Hearings to examine the nominations of Penny Schwinn, of Tennessee, to be Deputy Secretary, and Kimberly Richey, of Texas, to be Assistant Secretary for Civil Rights, both of the Department of Education, and Daniel Aronowitz, of Virginia, and David Keeling, of Kentucky, both to be an Assistant Secretary of Labor.

1[Senate Hearing 119-93]2[From the U.S. Government Publishing Office]34                                                         S. Hrg. 119-9356                          NOMINATIONS HEARING78=======================================================================910                                HEARING1112                                 OF THE1314                    COMMITTEE ON HEALTH, EDUCATION,15                          LABOR, AND PENSIONS1617                          UNITED STATES SENATE1819                    ONE HUNDRED NINETEENTH CONGRESS2021                             FIRST SESSION2223                                   ON2425          EXAMINING THE NOMINATIONS OF PENNY SCHWINN, OF TENNESSEE,26            TO BE DEPUTY SECRETARY, AND KIMBERLY RICHEY, OF TEXAS, TO27            BE ASSISTANT SECRETARY FOR CIVIL RIGHTS, BOTH OF THE28            DEPARTMENT OF EDUCATION, AND DANIEL  ARONOWITZ, OF VIRGINIA,29            AND DAVID KEELING, OF KENTUCKY, BOTH TO BE AN ASSISTANT30            SECRETARY OF LABOR3132                               __________3334                              JUNE 5, 20253536                               __________3738 Printed for the use of the Committee on Health, Education, Labor, and Pensions3940                  [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]4142        Available via the World Wide Web: http://www.govinfo.gov4344                               ______4546                 U.S. GOVERNMENT PUBLISHING OFFICE474860-604 PDF                WASHINGTON : 20264950          COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS5152                BILL CASSIDY, M.D., Louisiana, Chairman5354RAND PAUL, M.D., Kentucky            BERNIE SANDERS (I), Vermont,55SUSAN M. COLLINS, Maine                  Ranking Member56LISA MURKOWSKI, Alaska               PATTY MURRAY, Washington57MARKWAYNE MULLIN, Oklahoma           TAMMY BALDWIN, Wisconsin58ROGER MARSHALL, M.D., Kansas         CHRISTOPHER MURPHY, Connecticut59TIM SCOTT, South Carolina            TIM KAINE, Virginia60JOSH HAWLEY, Missouri                MAGGIE HASSAN, New Hampshire61TOMMY TUBERVILLE, Alabama            JOHN HICKENLOOPER, Colorado62JIM BANKS, Indiana                   ED MARKEY, Massachusetts63JON HUSTED, Ohio                     ANDY KIM, New Jersey64ASHLEY MOODY, Florida                LISA BLUNT ROCHESTER, Delaware65                                     ANGELA ALSOBROOKS, Maryland6667               Matthew Gallivan, Majority Staff Director68           Danielle Janowski, Majority Deputy Staff Director69                Warren Gunnels, Minority Staff Director70               Zain Rizvi, Minority Deputy Staff Director7172                            C O N T E N T S7374                              ----------7576                               STATEMENTS7778                         THURSDAY, JUNE 5, 20257980                                                                   Page8182                           Committee Members8384Cassidy, Hon. Bill, Chairman, Committee on Health, Education,85  Labor, and Pensions, Opening statement.........................     186Baldwin, Hon. Tammy, U.S. Senator from the State of Wisconsin,87  Opening statement..............................................     28889                               Witnesses9091Schwinn, Penny, Nashville, TN....................................     492    Prepared statement...........................................     593Richey, Kimberly, Tallahassee, FL................................     794    Prepared statement...........................................     895Aronowitz, Daniel, Vienna, VA....................................    1096    Prepared statement...........................................    1197Keeling, David, Louisville, KY...................................    1398    Prepared statement...........................................    1599100                         QUESTIONS AND ANSWERS101102Response by Daniel Aronowitz, to questions of:103    Sen. Hawley..................................................    45104Response by David Keeling, to questions of:105    Sen. Hawley..................................................    45106Response by Kimberly Richey, to questions of:107    Sen. Hawley..................................................    46108    Sen. Sanders.................................................    49109    Sen. Baldwin.................................................    51110    Sen. Markey..................................................    56111Response by Penny Schwinn, to questions of:112    Sen. Hawley..................................................    46113    Sen. Sanders.................................................    47114    Sen. Baldwin.................................................    50115    Sen. Hassan..................................................    51116    Sen. Hickenlooper............................................    52117    Sen. Markey..................................................    52118    Sen. Alsobrooks..............................................    56119120                          NOMINATIONS HEARING121122                              ----------123124                         Thursday, June 5, 2025125126                                       U.S. Senate,127       Committee on Health, Education, Labor, and Pensions,128                                                    Washington, DC.129    The Committee met, pursuant to notice, at 10 a.m., in room130430, Dirksen Senate Office Building, Hon. Bill Cassidy,131Chairman of the Committee, presiding.132133    Present: Senators Cassidy [presiding], Murkowski, Marshall,134Hawley, Tuberville, Banks, Husted, Moody, Baldwin, Murray,135Kaine, Hassan, Hickenlooper, Markey, Kim, Blunt Rochester, and136Alsobrooks.137138                  OPENING STATEMENT OF SENATOR CASSIDY139140    The Chairman. The Senate Committee on Health, Education,141Labor, and Pensions will please come to order. Thanks to our142nominees for being here. If confirmed, you will be crucial in143advancing President Trump's agenda, improving the lives of all144Americans, and I appreciate your willingness to serve.145146    If confirmed as Deputy Secretary of Education, Dr. Schwinn147will play an integral role in reforming a department that has148lost its purpose. Its bureaucracy and red tape have stood in149the way of student success.150151    Dr. Schwinn has a strong record of improving education152systems, including as Tennessee Commissioner of Education and153Chief Deputy Commissioner of Education in Texas. She tells me154that she personally met with President Trump to discuss these155issues. This experience will be vital as the Trump156administration looks to return power over education to states157and ensure that all students have the opportunity to succeed.158159    The Committee will also hear from Ms. Richey, nominated for160Assistant Secretary for Civil Rights at the Department of161Education. Ms. Richey brings extensive experience from previous162Administrations and state agencies, addressing discriminatory163practices in K through 12 schools and universities nationwide.164165    This experience is especially important as the166Administration works to address troubling Antisemitism on167college campuses. Next, the Committee is considering Mr.168Aronowitz, nominated to lead the Employee Benefits Security169Administration at the Department of Labor.170171    If confirmed, Mr. Aronowitz is committed to improving172health and retirement benefits for workers, including173independent contractors. His decades of legal experience and174knowledge of ERISA will be an asset to this mission. Last, the175Committee will hear from Mr. Keeling, nominated to head the176Occupational Safety and Health Administration, better known as177OSHA.178179    Mr. Keeling spent 30 years advocating for worker safety in180the private sector and has strong support from businesses and181from labor unions. If confirmed, he committed to ensuring OSHA182regulations reflect what is best for workers, not biased toward183one party over the other.184185    Thank you again to all our witnesses for appearing before186the Committee. And with that, I recognize Senator Baldwin for187her opening statement.188189                  OPENING STATEMENT OF SENATOR BALDWIN190191    Senator Baldwin. Thank you. Thank you, Chairman Cassidy.192And thank you to our nominees for being here today. Mr.193Chairman, we are holding this hearing today as the Trump194administration makes daily attacks on public education, worker195safety, and retirement security.196197    The nominees before us today will undoubtedly be tasked198with carrying out the Administration's dangerous agenda to199remove worker safety protections, rescind rules that protect200retirees and those who are nearing retirement, dismantle the201entire Department of Education, and undercut Civil Rights202protections for historically marginalized groups.203204    The nominees themselves may have different goals, if they205are confirmed, but the actions taken by the Trump206administration so far and the budget requests for the207Department of Education and Labor submitted to Congress make208clear exactly what they will be instructed to do in their209roles.210211    I am deeply concerned by the Administration's approach at212the Department of Labor. This Administration claims to be pro-213worker, but their actions demonstrate the opposite. They are214paying lip service to hardworking Americans while enacting an215agenda to decimate their rights, protections, and hard-earned216benefits.217218    The Occupational Safety and Health Administration, or OSHA,219is predicting it will inspect almost 10,000 fewer workplaces220next year than it inspected in 2024 if the Administration's221budget cuts were fully enacted. Reducing the number of222inspections leads to more unsafe environments, more injuries,223and more families facing the uncertainty that comes from losing224hours at a job or dealing with a work injury.225226    Mr. Keeling is being nominated to be at the helm of OSHA as227this happens. The Employee Benefit Security Administration, or228EBSA, has already lost roughly 30 percent of its staff since229the beginning of 2025, 30 percent, with those losses230concentrated in the Enforcement Division, the office that231protects consumers as they navigate health and retirement232plans.233234    EBSA overseas private retirement plans, health plans, and235other benefits, which collectively hold about $14 trillion in236assets. These plans cover 156 million workers, retirees, and237their dependents. Slashing the staff who ensure these plans are238following the law and are working in consumers' best interests239helps no one except the corporations who can more easily cut240corners, harming workers and retirees.241242    Mr. Aronowitz has been nominated to lead a much diminished243EBSA. The Trump administration's attacks on the Department of244Education began during his first week in office. The Trump245administration has laid off nearly half of the staff at the246Department of Education, leading to more delays and247inefficiencies that are directly harming students and schools.248249    The Administration has also terminated funding that250Congress appropriated for programs intended to benefit251students' resources that were already in use in communities in252Wisconsin and elsewhere, pulling the rug out from plans to use253that money for summer learning, after school tutoring, and254teacher training.255256    Earlier this week, I pushed Secretary McMahon on her257decision to discontinue grants to expand access to mental258health care for students, which Congress authorized and funded259on a bipartisan basis. Ms. Schwinn, the nominee to be Deputy260Secretary of Education, will be tasked with overseeing the261Department of Education's implementation of Federal education262laws, and I expect these laws to be implemented as intended.263264    Ms. Richey, the nominee to be Assistant Secretary of265Education for Civil Rights, is nominated to lead an office that266is currently engaged in a troubling trend of halting cases of267discrimination based on race, gender, and disability, while268opening a slew of what appear to be politically motivated269investigations into schools, districts, and universities.270271    Just as the Office of Civil Rights received its highest272ever volume of complaints last year, the department closed 7 of273its 12 regional offices and fired nearly 300 Office of Civil274Rights staff this year.275276    Investigators have seen their caseloads skyrocket from 42277cases per investigator to 115, making it difficult for those278investigators to meaningfully investigate discrimination and to279protect students' rights.280281    Mr. Chairman, I am glad we have the opportunity to hear282from these nominees, but I think we should all be concerned283that the Administration's actions and budgets demonstrate how284little they care--little care they have for doing right by285these students, teachers, and workers, and retirees.286287    The Chairman. Thank you. I will introduce each nominee just288prior to he or she speaking. So I will begin with Ms. Schwinn.289We are joined today by Ms. Penny--Dr. Penny Schwinn, President290Trump's nominee for Deputy Secretary of Education.291292    If confirmed, Dr. Schwinn will help to lead the department293as it works to deliver results for children and families and294return authority over education back to the states. She295previously served as Commissioner of Education in Texas, where296she served as Chief Deputy Commissioner.297298    She holds a