Tag: McMahon

  • Senate vote finalizes Linda McMahon as education secretary

    Senate vote finalizes Linda McMahon as education secretary

    Linda McMahon was narrowly confirmed along party lines as President Trump’s secretary of education in a 51-to-45 Senate vote late Monday afternoon and sworn in shortly after at the Department of Education building.

    All eyes are now on the White House as educators, policy experts and advocates anxiously wait to see if Trump will sign a controversial but highly anticipated executive order to abolish the very department McMahon has been confirmed to lead.

    The president and his allies have promoted the idea of dismantling the 45-year-old agency since the early days of his campaign for a second term, saying the department has grown too big and interferes in matters best left to local and state authorities.

    But the idea isn’t entirely new, nor would it be easy to implement. It would require legislative support, as the department’s existence is written into statute. Shuttering it would require a majority vote in both houses of Congress.

    “We can expect there to be a bit of a panic when the order comes out,” Emmanual Guillory, senior director of government relations at the American Council on Education, told Inside Higher Ed.

    It remains unclear to observers what mechanisms the Trump administration would use to close the department, however.

    “This will all depend on what dismantling the department truly means,” Guillory said. “I believe that the executive order would be somewhat broad, like we’ve seen [in the case of the diversity, equity and inclusion orders], and it will give the department the opportunity to refine the details.”

    Still, Trump has continued to promote the concept, and red states across the country have backed it. Chatter about the executive order began circling just days after he took office in January, and the plans were confirmed by multiple news sources in early February, though specifics were still unclear.

    Since the plans were leaked, Trump himself has publicly confirmed his intention to dismantle the department, although he did not disclose specific details on how he would do so.

    Guillory believes that much like when Republicans have tried to get rid of the department in the past, they will lack the congressional votes needed to officially do so. But Trump could keep the skeleton of the department and move its core functions elsewhere, he said.

    “Our thinking, because we’ve seen this before, is that likely a lot of the functionality of the department would get placed at other agencies, but we would be curious as to what functions would be terminated entirely,” he said. “That would cause the most concern for our members … Will those things simply be moved to another agency, or will some of those things not?”

    There are certain functions that are protected by the Higher Education Act of 1965, Guillory said. “The department legally would not necessarily be able to just terminate student aid programs, for example.” But he still worries the transition of oversight from one department to another may not be seamless.

    Shortly before the vote began on Monday, the Senate minority leader, Chuck Schumer of New York, made the Democrats’ stance on McMahon’s nomination clear.

    “Before colleagues vote on Linda McMahon’s nomination for secretary of education, they should remember a vote for Mrs. McMahon is a vote for draconian cuts to education … That’s why I am so proud that every Democrat will vote no,” he said.

    Other democratic lawmakers warned during floor comments on Thursday that McMahon’s confirmation, and the major department-level changes she’s backed, could risk the future of the department.

    Senator Gary Peters of Michigan said the country needs a secretary of education “who values and respects public education.”

    “Instead of working to protect funding,” he said, “she’s blatantly supported efforts to dismantle our education system.”

    For more background on what senators have said about McMahon, check out Inside Higher Ed’s live blog from her confirmation hearing, or read the five key takeaways.

    Senator Alex Padilla of California noted the cuts that have already been made to more than 100 departmental research contracts and countless nonpartisan career staff members.

    “They’re making it clear that this is just the beginning,” he said. “We could talk about Linda McMahon’s qualifications, or frankly lack thereof, but I’m not shocked, because President Trump isn’t looking for someone with the background or commitment to public education in America. He’s looking for someone to destroy it.”

    Although no Republicans commented Thursday, they voted unanimously to confirm McMahon in Monday’s vote (Republican senators Shelley Moore Capito of West Virginia and Cynthia Lummis of Wyoming were not present for the vote. Two Democrats were also absent). The majority leader, Senator John Thune of South Dakota, spoke in support of McMahon before the final confirmation.

