Washington Update, December 9, 2024
Dear Colleagues:
I hope you all had a wonderful Thanksgiving and enjoyed time with family and friends. I’ve recently returned from Europe, refreshed and ready to dive back into the ever-evolving education landscape. With so much happening at the federal level, I wanted to share updates on key developments shaping education policy. From the nomination of Linda McMahon as Secretary of Education to Senator Bill Cassidy’s plans to prioritize dyslexia reform and school choice as the new chair of the HELP Committee, these changes could significantly impact our work, particularly in special education and higher education. Below, you’ll find a summary of these updates (and more!) and their potential implications.
Let’s get to it.
1.So, Who is Linda McMahon?
Donald Trump has nominated Linda McMahon, a former business executive and head of the Small Business Administration, to lead the U.S. Department of Education. McMahon’s limited education experience and focus on business-driven priorities have drawn comparisons to Betsy DeVos. However, her policy emphasis appears to center on workforce development and higher education reform, with less engagement in divisive cultural debates.
McMahon has championed expanding apprenticeships, increasing Pell Grant eligibility for short-term credential programs, and supporting alternatives to traditional four-year degrees—priorities aimed at aligning education with workforce demands. Her strong support for school choice and charter schools raises concerns about resource shifts away from public schools, which provide the majority of special education services. For higher education, her leadership of the America First Policy Institute hints at policies targeting diversity, equity, and inclusion initiatives and foreign influence on campuses.
For faculty in special and higher education, McMahon’s priorities remain unclear. She has not addressed IDEA compliance, teacher shortages in special education, or the rising costs of supporting students with disabilities. While her business background suggests strong management skills, critics worry about her understanding of federal mandates that directly impact vulnerable students and underfunded programs. Her regulatory agenda is expected to focus on scaling back Biden-era student debt initiatives, revisiting Title IX rules, and promoting school choice policies.
Supporters argue McMahon’s business acumen and focus on innovation could bring fresh ideas to education, while detractors caution that her approach may sideline critical supports for underserved students. For those in special and higher education, the central question is whether her leadership will strengthen the resources and inclusivity essential to meeting all students’ needs.
2. Senator Cassidy Lays Out Priorities as Chairman of HELP
Senator Bill Cassidy (R-LA), the incoming chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee, has made it clear he intends to place a stronger emphasis on education. Speaking to education advocates, Cassidy remarked, “We are the Health, Education, Labor and Pensions Committee, so we should do a little more on education. And that’ll be an emphasis of mine.”
A key focus for Cassidy is redefining how dyslexia is addressed in education policy. He plans to reintroduce the 21st Century Dyslexia Act, which he first proposed in the 118th Congress. The bill seeks to separate dyslexia from the broader category of specific learning disabilities (SLD) and provide it with its own definition. Cassidy believes this change will ensure that students with dyslexia receive targeted services tailored to their specific needs, rather than being grouped under generalized SLD services.
Senator Cassidy is also a vocal advocate for school choice, co-sponsoring the Educational Choice for Children Act. While this bill falls under the jurisdiction of the Senate Finance Committee due to its tax implications, Cassidy’s support signals his broader commitment to expanding educational options for families.
As chair, Senator Cassidy has pledged to hold more education-focused hearings and oversee the confirmation of cabinet-level nominees, including leadership positions for the Departments of Education, Health and Human Services, and Labor. His leadership will likely shape key education policy debates in the 119th Congress, with a focus on dyslexia, education reform, and strengthening federal oversight in these critical areas.
3. Trump Administration Expected to Reverse Biden Era Student Debt Relief Efforts
President-elect Donald Trump is expected to reverse President Biden’s student debt relief efforts, which aimed to ease financial burdens for millions of borrowers. Trump’s team is exploring ways to unwind Biden-era initiatives, including the stalled SAVE plan, which capped payments at 5% of income and offered accelerated forgiveness timelines. Critics have called these programs overly costly and legally questionable, while Trump has labeled them “unfair” during his campaign.
Under Biden, nearly $175 billion in student loans were forgiven through expanded programs for public service workers and those misled by schools. However, ongoing legal challenges have left millions of borrowers in limbo, complicating repayment transitions. Trump’s team plans to replace Biden’s policies with alternative repayment options, though operational hurdles and borrower confusion are expected.