Ph.D. from Claremont Graduate School. I look299forward to hearing from her today and thank you for joining us,300Dr. Schwinn.301302           STATEMENT OF PENNY SCHWINN, NASHVILLE, TN303304    Ms. Schwinn. Thank you, Chairman--thank you Chairman305Cassidy, Ranking Member Sanders, and Members of the Committee.306It is an honor to appear before you as a nominee for Deputy307Secretary of Education.308309    I am grateful for the support of my family, friends, and310former colleagues. Want to take the opportunity to especially311thank my three children, Ellie, Abby, and Jack, who couldn't be312here today.313314    My daughter is in the National Soccer Championship in St.315Louis, so they are on their way there. She is a goalie. I am a316goalie mom. Toughest job.317318    The Chairman. You are not there. I am just saying, mom,319feel guilty.320321    [Laughter.]322323    Ms. Schwinn. Thank you for the mom guilt, yes. I am not324there, but I will be flying there as soon as possible. I also325want to thank my family, the Hemian Gang back in Gilroy,326California, and most importantly DC and my mom who is behind me327right now and has been for 42 years, a classroom teacher, and328the reason that I am here today.329330    From the moment I got to speak with each of them for our331in-person interviews, I have been continually grateful to332Donald J. Trump and Secretary McMahon for the confidence they333have placed in me and for the ambitious vision they are casting334for the future of America's education system.335336    Education is foundational to our Nation's success,337economically, socially, and strategically. It is also deeply338personal. I come from a family of teachers, and for us,339education isn't just a profession, it is a calling.340341    I began as a High School Teacher, and have served as a342Charter School Founder, an Assistant Superintendent, elected343School Board Member, and State Chief across five very different344states. But I am also a mom, and it is through that lens that I345feel the most urgency and responsibility to deliver better346outcomes for every child in this country.347348    After 20 plus years in education, I have learned that the349most significant difference between policies that work and350policies that don't is that those that work elevate the needs351of students over the needs of systems. We are in a moment of352crisis.353354    According to the Nation's report card, just 31 percent of355fourth graders and 30 percent of eighth graders are proficient356in reading. In math, only 40 percent of fourth graders and 28357percent of eight graders are proficient.358359    Reading scores have dropped five points since 2019, and360math remains below pre-pandemic levels. These numbers are not361just statistics. They represent millions of students who are362falling behind and a global economy that can't afford it.363364    The U.S. already faces a shortage of 1.7 million workers.365Education is not a side issue. It is a national imperative. And366we know what works is what delivers results. When states are367empowered, we see progress.368369    In Tennessee, we achieved real outcomes because we had the370flexibility to tailor solutions. Rather than being bound by371rigid funding categories, we prioritized what mattered most for372our students, and it worked. Tennessee became one of only two373states to rank in the top 25 on all 16 NAEP indicators.374375    Our statewide literacy gains, fueled by training 30,000376teachers, supporting 178,000 families, and aligning teacher377prep with the science of reading, led to the highest growth in378English language arts standards since the adoption of new379standards. We didn't stop there. 100,000 students gained access380to industry credentials, dual credit programs, and381apprenticeships.382383    Dual enrollment in technical colleges rose by 71 percent.384We tripled STEM school designations and mandated K-12 computer385science, closed gaps in AP courses. We also made smart use of386our ESSER funds. Georgetown University's Economics Lab found387that Tennessee was--one of just six states with measurable388returns on investment based on NAEP. And that didn't happen by389accident.390391    It was the result of prioritizing students, trusting local392leadership, and focusing relentlessly on results. None of that393would have been possible without Tennessee's incredible394parents, teachers, school leaders, elected officials, and395community partners. That legacy belongs to them.396397    I was honored to serve, but the results came from local398action, shared responsibility, and accountability. They made399the work real. And that spirit of shared ownership and local400excellence is the path forward. The President and Secretary401have been clear. We must empower states, expand choice, and402raise reading outcomes.403404    I am honored to support that mission, not just as a405policymaker, but as a mom, as a teacher, and a lifelong406believer in what is possible for our children. I will never407forget the students in my mom's classroom, still learning to408read in the fourth and fifth grades. That was nearly 35 years409ago. Too little has changed.410411    We owe it to them to finally keep our promise. I pledge to412tirelessly work for them and for every other one of the 50413million students in this country. Thank you for your414consideration, and I look forward to your questions.415416    [The prepared statement of Ms. Schwinn follows.]417                  prepared statement of penny schwinn418    Thank you, Chairman Cassidy, Ranking Member Sanders, and Members of419the Committee. It's an honor to appear before you as a nominee for420Deputy Secretary of Education. I am grateful for the support of my421family, friends and former colleagues. And I am grateful to President422Donald J. Trump and Secretary McMahon for the confidence they've placed423in me and for the ambitious vision they are casting for the future of424America's education system.425426    Education is foundational to our Nation's success--economically,427socially, and strategically. It is also deeply personal. I come from a428family of teachers, and for us, education isn't just a profession--it's429a calling. I began as a high school teacher and have served as a430charter school founder, assistant superintendent, elected board member,431and state chief across five very different states--and I'm also a mom.432And it's through that lens that I feel the most urgency and433responsibility to deliver better outcomes for every child in this434country.435436    After 20 plus years in education, I've learned that the most437significant difference between policies that work and policies that do438not work is that those that work elevate the needs of students over the439needs of systems.440441    We are in a moment of crisis. According to the Nation's Report442Card, just 31 percent of fourth graders and 30 percent of eighth443graders are proficient in reading. In math, only 40 percent of fourth444graders and 28 percent of eighth graders are proficient. Reading scores445have dropped five points since 2019, and math remains below pre-446pandemic levels. These numbers are not just statistics--they represent447millions of students who are falling behind in a global economy that448can't afford it. The U.S. already faces a shortage of 1.7 million449workers. Education is not a side issue--it's a national imperative.450451    What works is what delivers results. When states are empowered, we452see progress. In Tennessee, we achieved real outcomes because we had453the flexibility to tailor solutions. Rather than being bound by rigid454funding categories, we prioritized what mattered most for our students.455456    It worked. Tennessee became one of only two states to rank in the457top 25 on all 16 NAEP indicators. Our statewide literacy gains--fueled458by training 30,000 educators, supporting 178,000 families, and aligning459teacher prep with the science of reading--led to the highest growth in460English Language Arts since the adoption of new standards. We didn't461stop there: 100,000 students gained access to industry credentials,462dual credit, and apprenticeships. Dual enrollment in technical colleges463rose 71 percent. We tripled STEM school designations, mandated K-12464computer science, and closed key gaps in AP outcomes.465466    We also made smart use of ESSER funds. Georgetown University's467Edunomics Lab found Tennessee was one of just four states with a468measurable return on investment. That didn't happen by accident. It was469the result of prioritizing students, trusting local leadership, and470focusing relentlessly on results.471472    If we want to change these numbers, we must be willing to measure473them. That starts with strong assessments and honest accountability. We474must continue to raise the bar and give families clear, accurate475information about how their children are doing--where they are476excelling and where we, as adults, must do better. If we're serious477about outcomes, we must be serious about measuring them. Assessment is478not about bureaucracy--it's about truth. And families deserve the479truth.480481    None of that would have been possible without Tennessee's482incredible parents, teachers, school leaders, elected officials, and483community partners. This legacy belongs to them. I was honored to484serve, but the results came from local action, shared responsibility,485and accountability. They made the work real. And that spirit of shared486ownership and local excellence is the path forward.487488    The President and Secretary have made clear: we must empower489states, expand choice, and raise reading outcomes. I am honored to490support that mission--not just as a policymaker, but as a mom, a491teacher, and a lifelong believer in what's possible for our children.492493    I will never forget the students I met in my mother's classroom--494still learning to read in the fourth and fifth grades. That was nearly49535 years ago. Too little has changed. We owe it to them to finally keep496our promise.497498    I pledge to work tirelessly--for them, and for every student in499this country.500501    Thank you for your consideration. I look forward to your questions.502                                 ______503504    The Chairman. Thank you, Dr. Schwinn. We are also joined505today by Kimberly Richey, President Trump's nominee for the506Assistant Secretary for Civil Rights at the Department of507Education.508509    If confirmed, Ms. Richey will lead the office that is510responsible for addressing civil rights complaints from511students in classrooms and on college campuses, including the512backlog of Title VI complaints left unaddressed by the Biden513administration.514515    She has experience in the Office of Civil Rights, having516also served there during the George W. Bush and first Trump517administrations. She earned her law degree at the University of518Oklahoma. I look forward to hearing from you today, and thank519you for joining us, Ms. Richey.520521         STATEMENT OF KIMBERLY RICHEY, TALLAHASSEE, FL522523    Ms. Richey. Chairman Cassidy, Ranking Member Sanders, and524honorable Members of this Committee, I am grateful and honored525to appear before you today as President Trump's nominee to lead526the Office for Civil Rights.527528    I want to thank President Trump and Secretary McMahon for529their support and the opportunity to continue OCR's critically530important work. I want to thank my family. Their love, prayers,531and support have strengthened and sustained me. My husband, Dr.532Larry Birney, who is here with me today.533534    My parents, David and Arlene Richey, who are also here. My535sister and brother-in-law, Dr. Jeffrey and Kelley Lind. And my536greatest gifts of all, Pearce, Anna, and Ella May. While I am a537teacher and an attorney, I am first and foremost the daughter538of a retired 34-year public school teacher who taught me the539innate obligation and the importance of speaking up for those540who have no voice and seeking justice for those to whom it has541been denied.542543    I know from my nearly 7 years in OCR the vital role it544plays for so many students and families across our great545nation. Students cannot gain the knowledge and skills they need546to be successful in life if they can't access educational547programs and activities.548549    Secretary McMahon highlighted in her confirmation hearing550the significant challenges that we are facing and reiterated a551commitment to addressing these challenges. She stated, we must552protect all students from discrimination and harassment.553554    If I am confirmed, the department will not stand idly by555while Jewish students are attacked and discriminated against.556We will stop forcing schools to let boys and men into female557sports and spaces.558559    My commitment to these priorities is unwavering. Should I560be confirmed, I will proudly be joining an Administration that561will not allow students to be intimidated, harassed, assaulted,562or excluded from their institutions. I will work every day to563uphold Title VI, including vigorously fighting Antisemitism,564and require schools to address these great evils.565566    I will also fight to preserve the rights of women and girls567as they try to access education programs and activities, and568facilities free from discrimination. Throughout my 21 year569career, I have worked to increase outcomes and advance civil570right protections for students, whether it be securing services571for students in day treatment programs, providing572accommodations to students in state assessment systems, or573setting up a charter school for students in the juvenile574justice system, or creating a way for Native American students575to receive world language credit for learning their native576language.577578    During my tenure as Acting Assistant Secretary in the579Office of Special Education and