. That is more than any other 
Trump nominee whom we have considered to date. Never has an Education 
Secretary nomination received so much attention and opposition.
  I stand with the thousands of parents, teachers, and students across 
the country, and in my home State of New Mexico, fighting to stop this 
nomination. I urge my colleagues to join me in voting no.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                  Zuni Public School District #89,


                                 12 Twin Buttes Dr., Zuni, NM,

                                                 January 30, 2017.
       To our Honorable Senators and Representatives: We, the 
     Board of Education of Zuni Public School District, ask you to 
     add

[[Page S711]]

     your support as we stand in opposition to the appointment of 
     Betsy DeVos as United States Secretary of Education on the 
     following grounds:
       During her confirmation hearing, Mrs. DeVos demonstrated 
     that she was woefully ill-equipped to head the Department of 
     Education. She has never attended a public school, never 
     taught or administered in a public school, and her children 
     have never attended a public school. She does not hold any 
     degree in the field of education, either in theory, 
     administration, or practice. She has a documented history of 
     promoting a charter and voucher based system that she 
     supported in her home state of Michigan, diverting funding 
     and support away from public education and deserving 
     children. Furthermore, when questioned in her hearing, Mrs. 
     DeVos was unable to explain the difference between growth and 
     proficiency, nor was she familiar with the federal law behind 
     IDEA, two essential and basic aspects of education. As well, 
     Mrs. DeVos advocated in her hearing to allow the presence of 
     guns in schools during an era of rampant mass violence based 
     primarily on the use of guns in schools. Mrs. DeVos has also 
     publicly stated that she sees education as a way to further 
     proselytize for the Christian faith, which would constitute a 
     violation of the Constitutional separation of Church and 
     State in public schools as it would in all federal 
     institutions.
       Our pueblo of Zuni is a small community in a western pocket 
     of rural New Mexico. We are neither a rich district nor one 
     that wields a great deal of political influence. What this 
     Board does represent is a rich, Indigenous tradition and 
     culture that holds high the ideals of hard-work, humility, 
     and integrity. We are an agricultural, peace-loving society 
     that has lived in this land since time immemorial.
       Yet our memory is long. We remember the era during which 
     education was combined with religion to be used as a weapon 
     against the Native peoples of this great nation. We know the 
     trauma such action has caused to reverberate through 
     generations of good, decent Americans We also know the 
     resilience of those same people who, despite the infliction 
     of weaponized education, have come today to see literacy as 
     their American birthright, and to crave that sacred American 
     Dream for which we are all Constitutionally entitled to 
     strive. This is a living medicine and healing that must not 
     be undone through the dissolution of the separation of church 
     and state, one that we must nurture and safeguard for all 
     American children.
       We are reminded during this time that, as you do, we hold 
     publicly-elected positions designed to represent a broad 
     spectrum of constituent. The beauty of the United States 
     public school system, unlike many in the rest of the world, 
     is that we take everyone who walks through our doors and love 
     every child who sits in our desks, without question. This 
     Board therefore stands by all of our students, no matter what 
     color or ethnicity, regardless of their creed; every child 
     who identifies on the spectrum of L,G,B,T,or Q; every child 
     with either a physical or learning disability, or both; every 
     child who speaks a second language; every immigrant child as 
     well as every Native American child who can trace their 
     lineage in this land back thousands of years; every child who 
     sees their education as the bridge between their most ardent 
     dreams and their most hopeful futures.
       We further stand by each parent, guardian, grandparent, 
     sibling, aunt, uncle; every member of kin that builds and 
     holds strong the dream of education for each of our children, 
     knowing as we have always known in Zuni that our children are 
     our most sacred gifts.
       And we, the Board of Education in Zuni Public School 
     District, stand by the teachers, aides, administrators, 
     counselors, liaisons, nurses, secretaries, custodians, cooks, 
     and bus drivers who as their daily work participate in the 
     painstaking and deeply patriotic act of ensuring equitable 
     access to education for all of our students. It is through 
     the diligence and action of just such citizens that this 
     nation is able to deliver unto each new generation of 
     American a passport to the possibility of American success.
       The children, families and hard-working faculties and staff 
     of the American public school system deserve a Secretary of 
     the Department of Education who is most eminently qualified, 
     through both education and experience, to advocate for all 
     Americans: diverse, complex, and brilliant citizens; to work 
     toward the most equitable education for all; and to uphold 
     this cornerstone of our democratic republic.
       It is for these reasons that the Zuni Public School 
     District Board of Education respectfully requests your most 
     passionate and vocal support in opposing the appointment of 
     Mrs. Betsy DeVos. We also ask that you look toward the 
     experienced and qualified education professionals working 
     within the public school system to fill this highest position 
     in the field.
           E:lah'kwa (Thank you) for your representation,
     Zuni Board of Education:
     Mr. Jerome Haskie,
       Board President
     Ms. Stephanie Vicenti,
       Vice Board President
     Ms. Masika Sweetwyne,
       Secretary
     Ms. Bernadette Panteah,
       Member
     Ms. Shelly Chimoni,
       Member.

