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Senate Overturns Obama-era Education Regulation that Undermined Local Control of Schools

Sends to president’s desk resolution affirming that Congress writes the laws—not the Department of Education

March 9, 2017

WASHINGTON, D.C. — The Senate today voted for local school boards over a National School Board and affirmed that Congress writes the law, not the Department of Education. The Senate sent to President Trump’s desk a resolution to rescind the department’s final regulation for implementing the accountability provisions of the Every Student Succeeds Act.

The resolution that now heads to the president’s desk was led by Senate education committee Chairman Lamar Alexander (R-Tenn.) and nine Republican senators.

Senator Alexander (R-Tenn.) said: “The issue before us was whether the United States Congress writes the laws or whether the Department of Education writes the laws. Under Article I of our Constitution, the United States Congress writes the law, and in at least seven cases this Education Department regulation directly violated the Every Student Succeeds Act law passed just 15 months ago. And in at least 16 other cases, the regulation did something that the Congress did not authorize it to do.”

He continued, “And this resolution is also on a subject that’s very important to this Congress – whether there should be a national school board or a local school board. That decision was made in 2015 when 85 senators voted for the bill to fix No Child Left Behind that the Wall Street Journal said was ‘the largest devolution of federal control to the states in a quarter-century.’ Congress reversed the trend toward a national school board and restored control of classrooms to states, teachers, and parents. So, today’s vote is a victory for everyone who was fed up with Washington telling them so much about what to do about their children in 100,000 public schools, and I look forward to President Trump’s signature of this resolution.”

Senate Majority Leader Mitch McConnell (R-Ky.) said: “As a co-sponsor of this measure, I am proud the Senate voted to end an Obama-era regulation that was simply unacceptable for America’s students and educators. States are supposed to be the leaders on core curriculum and decisions on how to best meet the needs of their students — not Washington bureaucrats. The repeal of this regulation will help restore that process. Thanks to the Congressional Review Act, we capitalized on the opportunity to move past this overreaching regulation to ensure the ideals of the Every Student Succeeds Act (ESSA) are upheld, and I commend Senator Alexander for his leadership on this issue.”

Senator Tom Cotton (R-Ark.) said: “I’m glad to see Congress push back against this federal overreach. Now states and local communities can decide how best to educate their children.”

Senator Mike Enzi (R-Wyo.) said: “Last Congress, members from both sides of the aisle came together to pass a new education law that overhauled No Child Left Behind and brought control of our children’s education back where it belonged, with states and parents. But this regulation from the Department of Education flies in the face of those changes, clearly violating the law. I am glad that Congress took action to stop this regulation in its tracks, because it is states, not the federal government, that should be in charge of school accountability.”

Senator John McCain (R-Ariz.): “A major highlight of the bipartisan ESSA bill returned power over education decisions back to where it belongs – schools, teachers and parents. The Obama administration’s accountability regulation undermined this important law by enabling federal bureaucrats to once again tie the hands of states with mandated education policies. I’m glad the Senate acted today to eliminate this burdensome regulation, uphold the intent of the law, and ensure that states and parents in Arizona and around the country have the final say on what is best for their children’s’ future.”

Senator David Perdue (R-Ga.): “In the past year, we have made significant progress in reducing Washington’s control of our schools and this regulation undermines this effort. One-size-fits-all education standards have failed our students and what we are seeing here is a bureaucratic attempt to retain control over accountability standards. We are acting immediately to stop this regulation and ensure accountability standards remain under the purview of states and not with the federal government.”

Senator Pat Roberts (R-Kan.) said: "I have made it clear that our children receive the best possible education when decisions are made at the local and state level. ESSA was written to restore responsibility to states for their local schools by providing increased flexibility to design and implement their education programs. Unfortunately, the Obama Administration blatantly ignored both the spirit and intent of ESSA when drafting the accountability regulation. I’m pleased the Senate has passed this resolution to ensure that these key education decisions are made by states instead of the federal government.”

Senator Roger Wicker (R-Miss.): “By cutting this red tape, we would remove Washington bureaucrats from the classroom and empower states, local education agencies, teachers, and parents to make the best decisions for students, both in Mississippi and across the country. I applaud my colleagues who join me in working to reverse this regulation.”

Original cosponsors of the Congressional Review Act resolution led by Chairman Alexander (R-Tenn.) and passed by the Senate today are Majority Leader McConnell (R-Ky.) and Senators Cassidy (R-La.), Cornyn (R-Texas), Cotton (R-Ark.), Enzi (R-Wyo.), McCain (R-Ariz.), Perdue (R-Ga.), Roberts (R-Kan.), and Wicker (R-Miss.).

WASHINGTON, D.C.U.S. Senate Majority Leader Mitch McConnell (R-KY) made the following remarks on the Senate floor today regarding Supreme Court nominee, Judge Neil Gorsuch:

“Since his nomination to the Supreme Court was announced, Judge Neil Gorsuch has received extensive praise from former colleagues, the legal community, and editorial boards, among many others. It’s praise that’s come from across the political spectrum too. Even many on the Left can’t help but compliment Judge Gorsuch’s credentials, including former President Obama’s own legal mentor who called him ‘brilliant’ and his former acting solicitor general who applauded Gorsuch’s ‘fairness and decency.’

“This week we add to that lengthy list of supporters with more than 150 of Judge Gorsuch’s former classmates at Columbia University. As they note, these alumni have followed an array of post-graduate pursuits: they are CEOs and stay at home parents, professors and lawyers, entrepreneurs and scientists. They come from different socio-economic and ethnic backgrounds, practice different faiths, reside in different parts of the country, and hold diverse political views.