    “Mrs. McMahon is an accomplished businesswoman and public servant,” he said. “I’m glad that Mrs. McMahon plans to work in a way that empowers those closest to the student, because they are in the best position to do what’s right for that student … I look forward to working with Mrs. McMahon to limit bureaucracy, empower state governments and let good teachers do what they’re best at.”

    Top Agenda Items

    Guillory expects McMahon to pick up accreditation policies as one of the first issues up for discussion.

    He also is expecting the new secretary to prioritize rethinking and potentially amending the financial value transparency and gainful-employment rule, a policy initiated by the Biden administration to better hold higher ed institutions accountable for students’ outcomes. A lawsuit was filed against the regulation in 2023, but federal judgment has been put on pause to allow the new administration’s Education Department to determine its position on the policy.

    It still remains unclear whether Trump will try to protect the gainful-employment rule or repeal it and drop the case, but Guillory has been encouraged by the line of communication between the department and higher ed leaders on the topic.

    “They’ve been really good about listening to and hearing from our members directly on some of the issues that they’ve experienced while they were reporting [financial transparency data] and they are really trying to get feedback on how can we make this better,” he said.

    Other topics of focus for McMahon will likely include expanded details on Trump’s enforcement of Title IX; his diversity, equity and inclusion orders; and the freeze of applications to income-driven repayment plans for student loans, Guillory said.

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  • McMahon confirmation as education secretary advances to full Senate

    McMahon confirmation as education secretary advances to full Senate

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    Linda McMahon’s nomination for U.S. secretary of education advanced Thursday with the approval of the Senate Health, Education, Labor and Pensions Committee, which voted 12-11 along party lines.

    “We need a strong leader at the department who will get our education system back on track, and Ms. McMahon is the right person for the job,” said HELP Chair Bill Cassidy, R-La., before the vote.

    McMahon appeared before the committee Feb. 13 for a 2 ½ hour confirmation hearing where she spoke of her priorities for expanding school choice and skills-based learning, providing more decision-making power to local schools and parents, and protecting students from discrimination and harassment. 

    She also talked about her openness to making sweeping changes at the U.S. Department of Education, including moving programs like special education oversight and civil rights investigations to other federal agencies.

    We are failing our students, our Department of Education, and what we are doing today is not working, and we need to change it,” McMahon said at the time. McMahon formerly served as administrator of the Small Business Administration for two years in President Donald Trump’s first administration. She was previously president and CEO of World Wrestling Entertainment.

    Trump and the temporary Department of Government Efficiency, or DOGE, have already made major alterations to Education Department activities, including by attempting to freeze funding to states, canceling research contracts, halting diversity, equity and inclusion funds and programming, and calling for the end of “radical indoctrination” in K-12 schools.

    Trump has also said his goal is to close the Education Department — a move that would need congressional approval. 

    At Thursday’s HELP executive session, which lasted about 15 minutes, Sen. Tim Kaine, D-Va., said he was opposing McMahon’s nomination. “I find areas of agreement [with McMahon], but I can’t vote for somebody who will willfully engage in the destruction of the very agency she wants to lead. That is disqualifying,” Kaine said.

    Ranking member Bernie Sanders, D-Vt., also voted against McMahon’s nomination and criticized what he said was a move toward an authoritarian society where “all power is resting in the hands of a few in the White House.”

    “It doesn’t really matter who the Secretary will be, because he or she will not have the power,” Sanders said.

    Sen. Markwayne Mullin, R-Okla., before voting in favor of the nomination, said U.S. education has fallen in global rankings. “If we really say we’re for the kids, then let’s try something drastic,” Mullin said. “Let’s actually make a change, because we’re doing nothing but going backwards, and our test scores haven’t improved since 1979. They’ve just continued to fall.”

    A full Senate vote on McMahon’s confirmation is forthcoming.

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  • Senate panel approves McMahon for education secretary

    Senate panel approves McMahon for education secretary

    Chip Somodevilla/Getty Images

    Linda McMahon’s bid to become the next education secretary moved forward Thursday after a Senate committee voted 12–11 along party lines to advance her nomination.