Rehabilitative Services, OSER580issued guidance clarifying the obligations of school districts581in light of the Supreme Court's groundbreaking decision in582Andrew F. We also concluded what was at the time the largest583investigation involving a state under IDEA.584585    Under my leadership as Acting Assistant Secretary of Civil586Rights, OCR investigated and pursued enforcement action to587protect and preserve the rights of women and girls in athletic588cases involving biological males. We launched multiple directed589investigations examining the special education services that590were provided to students in the COVID-19 pandemic.591592    We provided technical assistance to schools implementing593the 2020 Title IX regulations. We issued guidance on racial594discrimination, single sex programs, and on OCR's enforcement595and use of Title VI to protect Jewish students from596discrimination.597598    As impactful as I view these and other accomplishments, it599is my personal story as a student with a disability and now an600individual with disabilities that most impacts my work. As a601young adult, I was diagnosed with a brain tumor that changed602nearly every aspect of my life.603604    Within a matter of months, I was a student who needed the605protections of 504 to access my own programs and activities in606school. I know firsthand the significance and the importance of607our civil rights laws, and there is no greater work than608leading an agency responsible for ensuring that students get609the services they need.610611    I am committed to upholding the laws enforced by OCR,612prioritizing the mission of OCR, and conducting thorough613investigations consistent with the law and the authority that614Congress has granted to OCR.615616    Sitting in this seat today, I feel blessed that exactly 20617years since I had my brain tumor removed, I now have the618opportunity to lead the very office responsible for enforcing619the laws that protected me. If I am fortunate enough to be620confirmed, that appreciation and that mindset will guide me621every day in this job, just as it has for the last 20 years.622623    Thank you for considering my nomination and for the624opportunity to be here today. I look forward to your questions.625626    [The prepared statement of Ms. Richey follows.]627                 prepared statement of kimberly richey628    Chairman Cassidy, Ranking Member Sanders, and Members of this629Committee.630631    I am grateful and honored to appear before you today as President632Trump's nominee to lead the Office for Civil Rights (OCR) at the U.S.633Department of Education. I want to thank President Trump and Secretary634McMahon for their support and the opportunity to continue OCR's635critically important work.636637    I want to thank my loving family, for whom I'm very grateful. Their638love, prayers, and support have strengthened and sustained me: my639husband, Dr. Larry Birney; my parents, David and Arlene Richey; my640sister and brother-in-law, Dr. Jeffrey and Kelley Lind; and, finally,641my greatest gifts, Pearce, Anna, and Ella Mae.642643    I'm also appreciative of the role so many others have played in my644life; my extended and church-family, friends, teachers, and current and645former colleagues who have emboldened and challenged me throughout the646years.647648    While I am a teacher and an attorney, I am first and foremost the649daughter of a retired thirty-four-year public school teacher who taught650me the innate obligation and importance of speaking up for those who651have no voice and seeking justice for those to whom it has been denied652(Proverbs 31:8-9). I know from my nearly 7 years of service in OCR the653vital role it plays for so many students and families across our great654nation. Students cannot gain the knowledge or skills they need to be655successful in life if they are unable to access educational programs656and activities.657658    Secretary McMahon highlighted, in her confirmation hearing, the659significant challenges we are facing and reiterated a commitment to660addressing these challenges. She stated:661662        ``We must protect all students from discrimination and663        harassment. If I am confirmed, the Department will not stand664        idly by while Jewish students are attacked and discriminated665        against. We will stop forcing schools to let boys and men into666        female sports and spaces.''667668    My commitment to these priorities is unwavering. Should I be669confirmed as Assistant Secretary for Civil Rights, I will proudly be670joining an administration that will not allow students to be671intimidated, harassed, assaulted or excluded from their institutions. I672will work every day to uphold Title VI, including vigorously fighting673anti-Semitism, and require schools to address these great evils. I will674also fight to preserve the rights of women and girls to access675education programs and facilities free from discrimination.676677    I bring over twenty-one years of experience in Federal and state678government, and working with local school districts, colleges, and679education non-profits. Throughout my career, I've worked to increase680student outcomes and advance civil rights protections, whether it be681securing services for students enrolled in day treatment programs,682providing accommodations to students in state assessments, setting up a683charter school for students in the juvenile justice system, or creating684a way for Native American students to receive world language credit for685learning their native language.686687    During my tenure as Acting Assistant Secretary in the U.S.688Department of Education's Office of Special Education and689Rehabilitative Services (OSERS), OSERS issued guidance clarifying the690obligations of school districts in light of the Supreme Court's ground-691breaking decision in the Endrew F. case, which held, in short, that692IEP's must be reasonably calculated to ensure a child makes meaningful693progress. We also concluded what was, at the time, the largest694investigation involving a state conducted under the Individuals with695Disabilities Education Act (IDEA).696697    Under my leadership as Acting Assistant Secretary for Civil Rights,698OCR investigated cases and pursued enforcement action to protect and699preserve the rights of women and girls in athletic cases involving700transgender students. We launched multiple directed investigations701examining the provision of special education and related services to702students with disabilities during the COVID-19 pandemic, provided703technical assistance and issued guidance to assist schools in704implementing President Trump's 2020 Title IX regulations, and issued705guidance on racial discrimination, single-sex programs in post-706secondary, and guidance on OCR's enforcement of Title VI to protect707Jewish students from discrimination.708709    As impactful as I view these and so many other accomplishments,710especially in OCR, it is my personal experience as a student with a711disability--and now an individual with disabilities--that most impacts712my work. As a young adult, I was diagnosed with a brain tumor that713changed nearly every aspect of my life. Within a matter of months, I714was a student who needed the protections and guarantees of Section 504715to fully access my own educational programs and activities. I know716first-hand the significance and importance of our civil rights laws and717there is no greater work than leading the agency responsible for718ensuring that students get the services and support they need.719720    I am committed to upholding the laws OCR enforces and prioritizing721the important mission of OCR to enforce civil rights laws and conduct722thorough investigations, consistent with the law and the authority723Congress has conferred upon the agency. Sitting in this seat today, I724feel blessed that exactly twenty-years since I had my brain tumor725removed, I now have the opportunity to lead the very office responsible726for enforcing the laws that protected me. If I am fortunate enough to727be confirmed, that appreciation and mindset will continue to guide my728work, every day, as it has for so many years.729730    Thank you for considering my nomination and for the opportunity to731be here today. I look forward to answering any questions you may have.732                                 ______733734    The Chairman. Thank you. We are also joined today by Daniel735Aronowitz, President Trump's nominee for Assistant Secretary of736the Employee Benefits Security Administration of the Department737of Labor.738739    If confirmed, Mr. Aronowitz will lead the agency that is740responsible for overseeing more than 801,000 private retirement741plans, 2.6 million health plans, and 514,000 other welfare742benefit plans, which collectively hold about $14 trillion in743assets.744745    He is an attorney with decades of private sector experience746as a coverage lawyer and underwriter and deep knowledge of747ERISA. He is a graduate of, I always hate to say this, but the748Ohio State University and the Vanderbilt University School of749Law.750751    I look forward to hearing from him today. Thank you for752joining us, Mr. Aronowitz.753754           STATEMENT OF DANIEL ARONOWITZ, VIENNA, VA755756    Mr. Aronowitz. Thank you, Chairman Cassidy and the Members757of the HELP Committee. Thank you for considering my nomination758to lead the Employee Benefits Security Administration. I also759thank President Trump, Secretary Chavez DeRemer, and Deputy760Secretary Sonderling for nominating me.761762    My name is Daniel Aronowitz, and I am supported today by my763wife Jeanine, my 17 year old daughter Amanda, and my 15-year764old son Isaiah. My former Euclid business partner and mentor,765John Colas, is also supporting me today. I have been a champion766of employee benefit plans my entire career.767768    After graduating from Ohio State and Vanderbilt School of769Law, I started my career as a management liability insurance770lawyer. I then led a turnaround at the union-owned Ulico771Casualty Company, where we helped grow the union movement by772protecting multi-employer and Governmental plans and union773workers and helped to launch training and apprenticeship774programs with innovative group workers' compensation captives.775776    In 2011, I then founded Euclid Fiduciary. Now called Encore777Fiduciary, my former team built a premier fiduciary insurance778underwriting company that is known for unique fiduciaries779thought leadership, including the FID Guru blog, which is read780by thousands of planned professionals.781782    Encore ensures the most sophisticated and complex benefit783plans in America, ranging from leading Fortune 500 companies to784innovative new pooled employer plans, and association health785plans.786787    In these roles, I witnessed the most important fiduciary788events in the last three decades, including the Enron and789WorldCom scandals, the capital consultants and Madoff Ponzi790schemes, the city of Detroit bankruptcy, and the 2008 financial791crisis. I have participated in hundreds of Department of Labor,792PBGC, and Internal Revenue Service audits.793794    My job, my mission was to protect planned fiduciaries and795planned assets to ensure and safeguard the accounts of every796planned participant and worker insured by my company's797fiduciary crime and cyber insurance policies.798799    I have participated in settlements and payouts that have800restored well over $1 billion to protect the retirement801security of America's workers. From these experiences, I have802learned how to improve America's voluntary employee benefit803system. I was a lawyer. I led a corporate turnaround, and then804I led a successful startup.805806    If I am confirmed by the Senate, I will work hard to807unleash and unlock the creativity and full potential of808America's employee benefit system. But none of this will happen809until we improve EBSA's enforcement and provide regulatory810clarity on key fiduciary issues. EBSA needs a major turnaround,811and I am an experienced turnaround manager with unique812fiduciaries expertise and experience.813814    First, we will end the practice of open-ended815investigations that go on for years. We will end bias against816ESOPs and other legitimate ways to expand retirement benefits817and ownership to America's workers. EBSA's enforcement will be818fair, even-handed, and efficient. Second, we will strive to819provide regulatory clarity so that plan sponsors have the820proper incentive to expand employee benefits.821822    Many issues, like mental health parity, private equity,823cryptocurrency, and ESG considerations in plan investments824require more clarity and consistency with less burden to plan825sponsors. We will end the era of regulation by litigation by826providing clear and effective fiduciary guidance.827828    We will restore discretion to plan fiduciaries as Congress829intended in the ERISA statute, so that fiduciaries, not the830Government or plaintiff lawyers, decide what is best for831America's participants. Third and finally, I will champion the832cause of encouraging plan sponsors, once we give them even-833handed enforcement and regulatory clarity, to expand retirement834and healthcare benefits to America's workers.835836    With the regulatory burden and litigation risk reduced, we837will unlock the full potential of the voluntary employee838benefit system. Thank you for considering my nomination. I want839to get to work into what I consider the best job in the Federal840Government. Thank you.841842    [The prepared statement of Mr. Aronowitz follows.]843                 prepared statement of daniel aronowitz844    Thank you Chairman Cassidy, Ranking Member Sanders, and Members of845the HELP Committee. Thank you for considering my nomination to lead the846Employee Benefit Security Administration. I also thank