Over the course of two short years and through quiet regulatory actions, many of which have not garnered many headlines, Secretary of Education Betsy DeVos has loosened accountability for U.S. schools and colleges, putting millions of students at risk of civil rights abuses and fraudulent financial schemes. Through aggressive use of its regulatory authority—including what two judges have found to be misuse—the U.S. Department of Education under DeVos has delayed, watered down, or outright eliminated crucial regulations and guidance in an effort to subvert federal laws that ensure students are treated fairly and receive a high-quality education.1
This issue brief documents these incremental changes and explores their potential harm to students, highlighting the necessity of maintaining public vigilance in oversight of the DeVos agenda. Congress should also consider codifying into law regulations and regulatory guidance that it deems important in order to avoid regulatory pingpong between presidential administrations. Overall, DeVos’ actions amount to a de-emphasis of the federal government’s role in education. The brief organizes these actions into three main categories: attempting to de-emphasize the federal government’s role in oversight of education funding; eliminating key student protections; and weakening accountability for school and college performance.
1. DeVos is de-emphasizing the federal government’s role in oversight of education funding
States are responsible for providing a free public primary and secondary education to all their students. However, the federal government plays a critical role in this effort as well; it levels the playing field, primarily by providing additional funding for, as well as requiring states to fairly fund, all public K-12 schools.