    At the preceding committee hearing on Feb. 13, Republicans of the Health, Education, Labor and Pensions Committee largely praised McMahon, saying they couldn’t think of a better person to lead the nation’s education system.

    They used their questions to ensure the nominee recognized that only Congress has the statutory power to carry out Trump’s plan to abolish the Education Department—to which she said, “Well, certainly President Trump understands that we will be working with Congress.” In addition to shutting down or reducing the size of the department, McMahon made clear at the hearing that she supports combating campus antisemitism, prohibiting trans women from participating in sports and eliminating diversity, equity and inclusion programs.

    Since the hearing, the Education Department released a sweeping Dear Colleague letter that directs colleges to end any race-based policies or programming in K-12 schools and colleges by Feb. 28. The letter, which targeted “every facet of academia,” has received significant pushback from the public but likely won’t affect McMahon’s confirmation.

    The committee’s vote advances McMahon’s confirmation to the Senate. The full Senate will now vote on McMahon’s nomination, likely in the next two weeks.

    Once formally recognized as secretary, McMahon will be an important arrow in Trump’s quiver, as she’s seen as dedicated to carrying out the president’s agenda, from abolishing the agency to stripping certain institutions of access to federal student aid when they do not align with his ideals.

    This story will be updated.

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  • McMahon confirms Trump’s plans to dismantle Department of Ed

    McMahon confirms Trump’s plans to dismantle Department of Ed

    Linda McMahon told senators Thursday that she won’t shut down the Education Department without their approval, quelling any doubt that the majority Republicans may have had about whether she deserved to be appointed to President Donald Trump’s cabinet.

    But that doesn’t mean that McMahon and the Trump administration aren’t still looking to make considerable changes to the agency’s programs and potentially dismantle it from the inside out. She said at her confirmation hearing that the department has to go, or at the very least is in need of a major makeover, because it’s rife with bureaucracy that fails to serve students well.

    The goal, the former wrestling CEO told the Committee on Health, Education, Labor and Pensions, is to “reorient” the federal agency and ensure it “operate[s] more efficiently”—not defund education, as some critics have suggested.

    “We’d like to do this right,” she said. “We’d like to make sure that we are presenting a plan that I think our senators could get on board with, and our Congress to get on board with.”

    Questions about the department’s future and whether McMahon would stand up to President Trump if he tries to break the law dominated the nearly three-hour hearing. McMahon, a Trump loyalist and veteran of the first administration, weathered the hearing just fine and will likely be confirmed by the Senate. The committee will vote Feb. 20 on her nomination.

    McMahon largely stuck by Trump and defended his actions so far. She also pledged to comply with and uphold the law, respecting Congress’s power over the purse strings by disbursing funds as lawmakers order. “The president will not ask me to do anything that’s against the law,” she later added.

    McMahon’s comments break slightly from the president’s record so far. In the first three weeks alone, Trump and Elon Musk have entirely shut down the U.S. Agency for International Development, cut countless contracts and attempted to freeze all federal grants. The president has said he wants to get rid of the Education Department entirely, suggesting he didn’t need congressional action to do so.

    During and after the hearing, the majority of Republicans praised McMahon as the right person for the job.

    “It is clear that our current education system isn’t working. We have the status quo and that’s actually failing our kids,” Senator Katie Britt of Alabama said in her opening remarks. “Linda McMahon is someone who knows how to reform our education system.”

    But for Democrats and Senator Susan Collins, a more centrist Republican from Maine, McMahon’s comments left quite a few questions still lingering and seemed to be, at times, self-contradictory.

    “The whole hearing right now feels kind of surreal to me,” said Senator Maggie Hassan, a Democrat from New Hampshire. “It’s almost like we’re being subjected to a very eloquent gaslighting here.”

    While many of the senators’ questions focused on special education, K-12, the separation of powers and getting rid of the Education Department, colleges and universities did come up a few times, offering some insight into McMahon’s plans as secretary.

