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Gov. Lee Backs Trump Plan to Abolish U.S. Department of Education

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Gov. Bill Lee said Wednesday that he’d welcome closing the U.S. Department of Education under President-elect Donald Trump’s administration, adding that states can do a better job of deciding how to spend federal dollars on students.

“I believe that Tennessee would be more capable than the federal government of designing a strategy for spending federal dollars in Tennessee,” Lee told reporters when asked about the prospect.

“We know Tennessee. We know our children. We know the needs here much better than a bureaucracy in Washington, D.C. does,” Lee said.

The Republican governor’s comments come as Trump assembles his cabinet after defeating Vice President Kamala Harris last week to win a second term in office. As of Wednesday, he had not named his choice to be U.S. Secretary of Education.

During his campaign, Trump said one of his first acts as president would be to “close the Department of Education, move education back to the states.” The Republican Party’s platform also calls for shuttering the federal agency, as does the conservative Heritage Foundation’s Project 2025.

Tennessee’s governor called it “a great idea” to dismantle the agency, which was created under a 1979 federal law during President Jimmy Carter’s administration.

“I think the federal bureaucracy that was built into the Department of Education starting in 1979 has created just that: a bureaucracy,” Lee said.

Tennessee has a template for spending federal funds

Trump has not provided a detailed plan for what would happen to federal funding or particular programs if the U.S. Department of Education were shuttered — a move that would require an act of Congress.

Lee suggested that education funding could be distributed to states similar to how Tennessee negotiated a Medicaid block grant waiver program with the first Trump administration, giving the state government more control over how it spent the money.

“We saved Tennesseans a billion dollars in taxpayer money over four years,” Lee said, “and we split the savings with the federal government.”

Federal funds typically make up about a tenth of a state’s K-12 budget. For Tennessee, that amounts to about $1.8 billion distributed to local districts for its public schools, most of which supports students with disabilities, from low-income families, or still learning English.

Lee said Tennessee would continue to spend that money to support its neediest students.

“I think that Tennessee is incredibly capable of determining how dollars should be spent to take care of kids with disabilities, to take care of kids that live in sparse populations, or with English as a second language,” he said.

Asked about the federal agency’s enforcement of civil rights protections — which some have suggested could pivot to the U.S. Department of Justice — Lee said the state would have a role in that work, too.

“The complaint process could and would still exist,” Lee said. “We would make sure that it happens in this state.”

Critics question the state’s commitment to special student groups

Tennessee doesn’t have a very good track record of educating and caring for its students who need significant additional support.

It was one of many states, for instance, that once had laws excluding children with disabilities from public schools. The premise was that those kids would not benefit from a public school education. Before the passage of a 1975 federal law establishing the right to a public education for kids with disabilities, only 1 in 5 of those children were educated in public schools.

Recently, the Tennessee Disability Coalition gave the state a “D” grade on its annual performance scorecard that includes education services.

Students with disabilities comprise a significant part of Tennessee’s public education system.

About a tenth of the state’s public school students use an individualized education plan, or IEP, that’s intended to ensure that the student receives specialized instruction and related services for their disability.

Federal laws protecting students with disabilities would remain on the books even if the education department went away, but it’s not clear how enforcement would work or what would happen to funding. The authors of Project 2025 suggested that funding be turned into something resembling a voucher and given to families.

Federal education funding has been hotly debated in Tennessee

Tennessee has gone further than any other state in recent history in rethinking its relationship with the federal government.

A year ago, after House Speaker Cameron Sexton suggested that Tennessee should look into the idea of rejecting federal funds, a legislative task force spent months studying the feasibility of such an idea.

Citing testing mandates, Sexton had complained of federal strings attached to those dollars. And the governor voiced support for the panel’s work and complained of “excessive overreach” by the federal government.

But some critics said the bigger issue was the U.S. education department’s role in enforcing constitutionally guaranteed civil rights protections for students.

Ultimately, the panel’s Senate and House members disagreed about their findings and issued separate recommendations. The Senate report highlighted the risks of taking the unprecedented step of rejecting federal funding, while the House report recommended taking incremental actions to further explore the idea. Nothing specific happened in the ensuing months.

Sen. Raumesh Akbari, a Memphis Democrat who served on the panel, said the Senate’s conclusions should give the governor pause.

“There are reasons why we have the U.S. Department of Education — to make sure that all kids have the opportunity to receive a public education and to have their civil rights protected,” Akbari said.

She noted that segregated schools existed less than 75 years ago across the nation.

“It’s unthinkable that we would move away from these very sacred and important protections, not just regarding race but gender, children with special needs, the handicapped community,” Akbari said.

Alexza Barajas Clark, who heads the EdTrust advocacy group in Tennessee, said the federal role in education is “to level the playing field for all students,” especially those from rural communities and low-income families or who have a disability.

“Let’s not lose focus about what is at stake,” Clark said. “At the center of every education policy decision is a student.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Department of Education Investigating Tennessee Over School Mask Opt-Outs

The U.S. Department of Education’s Office for Civil Rights (OCR) is investigating Tennessee along with four other states to determine whether statewide prohibitions on universal indoor masking discriminates against students with disabilities.

In a letter to Tennessee’s Commissioner of Education Penny Schwinn, Suzanne Goldberg, the department of education’s acting assistant secretary for civil rights, informed that the investigation would explore if Tennessee’s policy that allows parents to opt out of school mask mandates prevents students with disabilities who have higher risk of severe illness from Covid-19.

Gov. Bill Lee issued Executive Order No. 84 earlier this month allowing Tennessee parents to opt their child out of school mask mandates regardless of school districts policy. 

Goldberg said OCR is concerned that this policy may be preventing schools from meeting their legal obligations not to discriminate based on disability and to provide equal educational opportunities. 

“The Department has heard from parents from across the country — particularly parents of students with disabilities and with underlying medical conditions — about how state bans on universal indoor masking are putting their children at risk and preventing them from accessing in-person learning equally,” U.S. Secretary of Education Miguel Cardona said in a press release. “It’s simply unacceptable that state leaders are putting politics over the health and education of the students they took an oath to serve.

“The Department will fight to protect every student’s right to access in-person learning safely and the rights of local educators to put in place policies that allow all students to return to the classroom full-time in-person safely this fall.” 

Following the announcement of the investigation, Tennessee Senator Raumesh Akbari who represents the Memphis area, urged Lee to rescind his executive order.

“Gov. Bill Lee’s administration should immediately suspend its order negating local mask rules in schools until this federal investigation concludes,” Akbari said. “All our students, including those who have underlying health conditions, deserve access to safe learning conditions.”

Other states being investigated include Iowa, Oklahoma, South Carolina, and Utah. 

This comes days after a class action lawsuit was filed against Gov. Bill Lee and Shelby County alleging that allowing students to opt out of the mask mandate violates the Americans with Disability Act. 

The plaintiffs, two Shelby County families, claim that Executive Order No 84 forces parents of children with disabilities “to make the impossible decision of deciding whether to pull their children out of in-person learning or risk severe reactions or death as a result of COVID-19.” This is a “brutal choice,” the lawsuit reads. 

“Excluding children from the public school classrooms because of a disability is precisely the type of discrimination and segregation that the ADA and its amendments aim to prevent and specifically prohibit,” the lawsuit reads. 

The plaintiffs are asking the court to block the governor from enforcing Executive Order No. 84, while requiring Shelby County to enforce the countywide mask mandate in schools. 

Read the full complaint here

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