  Mr. HEINRICH. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. MANCHIN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MANCHIN. Mr. President, I rise to express my concern with the 
nomination of Betsy DeVos as the Secretary of Education.
  The State of West Virginia is a State made up of a lot of small 
towns. We don't have any what you call large metropolitan areas. We are 
an urban rural State. For many communities in West Virginia, our 
schools are more than just classrooms, teachers, and textbooks. Our 
children in West Virginia learn more in their public school than 
reading, writing, and arithmetic. They are the heart of the community 
and a home away from home for most of them. They are a safe place to 
stay after school where no harm will come to them. They are a place 
where nutritional meals are served and health care services are 
provided by trusted school nurses.
  After meeting with Mrs. DeVos and watching her answer questions at 
her confirmation hearing, I have a hard time believing she has the 
qualifications to be the Secretary of Education. I believe in local 
control of education and also that strong public schools are vital to 
our State's future.
  Education is local. Each one of our 55 counties is responsible for 
the financing of the schools. If the counties do not have the 
sufficient funds, we have what we call a school aid formula that 
basically offsets that so that every child in West Virginia will get a 
quality education.
  In my State, charter schools and school vouchers would pull already 
limited public funds and resources from the schools, students, and 
teachers who need them the most and could be harmed and would probably 
be harmed.
  There are some towns in West Virginia with only one school--one 
school only--or where students have to travel for more than an hour on 
a bus to get to the school that has been consolidated. Voucher policies 
would be completely useless in these places. There is no place for them 
to attend.
  In areas where there are a few private schools in my State, a voucher 
program would have devastating effects for public school children. The 
limited dollars that we do have, if you deviate that money whatsoever, 
then basically you are going to have the strain on the public system 
that will not be able to pick it up in the rural areas. There is no 
other way for us to have the funding we need.
  Vouchers will siphon public funding away from our public schools, 
causing them to have to cut resources like teachers, advanced 
coursework, and preschool programs. They often do not pay the entire 
cost of attendance at a private school, making them unusable by low-
income students and families.
  Vouchers also can strip students with disabilities and their families 
of their rights under the Individuals with Disabilities Education Act. 
The most troubling part of that hearing, if you watched it or saw any 
parts of it, was the lack of understanding that every child deserves 
the opportunity for a quality education no matter what his or her 
disabilities may be. That is a responsibility we have as Americans.
  With that, if you have never been in a public school setting, you 
have never attended a public school yourself and have always been 
privately schooled, your children have never attended a public school 
and have always either been privately schooled or home schooled, you 
have probably never been in a setting where you have seen a disabled 
child trying to get the opportunities that other children have, with a 
special aide who is working with them. You can say that is a waste of 
resources. I guess you could say that if it wasn't your child. If it 
wasn't somebody you knew, it would be easy to say that, But just the 
empathy you would have--it would be hard for a person to understand 
that. I believe that is a compelling reason to make me take pause and 
say that I believe we need somebody who has had that diversity, who has 
had that real classroom experience.