President Trump,847Secretary Chavez-DeRemer, and Deputy Secretary Sonderling for848nominating me.849850    My name is Daniel Aronowitz, and I am supported today by my wife851Jeanine Aronowitz; my 17-year-old daughter Amanda, who is a student at852The New School in Fairfax, Virginia; and my 15-year-old son Isaiah, who853attends New Focus Academy in Heber City, Utah.854855    I have been a champion of employee benefit plans my entire career.856I have lived the American dream of starting, leading, and building857great businesses in the fiduciary arena. I am now ready to give back to858my country, drawing on my unique private industry experience, to859protect and enhance the retirement and health security of America's860workers.861862    After graduating from Ohio State University on a Rotary scholarship863and from Vanderbilt School of Law, I spent the first part of my career864representing management liability insurance companies as a lawyer,865including as a partner at Shaw Pittman, one of DC's leading law firms.866867    I then had the privilege to lead a turn-around of the union-owned868Ullico Casualty Company. At Ullico, my team built the Nation's leading869fiduciary insurance market to protect multiemployer and governmental870trustees and benefit plans. We developed insurance products to help871grow the labor movement, with innovative workers' compensation captives872to support union apprenticeship programs and training centers, and873surety bonds to grow unionized construction projects.874875    I next founded Euclid Fiduciary in 2011, which our team grew from a876startup to become a premier fiduciary liability underwriting company.877Now called Encore Fiduciary, my former company protects the most878sophisticated and complex employee benefit plans in the country,879including Fortune 500 companies, leading union and governmental plans,880and innovative MEWAs and association health plans that are expanding881employee benefit access to a new generation of the independent882workforce. We built our underwriting company on superior fiduciary883expertise and thought leadership, with our Fid Guru Blog read by884thousands of benefit plan professionals. We then sold our underwriting885company to the largest private equity insurance firm in the country. We886lived the American dream of building a company from scratch and887monetizing our efforts. And every Euclid employee participated in the888financial reward of our successful exit.889890    I have participated in the most important fiduciary events in the891last three decades, including the Enron and WorldCom scandals, the892Capital Consultants and Madoff Ponzi schemes, the city of Detroit893bankruptcy, and the 2008 financial crisis. I have participated in894hundreds of Department of Labor, PBGC, and Internal Revenue Service895audits. My job--my mission--was to protect plan fiduciaries and plan896assets to ensure and safeguard the accounts of every plan participant897and worker insured by my company's fiduciary, crime and cyber insurance898policies. I have participated in settlements and payouts that have899restored well over one billion dollars to protect the retirement900security of American workers.901902    I have learned from all of these experiences: I was a lawyer; I led903a corporate turn-around; and then I led a successful startup. It has904given me unique insights into how to better protect and expand the905retirement and health security of American workers. I have learned how906to improve the enforcement capabilities of EBSA. Most importantly, I907have learned the key issues that have stifled the potential of the908employee benefit system, including limitations in the Employee909Retirement Income Security Act.910911    If I am confirmed by the Senate and am given the privilege and912opportunity to lead EBSA, I will work hard every day to unleash and913unlock the creativity and full potential of America's employee benefit914system. EBSA needs a major turn-around, and I am an experienced turn-915around manager with unique fiduciary expertise and experience. I have916three goals if given the opportunity to lead EBSA:917918    First, I will improve EBSA's enforcement of fiduciary law. We will919end the practice of open-ended investigations that go on for years. We920will end the bias against ESOPs and other legitimate ways to expand921retirement benefits and ownership to America's workers. And we will end922the regulatory abuse of common-interest agreements with plaintiff923lawyers. EBSA's enforcement will be fair, even-handed, and efficient.924925    Second, I will strive to provide regulatory clarity so that plan926sponsors have the proper incentive to expand employee benefits. There927are many issues that require regulatory clarity and stability so that928the system can function properly, including (1) modernizing defined929contributions plans to include alternative investments, such as private930equity and cryptocurrency; (2) the consideration of ESG-factors; (3)931the fiduciary rule as applied to IRA rollovers; (4) mental health932parity; (5) plan forfeitures; (6) pension risk transfers; (7) tobacco933and vaccine surcharges and wellness programs; (8) managing pharmacy934benefit managers and health-care costs; and (9) cybersecurity to935protect participants assets--just to name a few key issues. We will end936the era of regulation by litigation by providing clear and effective937rules for America's employee benefit system. We will restore discretion938to plan fiduciaries as Congress intended in the ERISA statute, so that939fiduciaries, not the government or plaintiff lawyers, decide what is940best for plan participants.941942    Third, I will champion the cause of encouraging plan sponsors--once943we give them even-handed enforcement and regulatory clarity--to expand944retirement and health care benefits to America's workers. I will945champion expanding retirement and health plan access to America's946independent contractor workforce, which includes association health947plans. I will also champion the cause of better mental health benefits948to America's workers. But none of this will happen until we provide949regulatory clarity and eliminate the ERISA litigation abuse that is950turning benefit plans into liability traps. I also look forward to951working with Congress for legislative changes needed to end litigation952abuse, and to meet the challenges of the modern economy and workforce,953including the coming wave of artificial intelligence and its impact on954American workers.955956    Thank you for considering my nomination and how I can use my unique957management and fiduciary experience to improve the employee benefit958system. I want to get to work in what I consider the best job in the959Federal Government.960                                 ______961962    The Chairman. Thank you, sir. Last, we are joined today by963David Keeling, President Trump's nominee for Assistant964Secretary of Occupational Health and Health--Occupational965Safety and Health Administration, or OSHA, of the Department of966Labor.967968    If confirmed, Mr. Keeling will lead the agency that is969responsible for ensuring safe workplaces for American workers.970He started his career as a part-time package handler and worked971his way up to leading workplace safety efforts for significant972employers.973974    He is a graduate of the University of Louisville. We look975forward to hearing from you today, sir, and thank you for976joining us.977978           STATEMENT OF DAVID KEELING, LOUISVILLE, KY979980    Mr. Keeling. Thank you, Chairman Cassidy, Ranking Member981Sanders, and esteemed Members of this Committee. I am honored982to appear before you today as a nominee for Assistant Secretary983of Labor, overseeing the Occupational Safety and Health984Administration. I want to express my deepest gratitude to985President Donald J. Trump and Secretary Lori Chavez DeRemer for986entrusting me with this significant responsibility.987988    It is a privilege to be considered for the role that plays989such a crucial part in serving our Nation, our workers, and our990citizens. On a personal note, I would like to thank my family,991friends, and colleagues for their support.992993    My amazing wife, best friend and rock, Jamie Walker994Keeling, my son Charles, and daughter Bethany. Everyone has a995why. Why they get up in the morning, why we try harder each996day, and why we care about making the world a better place.997998    These three are my why. I would also like to thank my999parents, James David Keeling, Charlotte Crouch Keeling, and1000sister Becky Meade, as well as members of the Keeling Crouch1001Walker and Meade families who are here with us today or are1002sending prayers my way. God blessed me with a remarkable1003family.10041005    My outlook on life is in no small way a result of those two1006sets of loving parents and grandparents, James Hurdleen and1007Geneva Jenkins Keeling, Stanley and Evelyn Wilkerson Crouch,1008four angels who will ever be on my shoulder. Throughout my1009nearly 40 years in occupational safety and health, I have1010dedicated myself to ensuring that every worker goes home to the1011loved ones, healthy and whole at the end of each day.10121013    This passion was influenced by the death of my uncle,1014Lonnie Crouch, who died in a farming accident at the age of 17.1015I never had the opportunity to know my uncle, but the pain of1016his death caused--because of the pain his death, his name1017wasn't used every day. However, his loss is always there at my1018grandparents' house, an empty chair always present at the1019dinner table.10201021    In my time as a safety professional at UPSer for 37 years1022and a Teamster, I came to understand that nothing is more1023beneficial than collaboration between employees and employers.1024I have had the opportunity and responsibility to walk on far1025more concrete than carpet in my career. I have learned that the1026best source of safety improvement originates with the people1027who perform the job every day.10281029    These experiences have equipped me with a deep1030understanding of the challenges we face and importance of1031collaboration, transparency, and integrity. I want to take a1032moment to commend the dedicated career employees at OSHA, both1033past and present. I want to assure them that their passion is1034recognized and that they are greatly respected by their1035industry peers.10361037    I also want to reassure them that great opportunity lies in1038front of us. I believe that we have reached a crossroads in1039terms of OSHA's future in direction. My fear is that OSHA is at1040risk of losing its position as leadership in global health and1041safety space, not because of any failure on part of OSHA's1042people, but because of outdated systems and processes that have1043resisted past Administrations' efforts at common sense1044improvement. If confirmed, my goals are straightforward and1045simple.10461047    First, I hope not only to continue, but greatly accelerate1048the pace of modernization in the area of regulatory oversight1049and rulemaking, bringing to bear technologies and predictive1050analytics, which move beyond simple regulatory compliance and1051post-injury response to injury prevention through informed1052design.10531054    We must take advantage of existing global industry1055consensus standards, which have gone through much more rigorous1056review, regular updating, and continuous improvement than have1057many of OSHA's existing rules. It will not come as a surprise1058to this Committee that many of OSHA's existing standards have1059become antiquated or unusable in the face of modernization or1060technological advancements within the workplace.10611062    Second, expanding OSHA's leadership in the areas of1063cooperation and collaboration between professional groups,1064companies, and unions. We all want the same thing, although we1065differ sometimes on what the best road is to get there. We must1066move beyond existing silos and self-imposed barriers to achieve1067real improvement. Further, we must modernize and update1068existing voluntary protection programs.10691070    The current VPP programs provide a basic platform, but it1071is only a start. Critical work needs to be done in this area to1072achieve successful outcomes. I truly believe that greatness in1073employee and health and safety is worth pursuing. My third and1074final goal relates to OSHA enforcement transformation.10751076    Technology exists today which wasn't available to OSHA when1077it was really put into place in the 1970's. We now have the1078ability to use existing data to greatly enhance onsite safety1079efforts through predictive analytics.10801081    We must engage at-risk employers and employees through1082proactive risk mitigation and reduction programs before a work1083site tragedy has taken place or a fatality has occurred. We1084should never get to the work site after it is too late. If1085confirmed, I am committed to working with each of you so that1086no family sits down at the dinner table with an empty chair.10871088    I believe that by working with this Committee and the1089stakeholders across the ideological spectrum, we can achieve1090real and meaningful progress, and I hope to achieve these goals1091with your help. I welcome the opportunity to address your1092questions and discuss how my vision aligns with priorities of1093this Committee and constituent workforces we serve.10941095    Thank you for your time, and I look forward to the1096discussion.10971098    [The prepared statement of Mr. Keeling follows.]1099                  prepared statement of david keeling1100    Thank you, Chairman Cassidy, Ranking Member Sanders, and esteemed1101Members of the Committee. I am honored to appear before you today as1102the nominee for Assistant Secretary of Labor overseeing the1103Occupational Safety and Health Administration. I want