October 26, 2023

While DeVos Drama Took Center Stage, Congressional Republicans Push School Choice Bills

Amid the controversy surrounding Betsy DeVos’s confirmation vote, Republican supporters of school choice are wasting no time and taking action on several bills that have a higher chance of becoming law now than in previous years.

One of the most recent bills, introduced by Rep. Luke Messer, aims to allow low-income children to use Title I funds to attend private or public schools of their choice, if the states approve. This concept of "portability" would enable approximately $14.5 billion in federal funding to follow students, which aligns with President Trump’s goal of establishing a $20 billion federal school choice program.

In addition, a House education subcommittee conducted a hearing on school choice, where Messer expressed his support for the concept. He believes that school choice is about providing equal opportunities to every child, even in an imperfect world. He trusts that parents know what is best for their children and empowering them through school choice is the way forward.

Democrats, who generally support charter schools, remain skeptical about private school choice. Rep. Jared Polis, who founded two charter schools in Colorado, acknowledges the value of choice but emphasizes the need to define the parameters and ensure that the focus remains on benefiting students and families. He also raises concerns about potential limitations on the rights of disabled students and discrimination against LGBT students in private school choice programs.

However, the idea of Title I portability does not have unanimous support within the GOP either. Sen. Tim Scott introduced an amendment during the Every Student Succeeds Act deliberations that aimed to achieve the same goal, but it only received the support of 45 Republicans.

During School Choice Week, the Republican-controlled House and Senate introduced several other bills. Most of these bills were reintroductions of previous proposed legislation.

Sen. Scott reintroduced his "CHOICE Act," which seeks to expand private school options for students with disabilities, children living on military bases, and low-income students in Washington, D.C. He believes that the bill will help unlock the potential of students who would otherwise be left behind. Scott looks forward to working with Education Secretary Betsy DeVos on this bill and other critical issues concerning children’s education. The CHOICE Act would provide startup funds for states to establish private choice programs for students with disabilities and utilize federal funds from the Individuals with Disabilities Education Act to further expand these programs. It would also create pilot programs on certain military bases that offer scholarships for students to attend private schools. The bill clarifies that students previously attending private school would still be eligible for the existing Opportunity Scholarship Program in D.C., as long as their family meets income requirements.

The CHOICE Act has received support from influential figures such as Majority Leader Mitch McConnell and Sen. Lamar Alexander, chair of the Health, Education, Labor and Pensions Committee, who oversaw DeVos’s confirmation hearing.

Other bills that were reintroduced include:

To enhance state tax-credit scholarship programs, a federal tax credit of either $2,250 or $4,500, depending on the individual’s circumstances, could be created. This proposal was put forward by Florida Senator Marco Rubio.

According to a statement, there is a suggestion to completely overturn the current federal law that governs K-12 education, also known as the Every Student Succeeds Act. This would allow states to establish vouchers for all students and would also reverse school lunch standards. Iowa Congressman Steve King is leading this initiative.

It is anticipated that proposals regarding school choice, such as the ones proposed by Messer and Scott, may face opposition from Democrats. Democrats in the Senate still have the ability to filibuster legislation. Additionally, the contentious nomination process of Betsy DeVos has strained relationships on the typically agreeable HELP Committee, which may hinder the formation of a bipartisan package that would otherwise attract Democratic support.

Changes to the tax code, however, could be included in a larger tax reform package, which can be passed through budget reconciliation. This process only requires a majority vote in the Senate, bypassing the need for a supermajority. Republicans have utilized this method earlier this year to overturn certain parts of the Affordable Care Act despite objections from Democrats.

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