    Here are five key higher ed takeaways from the hearing:

    Commitments but Few Specifics

    Prior to the hearing, Trump’s comments suggested his Education Department would prioritize cutting red tape, returning education to the states, cracking down on campus antisemitism and banning what he calls “gender ideology,” among other things. But speculation swirled about what McMahon would put at the top of her agenda.

    On Thursday she made it clear that she’s in lockstep with the president, saying in her opening remarks that “Trump has shared his vision and I’m ready to enact it.” She failed to provide much detail beyond that.

    The business mogul, who has limited experience in education, indicated she’ll have some studying to do if she gets confirmed. When asked about topics like diversity, equity and inclusion programs or accreditation, she said, “I’ll have to learn more” or “I’d like to look into it further and get back to you on that.”

    For example, when it came to addressing civil rights complaints filed by Jewish students, McMahon was quick to assure Republican lawmakers that colleges will “face defunding” if they don’t comply with the law. She also said that international students who participate in protests Trump deems antisemitic should have their visas revoked. But she didn’t provide further detail on how exactly either repercussion would be enforced.

    Additionally, when asked about how she would address a backlog of cases at the Office for Civil Rights, which investigates complaints of discrimination, she said, “I would like to be confirmed and get into the department and understand that backlog.”

    ‘Pretty Chilling’ Approach to DEI

    McMahon declined to say what specific programs or classes might violate Trump’s recent executive order banning diversity, equity and inclusion during a tense exchange with Senator Chris Murphy, a Democrat from Connecticut.

    Policy experts said Trump’s executive order should have had little immediate impact on higher ed, as most of its provisions require agency action, but several colleges and universities moved quickly to comply after the order was signed Jan. 21, canceling events and scrubbing websites of DEI mentions.

    Murphy highlighted one of those examples, telling McMahon that the United States Military Academy in West Point, N.Y., had shut down a number of its student affinity groups and clubs like the Society of Black Engineers.

    He then went on to ask her, “Would public schools be in violation of this order, would they risk funding if they had clubs that students could belong to based on their racial or ethnic identity?” To which McMahon responded, “Well, I certainly today don’t want to address hypothetical situations.”

    Murphy said that should be “a pretty easy question,” adding that her lack of response was “pretty chilling.”

    “I think you’re going to have a lot of teachers and administrators scrambling right now,” he said.

    McMahon did note, however, that all schools can and should celebrate Black History Month and Martin Luther King Jr. Day. She suggested that in saying individuals should be judged by “content of their character,” King was supporting a colorblind approach to policy and looking at all populations as the same, rather than addressing systemic inequities.

    Dems Take Issue With DOGE

    Several lawmakers had questions for McMahon about Trump’s efforts to cut spending via the Elon Musk–led Department of Government Efficiency, but she didn’t have many answers.

    Democrats, in particular, took issue with recent reports that DOGE staffers have access to sensitive student data and recently canceled $881 million in contracts at the Institute of Education Sciences. The Education Department is just one of several agencies under DOGE’s microscope. The Trump administration is also laying off employees at the agency or putting them on administrative leave as part of a broader plan to shrink the federal workforce.

    McMahon said she didn’t know “about all the administrative people who have been put on leave,” adding she would look into that. She also didn’t have more information about the IES cuts. But she defended DOGE’s work as an audit.

    “I do think it’s worthwhile to take a look at the programs before money goes out the door,” she said.

    But Democrats countered that Congress, not the executive branch, has the authority to direct where federal funds should go.

    “When Congress appropriates money, it is the administration’s responsibility to put that out as directed by Congress, who has the power of the purse,” said Senator Patty Murray, a Washington Democrat. “If you have input, if you have programs you have looked at that you believe are not effective, then it is your job to come to us, explain why and get the support for that.”

    Brief Mention of Accreditation

    Despite Trump’s promise to fire accreditors, the accreditation system and the federal policies that govern it received little attention during the hearing—aside from one round of questions.