Linda McMahon, Trump’s nominee for Education Secretary, has supported scaling back Biden’s initiatives while focusing on workforce-aligned education reforms. Trump’s second-term student loan agenda is less clear, but his past proposals include capping payments at 12.5% of income and discharging balances after 15 years. Significant changes may also come from Congress, where Republicans have floated proposals to limit federal graduate loans and hold colleges accountable for student defaults.
4. News from the Department of Education
Education Secretary Miguel Cardona has called on states and school districts to create clear policies around cellphone use in schools. He emphasized that these policies should be research-based and tailored to the unique needs of each community, with input from parents, educators, and students.
The guidance follows a broader push to address concerns about student performance and the impact of social media on youth mental health. While acknowledging the need for local decision-making, Cardona highlighted the importance of balancing restrictions with safety considerations, such as how phones can be used during emergencies.
The National Parents Union welcomed the effort but stressed the need for Congress to tackle social media’s broader harms, advocating for the passage of the Kids Online Safety Act. Parents have raised concerns that banning phones outright could limit critical communication during crises, underscoring the need for thoughtful, nuanced policies.
Next, in response to Executive Order 14110: Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Department of Education’s Office for Civil Rights (OCR) has released a new resource to help ensure compliance.
This guidance focuses on the responsible and equitable use of artificial intelligence in education, with a particular emphasis on its impact on vulnerable and underserved populations. It outlines the legal standards OCR uses to evaluate potential discrimination and provides examples of scenarios that could trigger an investigation. The goal is to support schools and institutions in using AI responsibly while safeguarding civil rights.
Additionally, the U.S. Department of Education has released a new resource, Supporting a Diverse Educator Workforce to Strengthen Teaching and Learning, offering strategies and resources to help state and local education agencies promote diversity in the teaching profession. The guidance highlights research linking a diverse educator workforce to improved student outcomes and provides actionable steps and funding sources to support these efforts.
State and district leaders are encouraged to work collaboratively with local partners to analyze diversity data among students, teachers, and school leaders, identify barriers to building a more diverse workforce, set clear and public diversity goals, and create strategic plans to achieve them.
This guidance is non-regulatory and serves as a resource to strengthen existing efforts without introducing new legal requirements.
Lastly, the Office of Special Education and Rehabilitative Services (OSERS) and the Office of Elementary and Secondary Education (OESE) have released joint guidance on using functional behavioral assessments (FBAs) to support students whose behavior interferes with learning.
FBAs as you know are evidence-based tools that help identify the underlying causes or triggers of a student's behavior. These assessments are designed to guide the development of effective strategies to support students in the classroom. The guidance aligns with the Elementary and Secondary Education Act (ESEA) and the Individuals with Disabilities Education Act (IDEA), emphasizing collaboration as a cornerstone of effective student support.
While FBAs have historically been used to assist students with disabilities, their application has expanded to include any student—regardless of whether they receive services through an individualized education program (IEP). This approach ensures broader access to behavioral supports that promote a positive learning environment for all students.
5. In the States: Efforts to Expand School Choice Gain Momentum
Efforts to expand school choice programs, including taxpayer-funded private school vouchers, are gaining momentum across the country despite mixed reactions from voters and educators. States like Texas, North Carolina, and Tennessee are advancing major initiatives to provide scholarships for private education, often facing strong resistance from teacher unions and public-school advocates who argue these programs divert resources from public schools.
In Texas, Gov. Greg Abbott has secured support in the state legislature to revisit a universal school voucher program, framing it as a response to growing demand for educational options. Similarly, North Carolina recently overrode a gubernatorial veto to expand its private school scholarship program, committing significant new funding. Meanwhile, Tennessee lawmakers are reintroducing a school choice bill, adding incentives like teacher bonuses and public-school funding to broaden support.
While proponents highlight the popularity of these programs among families, critics warn of potential backlash, particularly in rural and suburban communities where access to private schools is limited. Concerns also persist about the equity of subsidizing wealthier households through broad voucher programs.
Teacher unions have vowed to challenge these measures through advocacy and legal action, emphasizing the importance of protecting public education funding. However, with growing legislative support and significant campaign investments from school choice advocates, states are likely to remain key battlegrounds in this ongoing debate over education policy.
This was a long one, thank you for sticking with me.
Wishing you all a wonderful week, its cold here, I hope you are staying warm!
Until next time see you on X! And soon…BlueSky! Thank you to everyone for that recommendation.
Kait
@brennan_kait
Have a question about Washington Update? Want to talk advocacy or policy? Schedule a visit? Lets grab a virtual coffee: kbrennan@kbstrategies.org