“Even so, each of these Columbia grads can agree on at least one thing: Neil Gorsuch’s fitness to serve on the Supreme Court. Let me share with you from the letter they just sent to the Judiciary Committee.

“‘At Columbia, Neil Gorsuch notably distinguished himself among his peers. He was a serious and brilliant student who earned deep respect from teachers and students alike. With an encyclopedic knowledge on a staggering array of subjects, he could be counted on for his insightful, logical and well-reasoned comments. He carried a full and challenging course-load, finishing in three years and graduating Phi Beta Kappa.’

“The letter continues:

“‘The hallmark of Neil Gorsuch’s tenure at Columbia was his unflagging commitment to respectful and open dialogue on campus.’

“‘Despite an often contentious environment, Neil was a steadfast believer that we could disagree without being disagreeable. To be sure, he could deliver a devastating argument, laden with carefully researched facts and presented in a crisp and organized manner. Yet he was always a thoughtful and fair-minded listener who would not hesitate to re-evaluate his own beliefs when presented with persuasive arguments. His amiable nature, good humor and respect for differing viewpoints was admired and appreciated by all.’

“It was clear even years ago, they say, that the ‘intellect, academic record, and character’ of their classmate Neil Gorsuch was, quote, ‘so special’ that ‘there was a shared sense that he was poised for a meaningful and purposeful future.’ How right they were.

“Judge Neil Gorsuch is exceptionally qualified to serve on the Supreme Court. He has, as I just noted, an ‘encyclopedic knowledge on a staggering array of subjects … with insightful, logical and well-reasoned comments.’ He’s a ‘humble man with no appetite for self-promotion.’ And he’s ‘an upstanding person’ with ‘unyielding integrity, faith in our institutions and unfailing politeness. Those are the words of his former classmates, and they are the qualities that we expect in a Supreme Court Justice.

“Regardless of political leanings, we all should understand the importance of confirming justices who will interpret the law as written, not misuse their office to impose their own views as to what, in their mind, should have been written instead. We should understand the importance of confirming justices who will apply the law equally to all Americans, not rule based on their empathy for certain groups over others.

“I am confident that Judge Gorsuch is more than prepared to meet these critical standards. It’s the type of judge he’s been on the federal court of appeals. It’s the type of justice he will be in on the high court too. That’s why we continue to see recommendations for Gorsuch flooding in from people of all backgrounds and all political views.

“In the coming weeks, I’m sure the support for Judge Gorsuch will continue to grow. And I know we’re all eager to hear from the Judge himself when he goes before the Judiciary Committee later this month. When he does, I hope colleagues on both sides will show him the fair consideration he deserves — the same fair consideration we showed to all four of the Supreme Court nominees of Presidents Obama and Clinton after they were first elected — a respectful hearing followed by an up-or-down vote.”

WASHINGTON, D.C.U.S. Senate Majority Leader Mitch McConnell (R-KY) made the following remarks on the Senate floor today regarding President Trump’s nominee for CMS Administrator, Seema Verma:

“This week, the House unveiled its bill to repeal and replace Obamacare and began consideration through the committee process. It’s an important step toward keeping our promise to the American people. And it not only repeals and replaces Obamacare, it includes the most significant entitlement reform in a generation and provides needed tax relief to American families and health-care consumers.

“Here in the Senate, we can take another critical step towards stabilizing the healthcare market with consideration of the nominee to lead the Centers for Medicare and Medicaid Services, more commonly known as CMS. We have the opportunity today to advance an extremely qualified nominee to oversee some of our nation’s most important health-care programs.

“Seema Verma has a deep health policy background. She’s a reformer with a proven record of success. And not only does she have an unparalleled grasp of the complex fiscal and policy challenges facing the agencies she’ll be charged with overseeing, she also understands the states and consumers she will be serving.

“She’ll be the first to tell you that the sooner we can fulfill our promise to repeal and replace Obamacare, the sooner CMS can get out of the Obamacare business and back into the Medicare and Medicaid business. She understands that Obamacare’s raiding of Medicare was wrong — and her experience developing creative solutions will help protect Medicare for generations to come. She knows the burdens that Obamacare placed on state Medicaid programs remain unsustainable — and her experience reforming and modernizing state-level Medicaid programs will help lower the staggering costs that the Obama Administration shifted onto states.

“Medicaid expansion has been devastating to Kentucky's state budget, costing Kentucky taxpayers nearly $74 million this year; that’s more than double the amount originally projected. Even worse, we have seen little improvement in health outcomes. The current system is too expensive and fails to address the real health problems in Kentucky. Ms. Verma has been instrumental in helping states like mine navigate these incredibly difficult challenges.

“The proposed Medicaid waiver she helped craft for Kentucky with our governor, if approved, is expected to ensure quality care for those who need it while saving Kentucky taxpayers more than $360 million.

“So her expertise is going to be invaluable as we continue fulfilling our promise to the American people. As we move to repeal and replace the unworkable, partisan Obamacare law and return authority to the states, my hope is that Ms. Verma will be able to focus more time and attention than her recent predecessors to the core functions of the agency — strengthening Medicare and Medicaid.

“She’s particularly well-qualified to lead this agency. She has a proven record of success. She’s got the skill and the drive to make positive reforms too. I can hardly think of anyone better for the job. I urge colleagues to join me in voting to advance her nomination today.”