    Senator Ashley Moody, a Florida Republican, said she thinks the current system is unconstitutional, echoing claims that she made as Florida attorney general. The state argued in a 2023 lawsuit that Congress ceded power to private accrediting agencies, violating the U.S. Constitution. A federal judge rejected those claims and threw out the lawsuit in October.

    Currently, federal law requires that colleges and universities be accredited by an Education Department–recognized accreditor in order to receive federal student aid such as Pell Grants. But in recent years, Republican-led states—most notably Florida—have bristled at what they see as undue interference from the accreditors and their power to potentially take away federal aid. State lawmakers in Florida now require public colleges to change accreditors regularly. But that process has been sluggish, and officials blame the Education Department.

    Moody asked McMahon to commit to review regulations and guidance related to colleges changing accreditors.

    “I look forward to working with you on that,” McMahon said. “And there’s been a lot of issues raised about these five to seven accreditors … I think that needs to have a broad overview and review.” (McMahon didn’t specify, but she seemed to refer to the seven institutional accreditors.)

    Support for Short-Term Pell

    Throughout the hearing, McMahon also reiterated her support for expanding the Pell Grant to short-term workforce training programs that run between eight and 15 weeks, and bolstering other nontraditional means of higher education like apprenticeships.

    The nominee noted multiple times that though “college isn’t for everyone,” there should be opportunities for socioeconomic mobility and career development for all. She believes promoting programs like short-term Pell “could stimulate our economy” by providing new routes to pursue skills-based learning and promote trade careers. This mindset could likely lead to less restriction on for-profit technical institutions like cosmetology schools.

    One thing neither McMahon nor the Senate panel spent much time on, however, was the Office of Federal Student Aid, its botched rollout of a new application portal or how she would manage the government’s $1.7 trillion student loan portfolio. One of the few mentions of the student debt crisis came up in committee chair Dr. Bill Cassidy of Louisiana’s opening remarks.

    “Too many students leave college woefully unprepared for the workforce while being saddled with overwhelming debt that they cannot pay off,” he said. “Your previous experience overseeing [Small Business Administration] loans will be a great asset as the department looks to reform its student loan program.”

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  • Education nominee McMahon says she supports calls to dismantle the agency but that funding wouldn’t be affected

    Education nominee McMahon says she supports calls to dismantle the agency but that funding wouldn’t be affected

    Linda McMahon said she stands firmly behind President Donald Trump’s calls to gut the U.S. Department of Education at her confirmation hearing to lead the department.

    But she promised to work with Congress to do so — acknowledging some limits on the president’s authority as Trump seeks to remake the government through executive orders. And she tried to reassure teachers and parents that any changes would not jeopardize billions in federal funding that flows to high-poverty schools, special education services, and low-income college students.

    “We’d like to do this right,” McMahon said. “It is not the president’s goal to defund the programs, it is only to have it operate more efficiently.”

    Trump has called the Education Department a “con job” and said that McMahon, a former professional wrestling executive and billionaire Republican donor, should work to put herself out of a job. McMahon called this rhetoric “fervor” for change.

    The Trump administration’s chaotic approach to spending cuts so far raise questions about whether McMahon’s statements — an effort to neutralize the most significant criticism of plans to get rid of the Education Department — will prove true over time.

    Thursday’s hearing before the Senate Committee on Health, Education, Labor, and Pensions, punctuated by occasional protests, served as a referendum of sorts on the value of the Education Department. Republicans said it had saddled schools with red tape without improving student outcomes. Democrats said the department protects students’ civil rights and funds essential services.

    Democrats also pressed McMahon on Trump’s threats to withhold federal funding from schools that violate his executive orders and on the details of a potential reorganization — questions that McMahon largely deflected as ones she could better answer after she takes office.

    “It’s almost like we’re being subjected to a very elegant gaslighting here,” said Sen. Maggie Hassan, a Democrat from New Hampshire.

    Related: A lot goes on in classrooms from kindergarten to high school. Keep up with our free weekly newsletter on K-12 education.