to express my1104deepest gratitude to President Donald J. Trump and Secretary of Labor1105Lori Chavez DeRemer for entrusting me with this significant1106responsibility. It is a privilege to be considered for a role that1107plays such a crucial part in serving our Nation, our workers and our1108citizens.11091110    On a personal note, I would like to thank my family, friends and1111colleagues for their support. My amazing wife, best friend and rock,1112Jamie Walker Keeling, my son Charles and daughter Bethany. Everyone has1113a ``why'. Why we get up in the morning, why we try harder each day and1114why we care about making the world around us a better place. These1115three are my ``Why''.11161117    I would also like to thank my parents James David Keeling,1118Charlotte Crouch Keeling and sister Becky Meade as well as members of1119the Keeling, Crouch, Walker and Meade families who are here with us1120today or are sending prayers my way. God has blessed me with a1121remarkable family. My outlook on life was in no small way a result of1122two sets of loving grandparents; James Hertlein and Geneva Jenkins1123Keeling; Stanley and Evelyn Wilkerson Crouch. Four angels who will1124forever be on my shoulder.11251126    Throughout my nearly 40 years in occupational safety and health, I1127have dedicated myself to ensuring that every worker goes home to their1128loved ones healthy and whole at the end of each day. This passion was1129influenced by the death of my uncle; Lonny Crouch, who died in a1130farming accident at the age of 17. I never had the opportunity to know1131my uncle. Because of the pain his death caused, his name wasn't used1132every day. However, his loss was always there in my grandparents'1133house, an empty chair always present at their dinner table.11341135    In my time as a safety professional, UPSer for 37 years, and1136Teamster, I came to understand that nothing is more beneficial than1137collaboration between employers and employees. I have had both the1138opportunity and the responsibility to walk on far more concrete than1139carpet in my career. I have learned that the best source of safety1140improvements originates with the people who perform the job every day.1141These experiences have equipped me with a deep understanding of the1142challenges we face and the importance of collaboration, transparency,1143and integrity.11441145    I want to take a moment to commend the dedicated career employees1146of OSHA both past and present. I want to assure them that their passion1147is recognized and that they are greatly respected by their industry1148peers. I also want to reassure them that great opportunity lies in1149front of us.11501151    I believe that we have reached a crossroad in terms of OSHA's1152future and direction. My fear is that OSHA is at risk of losing its1153position of leadership in the global health and safety space. Not1154because of any failure on the part of OSHA's people, but because of1155outdated systems and processes that have resisted past Administrators'1156efforts at common sense improvement. If confirmed, my goals are1157straightforward and simple.11581159    First, I hope to not only continue, but greatly accelerate, the1160pace of modernization in the area of ``Regulatory Oversight and1161Rulemaking'', bringing to bare technology and predictive analytics,1162which move beyond simple regulatory compliance and post-injury1163response, to injury prevention through informed design. We must take1164advantage of existing global industry consensus standards which have1165gone through much more rigorous review, regular updating, and1166continuous improvement than have many of OSHA's existing rules. It will1167not come as a surprise to this Committee that many of OSHA's existing1168standards have become antiquated or unusable in the face of job1169modernization or technological advancements within the workplace.11701171    Second, expanding OSHA's leadership in the areas of industry1172``Cooperation and Collaboration'' between professional groups,1173companies, and unions. We all want the same thing, although we sometime1174differ on the best road to get there. We must move beyond existing1175silos and self-imposed barriers to achieve real improvement. Further,1176we must modernize and update existing Voluntary Protection Program's.1177The current VPP programs provide a basic platform, but it is only a1178start. Critical work needs to be done in this area to achieve1179successful outcomes. I truly believe that greatness in employee safety1180is worth pursuing.11811182    My third and final goal relates to OSHA ``Enforcement1183Transformation''. Technology exists today that wasn't available to us1184when OSHA processes were originally put into place in the 1970's. We1185now have the ability to use existing data to greatly enhance onsite1186safety efforts through predictive analytics. We must engage at-risk1187employers and employees through proactive risk mitigation and reduction1188programs before a worksite tragedy has taken place or fatality as1189occurred. We should never get to a worksite after it is too late.11901191    If confirmed, I am committed to working with each of you so that no1192family sits down to dinner at a table with an empty chair. I believe1193that by working with this Committee and stakeholders across the1194ideological spectrum, we can achieve real and meaningful progress, and1195hopefully achieve these goals.11961197    I welcome the opportunity to address your questions and to discuss1198how my vision aligns with the priorities of this Committee and the1199constituent workforces we serve.12001201    Thank you for your time, and I look forward to our discussion.1202                                 ______12031204    The Chairman. Thank you. I will begin. Dr. Schwinn, when1205President Trump nominated you, he said that ``you have a strong1206record of delivering results for children and families and are1207committed to delivering the American dream to the next1208generation by returning education back to the states.''12091210    Very quickly, because I have limited time, the President1211trusts your leadership and judgment. Tell me why you think he1212selected you to be the Deputy Secretary of Education and be1213concise.12141215    Ms. Schwinn. Absolutely. Thank you, Mr. Chairman. When I1216met with the President, he said he wanted a strong outcomes1217oriented conservative education leader who shared his vision to1218make the United States the No. 1 country in the world related1219to student outcomes.12201221    We talked about school choice, we talked about literacy,1222and we talked about how to make America the highest performing.1223And he looked at my track record on all of those issues, saw1224that we had done incredible work in Tennessee, and what I could1225do to take my management experience and make that real for 501226million children in this country.12271228    The Chairman. Under this Administration, the department has1229been very clear about efforts to make sure that Federal funding1230does not support violations of Federal civil rights1231protections, including the use of divisive race-based ideology,1232the promotion of leftist ideology, and undermining parental1233rights around abortion, sex education, and transgender issues.12341235    If confirmed, can you commit that you are aligned with1236President Trump's policy agenda on these issues? And please1237elaborate on your record at the state and local level on these1238issues.12391240    Ms. Schwinn. Thank you for the question, Mr. Chairman.1241These were also issues that I discussed with the President and1242also with Secretary McMahon. In Tennessee, to give specific1243examples, under my tenure there, a number of laws and policies1244were passed both by the Governor and the General Assembly.12451246    We passed laws within that state looking at divisive1247materials and ideologies in the classroom related to1248instructional materials, as well as the implementation of those1249laws. My responsibility was to implement the laws as passed,1250something that I am very, very committed to in alignment--and1251those laws were in alignment with President Trump's agenda and1252the Executive Orders that have been put out.12531254    My responsibility in my role as commissioner was to ensure1255that, one, there was strong local authority so that local1256communities, families, students had an opportunity to weigh in1257on what was appropriate for their local communities. Two, they1258had the opportunity to ensure that they had an appellate1259process so that the state was there to ensure that the law was1260being enforced as intended.12611262    But three, the consequences for not following the law. In1263Tennessee, those consequences, if you did not follow the law,1264were pretty severe. If you refused to do that, it was a $11265million fine on the first infraction, up to $5 million and 101266percent of your state funds on the fifth infraction.12671268    We took it very, very seriously in the state. That1269continues to be the policy. And that is because we believe1270very, very clearly that we need to teach the standards. We need1271to make sure students are reading on grade level, able to do1272math on grade-level, and empowered to do what they want to do1273when they graduate from high school.12741275    The Chairman. Okay. Then I will--this next and then we go1276to you and doctor--and Ms. Richey, I am sorry. According to NIH1277sponsored research, almost 20 percent of the population is1278dyslexic, meaning they learn to read differently. And despite1279it being the most prevalent specific learning disability,1280students are rarely tested.12811282    Now, studies have shown that children who suffer from1283undiagnosed dyslexia have lifelong harm with lower career1284ranges, reduced graduation rates, and increased rates of1285incarceration. As the Department of Education streamlines1286educational funding, how can we ensure that resources are there1287to identify and address an issue, specifically speaking of1288dyslexia?12891290    Ms. Schwinn. If you don't mind, I will go ahead and speak1291specifically to that. I couldn't agree more. Addressing1292dyslexia at the earliest ages, especially characteristics of1293dyslexia, is one of the most important things we can do to1294ensure that our students are reading on grade level by that1295critical third grade measure.12961297    One of the things that we did in Tennessee was we included1298characteristics of dyslexia in our education formula so that it1299was funded as part of the special education disability1300categories. We increased funding for special education1301specifically to address that issue using existing state1302funding.13031304    No. 2 is we increased assessment to have that early1305indication and warning. And I think one of the things that we1306can do at the Federal level is to support all of our states and1307territories with guidance on how they can empower themselves1308from the laws and policies that work best within their local1309communities.13101311    Being able to share Mississippi, Louisiana, some of the1312great work that has happened in Florida and Indiana, Tennessee.1313Sharing those best practices to see how we actually grow at a1314faster rate on areas like characteristics of dyslexia will be1315incredibly important.13161317    The Chairman. I am out of time, but I may come back, Ms.1318Richey, at the end of--after. I don't want to hold other people1319up.13201321    Senator Baldwin.13221323    Senator Baldwin. Thank you. Mr. Keeling, the Nation's1324nurses face challenging working conditions that are too1325frequently exacerbated by instances of workplace violence. It1326is a financial issue for our healthcare system as well.13271328    The American Hospital Association released a report just1329this week that states hospitals spent more than $18 billion in13302023 on costs associated with managing workplace violence. We1331had a chance to talk about workplace violence when we met1332earlier this year, and I appreciated hearing that you take this1333issue very seriously.13341335    My Workplace Violence Prevention for Health Care and Social1336Services Workers Act would address this issue through1337Congressional action. And the Department of Labor currently1338plans to issue a notice of proposed rulemaking in June, now1339this month of this year, for the workplace violence in1340healthcare rulemaking.13411342    Do you commit to getting this proposed rule issued and1343finalized as soon as you are confirmed?13441345    Mr. Keeling. Senator Baldwin, thank you for that. And I do1346appreciate the time we were able to spend in your office. Thank1347you very much for that.13481349    As I mentioned earlier, I actually have two family members1350here today who are involved in home health care or health care1351at facilities right now. So, absolutely. I see it as being an1352opportunity for--massive opportunity for improvement, and I1353look forward to working with your office on it.13541355    Senator Baldwin. Thank you. Ms. Richey, in 2020, the1356Supreme Court ruled in the Bostock v. Clayton County case that1357the word sex in Title VII of the Civil Rights Act encompasses1358protections based on sexual orientation and gender identity.1359Justice Gorsuch wrote the opinion which ruled that it is1360illegal to discriminate against someone in the workplace for1361being gay or transgender.13621363    The Department of Education released guidance in 2021 in1364response to this opinion while you were serving as Acting1365Assistant Secretary. In fact, I have a letter here that you1366sent regarding a student's complaint where you stated, and I1367quote, ``Title IX does not mention discrimination on the basis1368of a student's sexual orientation.'' Both Title VII and Title1369IX prohibits discrimination on the basis of sex, yes?13701371    