[[Page S712]]

  Another thing--never to be in a PTA meeting where you have problems 
with schools. You might have problems with the bus and transportation. 
You might have problems with extracurricular activities or lunch 
programs or a routine study program, where you can sit down with other 
parents and work through these programs. That is something that is hard 
for most of us in West Virginia to ever conceive, that you could never 
be in that position and never have that experience in life. I believe 
communities in West Virginia know our students' needs better than 
someone who never attended or worked in the public school system.
  Many West Virginians have called and written to me expressing their 
concern about Mrs. DeVos. I have a letter I want to read from Diane 
from Marion County, my home county. We have hundreds of letters that 
have come in. Diane writes:

       I am asking you to vote against the confirmation of Mrs. 
     Betsy DeVos as Secretary of Education. As an educator with 44 
     years of experience in public schools, I recognize we have 
     many issues, but I also know we do much that is right for 
     children. Educators no longer simply teach core content. We 
     know that children can only thrive if their social, emotional 
     and physical needs are met. The whole child is now the focus 
     of every teacher, and teaching has become a very difficult 
     but a very rewarding job.
       Educators need and DESERVE a Secretary of Education that 
     knows and understands the tremendous responsibility each of 
     us has accepted. We do not have the time to get the leader 
     ``in step'' with us. We need and DESERVE someone who 
     understands how policies can impact what we are able to do 
     for our children. . . . We need and DESERVE someone who 
     understands the value of academic growth versus proficiency. 
     We need and DESERVE someone who understands how important it 
     is to send food home in backpacks because our children will 
     not eat during a weekend or holiday break.

  I want to stop there and give you a personal experience. When I was 
Governor of the State of West Virginia, I would go around to the 
schools. The school would tell me what was going on in the community. I 
would always go to the cooks because they really had the pulse of the 
school. This was May, and school was getting ready to let out for the 
summer. One of the cooks was crying in the kitchen. I couldn't figure 
out what was wrong. I went back and tried to console her and talk to 
her.
  I said: Can you explain why you are so upset? You are just about out 
for the summer.
  She said: I know these little kids aren't going to eat much this 
summer.
  She wanted to stay and cook through the summer, have all year so the 
kids would have nutrition. That tells you what we are dealing with in 
an awful lot of rural settings.

       We need and DESERVE a leader who knows that almost every 
     teacher utilizes his/her own personal funds to buy pencils, 
     paper, classroom supplies and instructional materials for our 
     students because the budget for what our children DESERVE is 
     not given to us. That is the strain we already have on the 
     system now. If you put any more strain on that by taking 
     funds away makes it almost impossible.
       My request is not politically motivated--my request for you 
     to vote against Mrs. DeVos is about the teachers I work with 
     in Marion County and across WV. One of the pillars of a great 
     civilization is education. Although the American system of 
     education is not perfect, we are still envied by many 
     nations.
       Education is a hope for children of poverty as well as 
     those who have economic security. Please encourage President 
     Trump to seek out a former or current state superintendent of 
     education or a chancellor of higher education or anyone with 
     the knowledge to walk in step with us as we make a brighter 
     future for our children.

  During her hearing, Mrs. DeVos demonstrated a lack of knowledge about 
the basic issues in public education, including the debate about how 
best to measure student progress. She also did not appear to have a 
solid understanding about the amount of student loan debt in this 
country, which is now the second-largest source of consumer debt in the 
United States, surpassed only by home mortgages.
  Not only does she lack the institutional knowledge, but she has no 
personal or family experience with the student loan system or any 
experience running a major loan program like the one she would be in 
charge of as Secretary of Education. This leads me to believe that she 
would be unable to run the program effectively and efficiently.
  What I have said and spoke to other people about--I understand and I 
think most of us have been in Washington long enough to understand how 
the system works. Even though the person would have the greatest of 
intent, the most honorable of intent, wanting to do a balanced job, if 
they never had the experience and they are charged with setting up 
programs that are supposed to incentivize schools, school districts, 
States, those programs are not going to lean to where they have no 
knowledge; those programs will go to where they have the most knowledge 
and in a direction of the policies they believe in. With that being 
said, incentives would go in that direction. When the incentives go in 
that direction, it pulls further resources away from a rural public 
education system.
  At her hearing, Mrs. DeVos failed to recognize that the Individuals 
with Disabilities Education Act is a Federal law protecting access for 
individuals with disabilities to a decent public education and that she 
would be in charge of ensuring that the school implemented the act. No 
child should ever be denied access to the same public education because 
they suffer from a disability. As both a Governor and a father, I can 
never look a parent in the eyes and tell them their child cannot get 
the same education as another child simply because they suffer from a 
disability and it would be too costly for us to do.