    Even as Trump has called for the Education Department to be eliminated and schooling to be “returned to the states,” he’s also sought to expand its mission with executive orders threatening the funding of schools that employ diversity, equity, and inclusion practices or teach that racism and discrimination were part of America’s founding. The federal government is barred by law from setting local curriculum, as Republican Sen. Lisa Murkowski of Alaska pointed out during the hearing.

    In a tense exchange, Sen. Chris Murphy, a Democrat from Connecticut who’s championed school desegregation and diversity efforts in education, asked McMahon how schools would know if they were running a program that violates Trump’s executive order seeking to root out “radical indoctrination” in K-12 schools. Many schools have no idea what’s allowed, Murphy said, because the order doesn’t clearly define what’s prohibited.

    McMahon said in her view, celebrating Martin Luther King Jr. Day and Black History Month should be permitted, after Murphy noted that U.S. Department of Defense schools would no longer celebrate Black History Month in response to Trump’s order.

    But McMahon would not say that running affinity groups for students from certain racial or ethnic backgrounds, such as a Black engineers club or an after-school club for Vietnamese American students, was permitted. She also would not say whether schools might put their federal funding at risk by teaching an African American history class or other ethnic studies program.

    “That’s pretty chilling,” Murphy said. “You’re going to have a lot of educators and a lot of principals and administrators scrambling right now.”

    Later in the confirmation hearing, McMahon agreed schools should teach “the good, the bad, and the ugly” parts of U.S. history, and that it’s up to states, not the Department of Education, to establish curriculum.

    McMahon’s record on DEI has sometimes been at odds with the Trump administration. She backed diversity issues when she served on the Connecticut State Board of Education, the Washington Post reported.

    During her hearing, McMahon said DEI programs are “tough,” because while they’re put in place to promote diversity and inclusion, they can have the opposite effect. She pointed to examples of Black and Hispanic students attending separate graduation ceremonies — though those are typically held to celebrate the achievements of students of color, not to isolate them.

    Related: What might happen if the Education Department were closed?

    McMahon told the committee that many Americans are experiencing an educational system in decline — she pointed to sobering national test scores, crime on college campuses, and high youth suicide rates — and said it was time for a renewed focus on teaching reading, math, and “true history.”

    “In many cases, our wounds are caused by the excessive consolidation of power in our federal education establishment,” she said. “So what’s the remedy? Fund education freedom, not government-run systems. Listen to parents, not politicians. Build up careers, not college debt. Empower states, not special interests. Invest in teachers, not Washington bureaucrats.”

    Republican Senators reiterated these themes, arguing that bureaucrats in Washington had had their chance and that it was time for a new approach.

    They asked McMahon about Trump administration priorities such as expanding school choice, including private school vouchers, and interpreting Title IX to bar transgender students from restrooms and sports teams aligned with their gender identities.

    McMahon said she was “happy” to see the Biden administration’s rules on Title IX vacated, and she supported withholding federal funds from colleges that did not comply with the Trump administration’s interpretation of the law.

    Related: Trump wants to shake up education. What that could mean for a charter school started by a GOP senator’s wife

    Teachers unions and other critics of McMahon have said she lacks the proper experience to lead the Education Department, though McMahon and others have pointed to her time serving on the Connecticut State Board of Education, as a trustee of Sacred Heart University, and her role as chair of the America First Policy Institute, where she advocated for private school choice, apprenticeships, and career education.

    McMahon also ran the Small Business Administration in Trump’s first administration. Her understanding of the federal bureaucracy is an asset, supporters say.

    Sen. Tim Scott, a Republican from South Carolina, said McMahon’s background made her uniquely suited to tackle the pressing challenges facing the American education system today.

    Related: What education could look like under Trump and Vance 

    McMahon said multiple times that parents of children with disabilities should not worry about federal funding being cut for the Individuals with Disabilities Education Act, though she said it was possible that the U.S. Department of Health and Human Services would administer the money instead of the Education Department.