Ms. Richey. That is correct, Senator. I think the language1372is different.13731374    Senator Baldwin. Do you still stand behind the Department1375of Education's interpretation of Title IX while you were there1376previously?13771378    Ms. Richey. Senator, in order to answer that question, I1379really need to provide the full answer and the full scope of1380how the department implemented the Bostock opinion. It is a1381little more complicated than that. May I have a moment to do1382that?13831384    Senator Baldwin. Well, I think your letter speaks for1385itself. It says, Title IX does not mention discrimination on1386the basis of a student's sexual orientation. This was a1387complaint filed by a child based on discrimination in school1388based on sexual orientation.13891390    Ms. Richey. Senator, there are also two letters of1391complaints that I did open following the Bostock opinion in1392response to complaints that had been filed with OCR alleging1393sexual orientation and gender identity.13941395    We did take the Bostock analysis. We did identify a path1396forward for applying Bostock to OCR cases in certain situations1397and in certain circumstances. The only area where--under the1398first term where we said that it did not apply consistent with1399Bostock was in regards to athletics, to locker rooms, and to1400restrooms. There was a path forward to apply Bostock in all1401other cases.14021403    Senator Baldwin. Is it accurate to say that you believe1404that LGBTQ students do or do not have protections against1405discrimination in schools? What is your position?14061407    Ms. Richey. Senator, my position is that students who file1408complaints with OCR alleging discrimination on the basis of1409sexual orientation and gender identity, those cases would be1410investigated by OCR consistent with Title IX, with the Bostock1411case, and with OCR's regulations.14121413    Senator Baldwin. Well, I want to just put for the record,1414especially given your written comments on this earlier, that in14152021, the National School Climate Survey found that--I am1416sorry, 58.9 percent of LGBTQ students experience discriminatory1417policies or practices at school. And we know that LGBTQ kids1418are four times more likely to attempt suicide than their peers.1419These kids are in dire need of protection against1420discrimination. If confirmed, I hope you will act in the best1421interests of all children.14221423    The Chairman. Coach Tuberville.14241425    Senator Tuberville. Thank you, Mr. Chairman. Thanks for all1426of you willing to serve. It is a privilege to have you all1427here. Dr. Schwinn, I wonder if people can give the definition1428of national emergency. That is what we have in our education1429system. It is pitiful. I have been in it 35 years, and it is1430getting worse.14311432    The last 4 years, we just brushed over the problems. Didn't1433try to correct any. I would hope that you would be really1434involved in this. Our kids can't read and write--the majority1435of them. It is a disaster. It is a shame. It is criminal, to be1436honest with you.14371438    Would you please get that out of the classroom, because1439kids can learn when they are looking at a text? I am sick of1440hearing about we need those in the classroom. Let's take our1441schools back.14421443    We have given it over to the people that actually don't1444want to educate our kids. So, thanks for your background in1445educational agencies. And if confirmed, I hope you would assist1446Secretary McMahon in executing at the more local level. Can you1447address that?14481449    Ms. Schwinn. Absolutely and thank you for that. I couldn't1450agree more as the parent of a 13-year-old. So, absolutely, one1451of the things that we did in Tennessee that I think was the1452secret sauce and has been over a long period of time is that1453locals know what is best for their communities and their1454students.14551456    Memphis, Tennessee, and Lake County, Tennessee are three to14574 hours apart and could not be more different. My home State of1458California and my adopted home State of Tennessee could not be1459more different. We need to make sure that locals are empowered1460to make the best decisions for their students.14611462    When the money is closest to the child, when the decisions1463are closest to the child, we can best serve the child. And I am1464completely aligned with Secretary McMahon to ensure that we can1465help our states and our local communities to make the best1466decisions for their students in their communities.14671468    Senator Tuberville. School choice should be an option. I1469have been in many inner city schools, and for some reason, a1470lot of my colleagues do not want to educate kids in the inner1471city. School choice is a--should be mandatory in a lot of our1472inner cities, because they can't read and write. And if you1473can't read and write, you cant take advantage of the greatest1474country ever.14751476    Ms. Richey, Title IX, Protection of Women and Girls in the1477Sports Act is what I have been trying to get passed for years.1478It makes no sense to me what is going on. I mean, we got a huge1479problem if we can't define the difference of men playing in1480women's sports. It is dangerous.14811482    We all know that. I mean, it is something that we better1483get it straight, because little girls aren't going to get into1484sports, and we are not going to have women's sports 10, 151485years from now.14861487    We have got entire high school teams that are made now of1488transgender boys that can't figure out that they are not1489supposed being that. That it is for women. What is your1490thoughts on that?14911492    Ms. Richey. Yes, sir. Thank you, Senator, for the question.1493I grew up playing basketball. I played into college. I could1494not have competed against biological men. It just was not1495something that I would have been able to do.14961497    One of the things I am really proud of under the first term1498is that OCR investigated and took to enforcement one of the1499very first cases initiated by the Federal Government, which1500actually determined that policies that allow students to1501participate based on sexual orientation or gender identity1502actually violated Title IX because they deprived women and1503girls of the opportunity to participate in athletics.15041505    I am very proud of that. I am proud of the way that the1506Secretary and the President have prioritized this issue, and I1507am certainly committed to vigorously enforcing it and1508continuing to pursue these cases.15091510    Senator Tuberville. Thank you. We have got the Olympics1511here in a couple of years, a few years, in L.A. We are going to1512be a joke if we allow that to happen. We are on the world1513stage, so hopefully we come to our senses by that time and show1514the little girls that, yes, you do have an opportunity.1515Freedom, Financial Freedom Act. I think you are, Mr. Aronowitz,1516are familiar with that.15171518    The Biden administration pretty much prohibited being able1519to put your finances where they want to at the end of the day,1520and I have been trying to get that passed. Would you commit to1521supporting legislation that would provide Americans the freedom1522to invest their own money to how they see fit?15231524    Mr. Aronowitz. Yes. [Technical problems]--decide what is in1525retirement plans, not Government bureaucrats, not plaintiff1526lawyers, no one. Fiduciaries know what is best, and I am1527committed to that.15281529    Senator Tuberville. Thank you. Thank you, Mr. Chairman.15301531    The Chairman. Thank you, coach. And coach always brings his1532experience as a coach to the playing field, and I appreciate1533that.15341535    Senator Murray.15361537    Senator Murray. Thank you very much, Mr. Chairman. Welcome1538to all of you. For nearly 160 years, the Federal Government has1539published the Condition of Education Report, which is really1540critical to help us understand how students in schools are1541doing. But this year, for the first time ever, the National1542Center for Education Statistics missed its June 1st deadline to1543publish the report, which is actually required by law.15441545    This happened after the department fired almost all of the1546National Center for Education's statistics staff and canceled1547contracts that were needed to complete that work. Now, all we1548have is a bare bones highlight document with no explanation to1549Congress or to the public, and that is really unacceptable.15501551    Students, families, teachers all deserve to see a full1552report. And this is not just about one report. NCES is also1553responsible for administering the National Assessment of1554Educational Progress, NAPE, which you referred to, Dr. Schwinn,1555also required by law, as you know. I have written the Secretary1556on this issue and not yet received an adequate response, and1557the department has not yet provided a promised briefing to me1558on NAPEs.15591560    Dr. Schwinn, I wanted to ask you, if you are confirmed,1561will you ensure that NCES finally and fully and promptly1562produces a complete Condition of Education Report and has the1563staff that it needs to carry out all of its statutory required1564duties including NAEP?15651566    Ms. Schwinn. Thank you for the question. If confirmed, I1567will absolutely ensure that we follow all of the laws that you1568all have passed, and certainly want to reinforce our commitment1569to NAEP and its full execution.15701571    Senator Murray. I appreciate that. Well, clearly the1572decimation of NCES has compromised its ability to provide the1573data that we in Congress and the public rely on. So I hope that1574you will work to see that those cuts are reversed because we1575can't afford to fly blind when it comes to knowing how our1576students, schools and--students and our schools are doing. So,1577I look forward to working with you on that.15781579    Ms. Schwinn. Thank you, Senator.15801581    Senator Murray. Dr. Schwinn, the bipartisan Every Student1582Succeeds Act, which we wrote on this Committee under Senator1583Alexander--I helped write that as well with him. It requires1584states to identify and support their most struggling schools.15851586    But according to the GAO now, less than half of the schools1587that were identified for additional support have compliant1588improvement plans. The department has only reviewed three out1589of five states total so far this year, with no plans for1590further oversight.15911592    It is really hard to imagine that the rate of review1593improves because of the massive cuts we have seen across the1594department. So I wanted to ask you, what is your proposal to1595improve the department's rate of view and therefore help our1596Nation's struggling schools and students?15971598    Ms. Schwinn. Thank you for the question. I think the most1599important thing in your question is to say that there must be a1600commitment to ensuring that our most struggling schools improve1601because our students deserve that.16021603    If confirmed, one of my top priorities is going to be1604looking at any of the departments within the Department of1605Education and ensuring that we know our statutory obligations,1606certainly to Congress, that we have the most efficient1607practices in place, and that we meet our obligations. And I1608look forward to working with you on any of those.16091610    Senator Murray. Would you commit to publicly reporting the1611department's monitoring findings and state responses so1612Congress and educators and students and families can see where1613the struggling schools are?16141615    Ms. Schwinn. I would certainly want to discuss that with1616Secretary McMahon, but I would absolutely want to work with1617your office on that project. Thank you for that suggestion.16181619    Senator Murray. Okay, thank you. Ms. Richey, do you believe1620that the staff at OCR are important to protect students' civil1621rights?16221623    Ms. Richey. I do, Senator.16241625    Senator Murray. Do you believe that every complaint must be1626investigated in a timely way?16271628    Ms. Richey. I do.16291630    Senator Murray. Well, earlier this week, Secretary McMahon,1631appearing before another committee, told me that the current1632backlog is 2,500 cases. The department later clarified to me1633that it is actually a 25,000 backlog.16341635    This Administration has fired more than half of the staff1636at OCR, and President Trump is now asking his budget to slash1637that by $49 million next year. So explain to me how those1638firings and that funding cut will help reduce that backlog. I1639want to be--I want to understand how you are going to square1640that circle.16411642    Ms. Richey. Yes. Thank you so much for that question,1643Senator, and the opportunity to weigh in. As you can imagine,1644as a nominee, I do not have access to information with regard1645to the decisions that are being made at the department. I am1646not in communication with OCR leadership or the Secretary.16471648    One of the reasons why this role is so important to me is1649because I am always going to advocate for OCR to have the1650resources that it needs to do its job. So, I think that what it1651means is that I am going to have to be really strategic if I am1652confirmed stepping into this role, helping come up with a plan1653where we can address these challenges.16541655    Senator Murray. Okay. Well I think it is pretty clear, if1656you have a 25,000 case backlog and you fire half the staff, cut1657the budget by 36 percent, it is going to be pretty hard to get1658those cases through. Thank you, Mr. Chairman.16591660    The Chairman. Senator Moody.16611662    Senator Moody. Thank you, Mr. Chairman. I hope you are1663feeling better.16641665    The Chairman. Thank you.16661667    Senator Moody. Thank you to all of you for being here1668today. Certainly