  West Virginians need an Education Secretary who has an understanding 
of the needs of all children, including those with disabilities, and is 
committed to ensuring they receive a quality education. A strong 
education is the building block for success for every child and the 
foundation for our country's long-term economic strength. We need an 
Education Secretary that understands the challenges that students, 
teachers, and schools in rural areas face.
  Betsy DeVos has spent her career working in the private school 
system, not investing in and improving the public school system. Much 
of the policies that Mrs. DeVos supports would divert public funds to 
private schools--whether it was intentional or not--strip 
accountability from these schools, and significantly harm the public 
school system in my little State of West Virginia, which is all we 
have.
  It is difficult to speak--and I try not to make it personal because I 
don't believe in the toxic rhetoric that goes on sometimes in this 
room, and it shouldn't in this great Senate Chamber of ours and on the 
Hill. So I know this is probably a good lady who is well-intentioned. 
She just doesn't have that personal experience it takes to grab this 
entire country and understand that we are different. States are 
different. We depend on it. We can't always go in one direction, and 
that is the flexibility. They are saying: Well, we will give you 
flexibility. We need the support from Washington to have the 
flexibility to make sure the children of West Virginia have the same 
opportunities that a child in Pittsburgh, PA, might have in a larger 
school district, one in a metropolitan area that could afford--because 
you don't have all the travel and everything else that is involved--to 
have a charter school.
  In my State, even the legislature couldn't. They looked at charter 
and voucher systems, and they couldn't find a pathway forward because 
of the limited funding and knowing that it would divert. If there is no 
more funding going into it, that means you have to cut the pie more. 
They were concerned about even going in this direction. My legislature, 
in the last 2 years, has flipped completely to a Republican majority in 
both the House and Senate. They are all good people, well-intended. 
They are looking at all these different avenues, but at the end of the 
day, you have to take care of those whom you are responsible for. In 
rural West Virginia, that is a child who might have to ride 1 hour just 
to go to school. I don't know where you would put a charter school. I 
don't know where, with the voucher system, you could send him.
  If we have a problem in deficiencies, that is basically the 
responsibility of the county and the community. It is the 
responsibility of the parents and guardians to be involved. It is a 
responsibility for all of us to speak up. I guess what we are going to 
end up with is all the children with disabilities or children who 
basically do not have the means or a person in their family who

[[Page S713]]