    But it appeared that McMahon had limited knowledge of the rights outlined in IDEA, the landmark civil rights law that protects students with disabilities. And she said it was possible that civil rights enforcement — a large portion of which is related to complaints about children with disabilities not getting the services to which they’re entitled — would move to the U.S. Department of Justice.

    Dismantling the education department by moving key functions to other departments is a tenet of Project 2025, the playbook the conservative Heritage Foundation developed for a second Trump administration. Most of these functions are mandated in federal law, and moving them would require congressional approval.

    McMahon struggled to articulate the goals of IDEA beyond saying students would be taken care of and get the assistance and technology they need.

    “There is a reason that the Department of Education and IDEA exist, and it is because educating kids with disabilities can be really hard and it takes the national commitment to get it done,” Hassan, the New Hampshire senator, said. “That’s why so many people are so concerned about this proposal to eliminate the department. Because they think kids will once again be shoved aside, and especially kids with disabilities.”

    McMahon also could not name any requirements of the Every Student Succeeds Act, the federal law that replaced No Child Left Behind. ESSA requires states to identify low-performing schools and intervene to improve student learning, but it gives states more flexibility in how they do so than the previous law.

    McMahon seemed open to reversing some of the cuts enacted by the U.S. DOGE Service, the cost-cutting initiative led by billionaire Elon Musk.

    She said, if confirmed, she would look into whether staff who’d been placed on administrative leave — including some who investigate civil rights complaints — should return. She also said she’d assess the programs that were cut when DOGE terminated 89 contracts at the Institute of Education Sciences and 29 training grants.

    Sen. Susan Collins, a Republican from Maine, said her office had heard from a former teacher who developed an intensive tutoring strategy that was used in a dozen schools in the state. The teacher had a pending grant application to evaluate the program and its effect on student outcomes, and the teacher worried it would be in jeopardy. Collins asked if the department should keep collecting that kind of data so it could help states determine what’s working for kids.

    “I’m not sure yet what the impact of all of those programs are,” McMahon said. “There are many worthwhile programs that we should keep, but I’m not yet apprised of them.”

    The Senate education committee is scheduled to vote on McMahon’s confirmation on Feb. 20.

    This story was produced by Chalkbeat and reprinted with permission. 

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  • Senate holds confirmation hearing for Linda McMahon

    Senate holds confirmation hearing for Linda McMahon

    President Trump’s pick to lead the Education Department, Linda McMahon, will appear today before a key Senate committee to kick off the confirmation process.

    The hearing comes at a tumultuous time for the Education Department and higher education, and questions about the agency’s future will likely dominate the proceedings, which kick off at 10 a.m. The Inside Higher Ed team will have live updates throughout the morning and afternoon, so follow along.

    McMahon has been through the wringer of a confirmation hearing before, as she was appointed to lead the Small Business Administration during Trump’s first term. But this time around the former wrestling CEO can expect tougher questions, particularly from Democrats, as the Trump administration has already taken a number of unprecedented, controversial and, at times, seemingly unconstitutional actions in just three short weeks.

    Our live coverage of the hearing will kick off at 9:15 a.m. In the meantime, you can read more about McMahon, the latest at the department and what to expect below:

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  • President-Elect Trump Nominates Lori Chavez-DeRemer for DOL Secretary and Linda McMahon for Education Secretary

    President-Elect Trump Nominates Lori Chavez-DeRemer for DOL Secretary and Linda McMahon for Education Secretary

    by CUPA-HR | December 10, 2024

    Over the past few weeks, President-elect Donald Trump has announced several nominations for leads at federal agencies. Of relevance to CUPA-HR members, Trump has nominated Rep. Lori Chavez-DeRemer (R-OR) to serve as secretary at the Department of Labor (DOL) and Linda McMahon to serve as the Department of Education (ED) secretary. The following analysis dives into how Chavez-DeRemer and McMahon may lead each agency’s regulatory action on a few of the most pressing policy issues.