this is hard on not only you to prepare and go1669through, but I know your families. And thank you for your1670families for being here and your supporters for standing strong1671with you as you face some really challenging questions, but the1672roles will be no less challenging.16731674    This is a good testament to how you will perform in your1675roles, so welcome to the Senate. You were called all of you to1676lead important offices and it is no surprise that you all are1677well qualified. I have been amazed at the talent that this1678Administration has attracted, and I thank you.16791680    To answer the call of public service is not only a1681sacrifice for you, but also for those that are at home when you1682go home at night. So, thank you to your families. I am excited1683to see another Floridian taking on a leadership role here in1684DC. Ms. Richey not only served previously in the U.S.1685Department of Education, but also in the Florida Department of1686Education.16871688    They have brought so much of the Florida leadership here to1689DC, I think it snowed the third week in January in Florida,1690historically. So, it is good to see you. Too much sunshine up1691here. It is never a bad thing. Unlike previous years, President1692Trump has come in immediately and is shining a light on1693Antisemitic chaos and crime on our campuses. For that, we are1694all grateful.16951696    Whether it is by withholding Federal funding or by moving1697to revoke the accreditation of failing institutions, the1698message is clear that institutions must ensure the safety of1699their students on campus and not allow Antisemitism or1700violation of civil rights to go unchecked. This is something1701that I think all of us sat in horror as we watched on our1702campuses, as it played out on TV, and then as we heard the1703calls for help coming in.17041705    Certainly in Florida, we took a very strong approach to1706make sure that not only our law enforcement understood crimes1707that were being committed and took appropriate action. That our1708prosecutors understood we couldn't let those that were1709committing crimes right back out, right back on campus.17101711    That is very important. But also a follow-up to make sure1712that leadership is not continuing to either promote or allow1713for a violation of civil rights. That is so important. And I1714think it is probably no surprise that I want to talk to you,1715Ms. Richey.17161717    This morning, I filed a proposed bill called the Reclaim1718Act, and it is a way to give the Administration another tool to1719go after those universities that are allowing the violation of1720Civil Rights by taking back taxpayer dollars to ensure1721Americans are not funding institutions that continue to foster1722Antisemitic crime or behavior--really I believe anti-American1723behavior. And I believe that each of you in your roles can help1724play a part of this.17251726    But Ms. Richey, I would like to ask you in your capacity as1727Assistant Secretary for the Office of Civil Rights, you will be1728tasked with continuing to hold those institutions of higher1729education accountable for failures in light of some of these1730violations of civil rights. I know this is a priority for this1731Administration. Have you contemplated, or how do you expect on1732day one in your official capacity of addressing?17331734    Ms. Richey. Yes. Thank you so much, Senator, for the1735question and for your leadership on this issue. I should say1736first, right, that with the recent tragedies that we have seen1737in Colorado and even with the shootings here in DC, that those1738incidents are emblematic of the horrific acts that the Jewish1739students are facing across the country.17401741    I am so appreciative of the forcefulness that the1742Administration is using. It is merited. In this environment, it1743is merited, and it is necessary. This will continue, fighting1744Antisemitism will continue to be a priority for me. I think1745there is a lot of tools in OCR's toolbox that we can use to1746fight Antisemitism.17471748    You are already seeing directed investigations and1749compliance reviews to target certain schools, certain1750universities. To put this issue at the forefront I think we1751need to look at issuing guidance in a post-October 7th world,1752right. The climate is very different than what it was 5 years1753ago, 4 years ago, 3 years ago.17541755    I think we could look at amending the Title VI regulations1756to specifically address Antisemitism. One of the things that I1757feel like is my strength is the opportunity to partner across1758the department.17591760    I have done it with restraint and seclusion. I have done it1761with sexual assault in K-12. This is an area where I would want1762to partner with the post-secondary education office to see in1763what ways we can use their tools and OCR's tools to really1764vigorously enforce Title VI.17651766    Senator Moody. I think that completes my time, Mr.1767Chairman. Under time.17681769    The Chairman. Thank you, Senator Moody.17701771    Next is Senator Blunt Rochester.17721773    Senator Blunt Rochester. Thank you, Chairman Cassidy. And1774thank you to all of the nominees and your families. I would1775like to follow-up on some questions from Senator Baldwin and1776Senator Murray. Starting with you, Ms. Richey.17771778    In March of this year, the Department of Education closed 71779of its 12 civil rights enforcement offices, including the1780Philadelphia office, which serves my State of Delaware. And at1781the time, it was reported that there were more than 6,500 open1782cases across this region, and 811 open cases in the1783Philadelphia office alone.17841785    I guess I want to start off by recognizing that if we are1786closing offices, if we are firing staff, and we already knew1787there was a backlog, first I would love to have a commitment1788from you that you inform Congress shortly after you are1789nominated, as well as those impacted individuals and families1790who are waiting and don't know where their cases are, what1791offices they are now going to?17921793    Would first like a commitment that will be a priority for1794you, should you be confirmed, to make sure you alert us, but1795also those impacted families on where did their cases go.17961797    Ms. Richey. Yes, thank you so much for the question,1798Senator. As I mentioned to Senator Murray, I am always going to1799advocate that OCR have the resources and the tools that it1800needs to do its job.18011802    Part of OCR's job is to openly and directly communicate1803with parents and families so that they know the status of their1804complaints. I am certainly committed to transparency with this1805body, and certainly to communicating with parents across the1806country.18071808    Senator Blunt Rochester. I understand that you are not in1809the position now, but I know you were acting in the position.1810You served as Acting Secretary. And I guess one of the1811questions I also have is, when you were there before, did you1812have the resources you needed before?18131814    I mean, does it make sense now to, if there was already a1815backlog, to then cut people and shutter offices? Do you have in1816your--first of all, that is the first question. Did you have1817what you needed before as a department?18181819    Ms. Richey. Yes, thank you. I am very proud of what we were1820able to accomplish under President Trump's first term. Holding1821Penn State accountable for Jerry Sandusky's sexual misconduct.1822Holding Michigan State responsible----18231824    Senator Blunt Rochester. I was just curious about like the1825ratio and the staffing. Did you have what you needed before?18261827    Ms. Richey. I don't recall the specific ratio to staff when1828it comes to complaints versus how they were dispersed across1829the staff. We effectively enforced civil rights laws, and that1830is what OCR should always do.18311832    Senator Blunt Rochester. Well, I appreciate your commitment1833to transparency and would love for you to also report back to1834Congress any information about caseload ratios of the remaining1835staff so that we can get a better understanding of how things1836are now compared to how things were before.18371838    We all know that the world has shifted online, meaning web1839accessibility is more important than ever, including for1840students with disabilities. And a recent survey found that only184110 percent of college faculty believe their college provides1842adequate tools to support students with disability, including1843online materials.18441845    In 2024, the Department of Justice issued new regulations1846under the ADA, requiring public schools, colleges, and1847universities to make their Web sites and apps accessible by18482027. And last month, this Committee even voted unanimously in1849favor of an amendment. I proposed to reaffirm that commitment1850to web accessibility for all students.18511852    Yet OCR cut half the staff focused on resolving digital1853accessibility complaints earlier this year. So it is hard for1854me, again, to think if we didn't have the resources before,1855cutting staff, shuttering offices, doing away with folks that1856are going to help provide accessibility will make things1857better.18581859    If you are confirmed, would you commit to having web1860accessibility be a priority, particularly in light of your own1861personal story that you shared? Will you devote resources and1862time to this issue?18631864    Ms. Richey. Thank you, Senator. I am very proud that under1865our previous--under the previous Administration, all the way1866dating back to the Bush administration, that we always1867prioritized web accessibility. We formed a specific team----18681869    Senator Blunt Rochester. This doesn't feel like a priority1870when we cut the people who make it possible.18711872    Ms. Richey. I think what is important is that even without,1873right, even without a specific law addressing web1874accessibility, Web sites have to be accessible currently under1875504, right. That is an existing legal requirement. So I am1876always going to enforce these laws.18771878    Senator Blunt Rochester. Exactly--exactly. So the answer is1879yes?18801881    Ms. Richey. Yes.18821883    Senator Blunt Rochester. The answer is yes. And last, if I1884could, just want to make sure, for Mr. Keeling, just a quick1885question. Do you commit to supporting OSHA's protection of1886whistle blowers, particularly from retaliation? Just a yes or1887no.18881889    Mr. Keeling. Absolutely.18901891    Senator Blunt Rochester. Thank you, and I yield back.18921893    The Chairman. Good job sneaking a question in, Senator1894Blunt Rochester.18951896    [Laughter.]18971898    The Chairman. I was asleep at the wheel.18991900    Senator Husted.19011902    Senator Husted. Thank you, Mr. Chairman. Mr. Aronowitz, I1903know that you are from a working class part of Ohio, so1904congratulations on your job. Very appropriate. I just--you1905mentioned something in your testimony about ESOPs. That is a1906great way to help businesses involve their employees, keep the1907legacy of those businesses in those communities.19081909    I encourage you to do all you can to help support those in1910your role. And I just wanted to say that to you. Don't need you1911to answer anything. I just want you to know that. Dr. Schwinn,1912you are going to get the rest of my time, Okay.19131914    Here is the thing. Everybody in education has a tough job.1915Because why? Because we love our kids. We want the best for our1916children. And I have been astonished over my time working on1917education my whole life, how policymakers want to stand in way1918of the judgment of parents over what the best path is for their1919children. Because all children learn differently.19201921    All children have different interests. I have visited1922hundreds and hundreds of schools over my time. They are STEM1923schools, art schools, charter schools, religious schools, tech1924cred, you name it. All of these different things that help1925prepare children for different pathways.19261927    I want to talk with you about the idea of freedom. We say1928we love freedom in this country. Educational freedom should be1929one that we embrace wholeheartedly. And when I was speaker of1930the house in Ohio, I created a program in 2005 called the Ed1931Choice Scholarship. It is a statewide voucher program now. It1932has over 160,000 children enrolled in it at some level.19331934    The Urban Institute recently conducted a study that showed1935that children who have a voucher in the Ed Choice Scholarship1936are 32 percent more likely to enroll in college than those who1937remained in the same public schools. So, it works. It doesn't1938mean that enrolling in college is the most important measure.1939The most important measure is getting a child prepared to do1940whatever they want to do.19411942    But it is a valuable measure, and it shows that male1943students, Black students, below median test score students, and1944families from low incomes benefit the most from those1945opportunities.19461947    I want to just ask you, what do you believe that you can1948do? First of all, do you believe in the philosophy that I just1949articulated? And two, how can you help advance that if you do1950indeed agree with it?19511952    Ms. Schwinn. Thank you for that question. And most1953importantly, as a parent and educator, thank you for your work1954and advocacy on behalf of students and families. So one, yes, I1955believe that certainly as the parent of three very, very1956different children, every child needs something different, and1957I believe school choice is a way to do that. There are a lot of1958different school models.19591960    Certainly there are traditional public schools, magnet1961schools, public charter schools, private schools, parochial1962schools, etcetera. And