is able to drive them or take them to a special school; they are all 
going to be left, so-called, behind.
  It is just not who we are in West Virginia. I ask for your 
consideration that maybe we can find a Secretary who has the experience 
and understanding and has the real-life experience--they might have 
attended a public school themselves. I am a product--I am sure you are 
a product of public schools. We are a product of the public school 
system, probably, more than likely, rural public school systems. We did 
pretty well with them. People cared. We had to give a little bit and 
make some sacrifices, and we did that. The bottom line was that there 
were no options. We made the best out of what we had. These kids aren't 
going to have options. The majority of kids in West Virginia or 
Oklahoma will not have those options. You better make sure that school 
system you have, a public school in a rural setting, is giving that 
child every opportunity that he and she can excel. Who knows, maybe one 
day they will be sitting in my seat or your seat. I hope so.
  With that, I say I must oppose her achieving the Secretary position 
that President Trump has nominated her for, with all due respect. I 
think I stated my reasons for that. I would hope that people understand 
our rural public schools truly need a champion. We need that champion 
to really step forward and lift us all up.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. MARKEY. Mr. President, I am here this afternoon to stand up to 
one of the most dangerous nominees in President Trump's Cabinet of Big 
Oil, big banks and big billionaires who are going to be populating the 
Cabinet of the United States.
  The Secretary of Education is responsible for a budget that includes 
$36 billion for elementary and secondary education, $150 billion for 
higher education each year. On top of that, the Secretary of Education 
is responsible for more than $1.2 trillion in outstanding Federal 
loans.
  This nominee, Betsy DeVos, would shape the policies and programs that 
affect more than 50 million students across our country. Young people 
may be 16 percent of our population, but young people represent 100 
percent of the future of the United States.
  We need a Secretary of Education who believes that all children 
deserve access to a quality public education, regardless of income, 
race, ethnicity, neighborhood, or disability status. Betsy DeVos does 
not share this commitment to equal opportunity, and she is unqualified 
to serve as Secretary of Education.
  Betsy DeVos has a long and well-documented record of opposing public 
school systems. She has implemented school choice voucher programs. She 
has simultaneously expanded and deregulated charter schools. In 
Massachusetts, we recognize that education is a passport to the job 
opportunities of the 21st century. Massachusetts students at the 4th, 
8th, and 10th grades are No. 1 in America in math, verbal, and science. 
We are No. 1 in math, verbal, and science, 4th, 8th, and 10th grades. 
If Massachusetts were a country, we would be second behind Singapore in 
reading for the whole planet. That is Massachusetts.
  We have a very high percentage of our students who are minorities in 
our home State. I live in Malden. Malden is a city of 60,000 people. 
Malden High School, 2016 graduation class, 28 percent White, 25 percent 
Asian, 24 percent Latino, 23 percent Black, 1 percent Pacific Islander. 
What is our goal? Our goal in Malden--our goal in Massachusetts--is to 
be No. 1. No. 1, not just in the United States but No. 1 in the world. 
We know you can do it if you make a commitment to these kids.
  It is not just our traditional public schools. It is our public 
charter schools, our private schools, our preparatory schools that are 
enormously successful. Many of them are world famous, these high 
schools. People send their children from around the country to go to a 
school in Massachusetts.
  The success of our public charter schools is largely due to very 
strong accountability measures brought about through State regulations 
and rigorous oversight. That is the key to our charter school system. 
It is accountability. It is oversight. It should not be draining money 
out of the charter school system for profits for private corporations. 
It has to be invested in the kids, but Betsy DeVos wants charter 
schools to have less accountability and has fought to keep charter 
schools unregulated across Michigan.
  When the Michigan State Legislature introduced a bipartisan bill that 
would have expanded oversight of charter schools, Betsy DeVos stepped 
in. She and her family donated $1.45 million to State legislators in 
order to strip the helpful oversight accountability language out of the 
bill. That works out to $25,000 a day over the 7-week period the bill 
was being debated. Betsy DeVos and her unlimited funding ultimately 
succeeded in blocking the commonsense accountability legislation. The 
students and families of Detroit were denied the key protections in 
oversight that their schools needed.
  Betsy DeVos's school choice priorities go beyond expanding and 
deregulating charter schools. She has pushed for voucher programs that 
would use taxpayer money, your money, to pay for a child's private 
school tuition. Under a national voucher system, the funding that would 
normally go to local school districts would instead be diverted away 
from public schools toward for-profit, private institutions. In 
addition to the private schools that benefit from a voucher system, 80 
percent of the charter schools in Michigan are run by for-profit 
companies, a much higher percentage than any other State. These 
companies are focused first and foremost on making money. We don't 
allow this to happen in Massachusetts. We have only one goal, and that 
is to be No. 1.
  That money must stay in the school system, especially if you are 
trying to educate a minority population, which is the future workforce 
of our country. That is key. They don't come from the traditional 
backgrounds in many circumstances. The Secretary of Education must 
fight for all children and families, not promote companies seeking to 
profit off the backs of our students. Not even Michigan--the State 
where DeVos and her family money have tried to exert the most influence 
over education policy--has implemented a statewide voucher system. 
Despite spending $5.6 million on a campaign to promote school vouchers, 
the DeVos family failed to amend the Michigan State constitution. If 
Betsy DeVos is allowed to expand her school choice policies across the 
United States, it would be devastating for our students and for the 
future of our country. Her ideas are too extreme. They will not work 
for our students or for school districts in our Nation.
  I also share serious doubts that Betsy DeVos will support all 
students in America. The Individuals with Disabilities Education Act is 
the primary Federal law that ensures that all students in every State 
have access to a free and appropriate public education, regardless of 
physical or mental handicaps, learning or attention disorders. This law 
covers students who are blind, deaf, vocally or mobility impaired, and 
those with autism or ADHD. Congress passed the original form of IDEA in 
1975. It is a bedrock law in our country. Yet when Betsy DeVos was 
asked about it during her nomination hearing before the HELP Committee, 
she stated that States should be responsible for determining how, and 
even if, to enforce IDEA.
  Remember, IDEA goes right to the heart of what we are going to do for 
those kids with disabilities. That is a bedrock law in our Nation. 
States must abide by it. We need a Secretary of Education who 
understands longstanding Federal education law and will commit to 
protecting every student in America because every student deserves the 
guarantee that they can and they will receive a free and appropriate 
public education that is promised and protected by law.
  If this laundry list of efforts to undermine public education wasn't 
enough to cause skepticism about Betsy DeVos's qualifications to be 
Secretary of Education, in her confirmation hearing, Betsy DeVos would 
not commit to keeping guns out of our schools. Her response when asked 
about the issue was: ``I think that is best left to locals and States 
to decide.'' Guns do not belong anywhere near our schools or our 
students and teachers, not in public or private schools, not in 
elementary schools, and