    DOL Secretary

    FLSA

    Chavez-DeRemer was nominated to serve as labor secretary on November 22. Chavez-DeRemer was viewed as a surprising pick for many in the labor and employment policy space given her Congressional record and support from labor unions. Her nomination raises questions about the direction in which DOL will go under the Trump administration with respect to certain policies and regulations, such as the overtime regulations under the Fair Labor Standards Act (FLSA), joint employer regulations, and independent contractor regulations.

    As a reminder, the Biden administration’s overtime regulations were struck down in federal court on November 15. The ruling strikes down all components of the Biden administration’s rule, including the July 2024 and January 2025 salary thresholds and the triennial automatic updates. On November 26, however, the Biden administration filed a notice of appeal to the 5th U.S. Circuit Court of Appeals in hopes of reinstating the rule before their term ends.

    Chavez-DeRemer has not publicly supported or opposed the Biden administration’s overtime rule, but labor unions have supported the rule through regulatory comments and public statements. Many anticipated that a second Trump administration’s DOL would stop defending the Biden rule in court if the Biden administration chose to appeal. Given organized labor’s support of Chavez-DeRemer, there is a chance that DOL under her authority would continue to defend the rule in court. However, it appears unlikely that the rule in its entirety would be defended, and it is more likely that DOL would attempt to defend the July salary threshold only. As a reminder, the salary threshold increase that took effect on July 1, 2024, used the Trump administration’s 2019 overtime rule methodology to determine the level, which could lead to a possible reasoning for defending the July salary threshold level.

    Joint Employer and Independent Contractor Rules

    Similar to the overtime regulations, the future of other labor and employment regulations relevant to higher ed HR appears uncertain in the face of Chavez-DeRemer’s nomination. Two DOL regulations — the joint employer and independent contractor rules — seem certain to swing back in favor of policies like those implemented under the first Trump administration, but Chavez-DeRemer’s inconsistent record in Congress on both issues makes it unclear how DOL under Trump will regulate them.

    Notably, Chavez-DeRemer is one of three Republican cosponsors of the Protecting the Right to Organize Act, a Democrat-backed bill that would expand organized labor’s power over workers and employers. There are provisions in the PRO Act that a second Trump DOL is not anticipated to implement, including provisions to apply a controversial “ABC” test for worker classification under the National Labor Relations Act and to adopt a broader joint employer standard under the NLRA than the standard implemented by the Trump administration. Given her support for the PRO Act, Chavez-DeRemer could change direction from the anticipated actions expected from the Trump administration with respect to joint employment and independent contractor status, along with other labor policies.

    Education Secretary

    Linda McMahon was nominated to serve as ED secretary on November 19. McMahon’s nomination was also considered a surprise, but for reasons surrounding her previous experience. During Trump’s first term, McMahon served as the administrator of the U.S. Small Business Administration, and most recently, she served as co-chair of Trump’s transition team. She was previously an executive for World Wrestling Entertainment (WWE). With respect to education, McMahon served as a trustee for Sacred Heart University for over a decade, and she also briefly served on the Connecticut Board of Education.

    Title IX

    McMahon’s previous positions and experience do not provide much insight into her stance on higher education policy. That being said, we expect that McMahon will largely follow the education policy direction of President-elect Trump if she is confirmed. With respect to Title IX, it is expected that Trump will seek to reimplement his administration’s 2020 Title IX regulations nationwide, which we anticipate McMahon will follow. It remains to be seen if McMahon and the Trump administration’s ED will attempt to issue new Title IX regulations that may be more conservative than those issued in 2020 to address concerns regarding rights and protections for transgender students.

    Looking Ahead

    Both Chavez-DeRemer and McMahon will face Senate confirmation hearings by relevant oversight committees and votes by the full Senate. During confirmation hearings, more information about the nominees’ priorities at their respective agencies will be revealed. CUPA-HR will keep members apprised of any updates related to the confirmation process of Chavez-DeRemer and McMahon as well as regulatory updates from DOL and ED.



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