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CQ Roll Call: Education Nominee DeVos Clarifies Stance on Disability Law


Betsy DeVos, President Donald Trump’s pick for Education secretary, is fighting back against allegations that she is not familiar with a federal law requiring public schools to provide services to help educate children with disabilities.

In a Jan. 24 letter to Sen. Johnny Isakson, R-Ga., DeVos said she was “committed to enforcing all federal laws and protecting the hard won rights of students with disabilities.”

DeVos’ stance on the Individuals with Disabilities Education Act has become a critical issue ahead of a scheduled Jan. 31 vote by the Health, Education, Labor and Pensions Committee on her nomination.

In her letter, released by Isakson’s office, she praised the law for being a “wonderful example of what happens when parents are regarded as full partners in their child's educational decision-making.”

Democrats and advocacy groups criticized DeVos for appearing confused about the law at her Jan. 17 hearing. One of those groups, Change.org, is circulating a petition asking the Senate not to confirm Devos. During questions by Sen. Maggie Hassan, D-N.H., DeVos did not directly address whether she would implement the law, but rather promoted her pet issue of helping parents send their children to the school of their choice, whether public, private or charter. 

Sen. Tim Kaine, D-Va., also asked DeVos whether all schools receiving federal funding should be held to the same standards in the IDEA law.

DeVos replied that it's a matter best left to the states, prompting Kaine to respond that IDEA is a federal law.

“I think all schools that receive federal funding, public charter, or public, should be required to meet the conditions of the Individuals with Disabilities and Education Act,” Kaine said a few moments later. “Do you agree with me or not?”

DeVos said it was worth a discussion, but the rest of her answer cut off by Kaine, who noted he had only five minutes to question her.

That exchange was part of the reason Kaine announced he will oppose DeVos’ nomination.

“She demonstrated little understanding of — or support for — the primary fundamental law regarding education of kids with disabilities,” Kaine said in a statement.

Two days after her hearing, DeVos met with the National Down Syndrome Society. In a Facebook post, the group, which had expressed deep concerns about her answers at the hearing, applauded DeVos for her willingness to have a frank and open conversation about the issues.

“Ms. DeVos assured us that she will protect the rights of students with disabilities under IDEA and she committed to working with our organization and other disability groups on policies affecting students with disabilities if she is confirmed,” the group said in the post.

Isakson, who served on the Georgia Board of Education and whose wife was a special education teacher, said he had spoken to DeVos about the IDEA law.

“I am very pleased to see that she has followed up on our conversation with this letter that clearly outlines her priorities and dedication to educating and protecting the rights of all students with disabilities,” he said in a statement Wednesday.