[[Page S714]]

not in our high schools. I am proud to have stood with Senators Chris 
Murphy and Richard Blumenthal on the floor of the Senate for 15 hours 
calling for congressional action on commonsense gun safety legislation. 
As a Senator, the safety and security of Massachusetts' schools, 
neighborhoods, and communities are my top priority.
  Our Secretary of Education has the safety of every student in every 
State in his or her hands, and I do not believe Betsy DeVos is up to 
that job. I do not stand alone in this conclusion that Betsy DeVos is 
unfit to be Secretary of Education. I received tens of thousands of 
letters and phone calls from constituents all across Massachusetts 
urging me to reject her nomination. These come from teachers and 
administrators, the people who work on these issues every day. I have a 
letter here from Todd Simendinger, the principal of Rockport Elementary 
School in Rockport, MA.
  He wrote to me last week and said:

       Senator Markey, as a strong supporter of public education, 
     I ask that you oppose the confirmation of Betsy DeVos as 
     Secretary of Education. We must have a secretary who can 
     commit to supporting every student in all public schools and 
     provide leadership that will help our neighborhood schools 
     succeed. Betsy DeVos's record in education and her 
     performance at the recent confirmation hearing prove that she 
     is the wrong candidate for the job. As a principal, I have 
     spoken with teachers, parents, students, and community 
     members who agree that America's future depends on a strong 
     investment in our Nation's public schools.

  The offices of so many of my colleagues who have spoken on the floor 
already have, like me, received these kinds of letters and messages 
literally on a minute-by-minute basis from our constituents. Their 
passion is born of a deep commitment to ensuring that the very best 
education for all of the children of the Commonwealth can only be 
provided if the standard for that education is high. I commend them, 
and I agree with their concerns. All children deserve that standard.
  So, from my perspective, you cannot have a more fundamental issue 
before us, this privatization of the public school system in America, 
the voucherization of our public school system in America. There is a 
model. It is Massachusetts. We do it right now. We are No. 1 in the 
country. We look over our shoulders at those who are behind us. But it 
is a standard that basically says: We are going to invest in the public 
schools and the charter schools. We are going to make sure they have 
the highest possible standards.
  That is a recipe for ensuring that every child, regardless of their 
national nationality or their income, gets the education they need for 
a portable passport to a global economy for the rest of their lives. 
That has to be our goal. What is happening using the philosophy of 
Betsy DeVos is a failure. It is a proven failure. We already see the 
results. What is happening in Massachusetts, what happens in 
implementing the standards of the laws that we already have on the 
books across our country--it points us in the correct direction.
  So with that, I urge a ``no'' vote on Betsy DeVos and her nomination 
as Secretary of the Education Department.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. MARKEY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.