it is really up to local communities and1963states to figure out the policies that can be put into place to1964give parents as many options as possible so they can choose the1965best fit for their child.19661967    I think that is incredibly important with an outcomes1968orientation in mind because we have to do the best for 501969million kids. In my capacity, if confirmed as Deputy1970Commissioner, I think there are two or three things that I can1971do specifically to make that outcome more real for more1972families.19731974    No. 1, is states need to have a better sense of guidance1975about what is and is not possible with the use of dollars and1976current Federal policy. No. 2, is there are a lot of states1977doing an incredibly innovative and interesting work.19781979    That is everything from Miami Dade in Florida, who is1980building a classical model within their traditional public1981schools, to the State of Arkansas who is just on a universal1982school choice and voucher program. We can provide different1983states with models that fit their particular local communities.19841985    Then No. 3, I think one of the best things that we can do1986is we can provide more information, transparency, and action1987oriented information for families. Families need to make those1988decisions, not policymakers. The Government is not the parent.1989We need to empower parents to make the decisions and give them1990those choices.19911992    Senator Husted. Great. And I love that you have the1993Department of Labor and Department of Education here because1994you need to be connected, right. Because particularly with1995career tech.19961997    We have set a record for the number of children enrolled in1998career tech. Every job is going to require some type of1999technical training. It doesn't mean you have to go to college,2000though. There are so many ways to do it. I encourage you to2001lean in on career tech.20022003    But two final points I want to raise of some things that I2004have noticed over time is that one of the things that we have2005been doing in Ohio, and I know other states are doing it as2006well, get the smartphones out of the schools. I know we don't2007want to tell people how to do these things.20082009    There are policies to do it. But when you talk to2010principals who say, yes, as soon as I got the smartphone out,2011the lunchroom got noisy again because children are actually2012talking to one another. Discipline problems are down. Learning2013is up. Bullying is down. All of the things have dramatically2014improved.20152016    Then you mentioned the science of reading. It is abundantly2017clear. The facts are clear that it is the way to teach reading.2018What thoughts do you have on those two topics?20192020    Ms. Schwinn. No. 1, I would love to see cell phones be more2021restricted in schools, and frankly, I would love to have those2022companies provide the pouches and pockets for students to store2023them in.20242025    Second is, I believe that the science of reading should be2026in every single state, and more importantly, we should be2027focused on implementation. Your state has done an incredible2028job on that, as so many of the others have.20292030    We need to go further and faster and push harder on quality2031implementation and return on investment.20322033    Senator Husted. Thank you very much. Thank you, Mr.2034Chairman.20352036    The Chairman. Thank you Senator Husted.20372038    Senator Alsobrooks.20392040    Senator Alsobrooks. Thanks so much, Mr. Chairman. I have2041two questions. First of all, to all of our nominees, thank you.2042Congratulations, and thank you for being here today. I have2043questions for two of our witnesses.20442045    One is Mr. Keeling. I will begin with you. I just want to2046talk to you about the emergency response standard. Baltimore2047City Fire Department was left recently in mourning in recent2048weeks following the deaths of two of the bravest in the line of2049duty.20502051    In an interview with my staff, I know that you pushed back2052against the immediate need for an updated emergency response2053standard. And the proposed rule from OSHA would update what is2054now a nearly 50-year-old fire grade standard and improve safety2055and health protections for emergency responders.20562057    We know that the rule would require access to behavioral2058health resources and improve minimum standards for staffing,2059apparatus readiness, and protective clothing. So I wonder2060whether you believe that there is a need to increase workplace2061protections for firefighters.20622063    Mr. Keeling. All workers, including our emergency response2064service members, need to be able to return home healthy at the2065end of the day. So there is no disagreement at all there. I2066think when you look at the standard itself, there is a path2067through. So I didn't--if I came across as pushing back, that2068wasn't my intention. I think there is a path-through on that2069issue.20702071    But there are some concerns, I think, from volunteer fire2072departments and others coming in about how they make that work2073from a voluntary firefighter and a limited budget perspective.2074So I think there is a path through.20752076    I just don't know that, and I haven't been in contact with2077the career folks at OSHA yet, just being a nominee. I think2078that there is path forward. I just know if it is exactly as2079written right now.20802081    Senator Alsobrooks. Okay. Well, that is good to hear. And2082then, would you commit then to work toward really an immediate2083adoption of at least a slightly revised standard that minimizes2084detrimental effects on volunteer fire departments?20852086    Mr. Keeling. I will commit, Senator, that will be one of2087the first conversations I have with the career team, if I am2088confirmed.20892090    Senator Alsobrooks. Okay. And then just last, the concern,2091we have 350,000 members of the International Association of2092Firefighters who endorse Secretary Chavez DeRemer, but we are2093really concerned about mental health for our firefighters, and2094I wonder whether you believe that mental health issues are an2095occupational hazard for certain professions.20962097    We know that our fire department, for example, had to2098really take matters into its own hands, start its own center,2099the National Center of Excellence Treatment for PTSD. I wonder2100whether you believe this is an occupational hazard.21012102    Mr. Keeling. Absolutely, I do. I feel that it is something2103that, depending on the work that is done, the potential trauma2104or the situations that workers are put in, whether it is a2105fireman or a policeman--there is a number of health care2106workers we mentioned earlier. There is a number of workplaces2107out there where the stress needs to be considered.21082109    Senator Alsobrooks. Thank you. And finally and I know you2110weren't a part of this decision, but this Administration paused2111the firefighter cancer registry at the National Institute for2112Occupational Safety and Health. And we know that 70 percent of2113our line of duty deaths are due to occupational cancer.21142115    Just concerned about that. I want to just put that on your2116radar as well. I think it was the wrong decision. Ms. Richey, I2117just want to quickly also ask you a question. The2118Administration, as you have heard this morning, has slashed the2119Office for Civil Rights staff, but they have also signaled that2120there will be a reprioritization of case adjudication at the2121Office of Civil Rights, placing some forms of discrimination2122over others.21232124    First of all, do you agree that it is important for OCR to2125treat all forms of discriminations equally to ensure that we2126are sending the message that all forms of discrimination, all2127violations of the Civil Rights Act are unacceptable?21282129    Ms. Richey. Thank you, Senator, for the question. I do2130believe that all forms of discrimination, all complaints that2131are filed with OCR, that it is important to vigorously enforce2132all of the Federal laws that OCR is responsible for enforcing.21332134    Senator Alsobrooks. Okay. And so in that same vein, in your2135opinion then, is discrimination based on religion any worse2136than discrimination, for example, based on race?21372138    Ms. Richey. It is somewhat of a difficult question to2139answer, Senator, since the Office for Civil Rights does not2140have specific jurisdiction over religion. It is--for purposes2141of this office, it is almost like comparing apples and oranges.21422143    I think I would have to go back to my original statement,2144which is that any claim of discrimination is wrong. One student2145that is harmed for being discriminated against, that is enough,2146right. It is all wrong, and it should all be addressed.21472148    Senator Alsobrooks. Exactly. So then you would agree that2149discrimination based on race, religion, disability, ancestry,2150they are all equally important. There is no distinction in2151terms of their importance. All forms of discrimination are2152wrong.21532154    Ms. Richey. I don't disagree with that Senator, and I think2155that the Office for Civil Rights, is focusing on all2156complaints.21572158    Senator Alsobrooks. Thank you.21592160    The Chairman. Senator Murkowski.21612162    Senator Murkowski. Thank you, Mr. Chairman. And welcome,2163ladies and gentlemen. Thank you for your willingness to serve.2164I want to start with you, Dr. Schwinn. As you know, Alaska has2165the greatest number of Indian tribes in any state. And a lot of2166focus now on what more we can be doing on the education front.21672168    Alaska Native leaders and parents are really interested in2169doing more when it comes to self-determination over their2170children's education. In the last reauthorization of ESSA, I2171included language to require states and school districts to2172engage in meaningful consultation with tribal representatives.21732174    Unfortunately, we haven't seen a lot of engagement as we2175had hoped since 2017. We just--and it has been across multiple2176Administrations here. And so, I would just like to put this to2177your attention, recognizing that it is important to meet the2178requirements of meaningful consultation, whether it is in the2179Department of Education or whether it is in Interior. It is2180across our Government.21812182    I put that in front of you here today. And another issue2183that I would like to bring to your attention. The State of2184Alaska is moving forward with a pilot program to create what we2185call STEC, State Tribal Education Compact Schools. Secretary2186McMahon has met with some of the STEC schools' representatives.21872188    This would effectively, with this compact, education2189compact with the tribes, would be public schools that are open2190to all students to offer culturally relevant educational2191models.21922193    I don't know if you have been brought up to speed, if you2194had any conversations on these, but we are hoping that you2195would be able to effectively advocate for additional support as2196we move forward with these initiatives in Alaska.21972198    Ms. Schwinn. Thank you. I will go ahead and say that your2199staff gave me a little bit of information and gave me some2200information to follow-up on, if I am so confirmed. But really2201look forward to working with your office on that. And want to2202just congratulate you on what I think is a really innovative2203program and look forward to seeing more about it.22042205    Senator Murkowski. Well, we feel like we need to be2206innovative because the status quo has not helped our native2207students. And when our native students do not do well, Alaskan2208students writ large do not do.22092210    We want to be doing more in this area. Let me turn to you,2211Mr. Aronowitz. You are probably very familiar with the angst2212that has been expressed by some about the need. For a single,2213clear regulatory definition of good faith effort for valuing2214ESOP stock.22152216    The concern is that instead of having a clear definition2217that is spelled out in regulation, ESOPs have been operating2218under this kind of a patchwork of litigation and investigation.2219There is also some concern that the department has taken2220excessive enforcement actions against ESOP's. Can you speak2221very briefly to your views on these?22222223    Mr. Aronowitz. I believe that Congress wants ESOPs. And2224everybody is for ESOP except the Department of Labor the last222520 years. And I will end the war on ESOPs. I think it is the2226best way for employees to get an additional benefit and2227ownership in an American company. The valuation companies have2228all been sued by the Department Labor.22292230    It can't be right that every single one of them are doing2231it wrong. What the department is doing is nitpicking the2232professional judgment of the valuation professionals. I am2233going to put an end to that because I think unless there is a2234clear conflict of interest, then the valuation is appropriate2235when done by an independent valuation firm.22362237    Senator Murkowski. Well, there are so many in my state2238where the ESOP is really looked at and valued as that2239commitment to not only that business, but employer security as2240well--employee security as well. So, thank you for that. Mr.2241Keeling, OSHA has traditionally relied on NIOSH data and2242recommendations for any of the workplace safety standards.22432244    I come from a state where we unfortunately have a high2245incidence of accidents on the workforce. The commercial fishing2246industry has been tagged as one of the most dangerous2247occupations in the country. We have significant and severe2248wildfires every year, so we worry about health and safety risks2249to our firefighters.22502251    We have seen the Administration moving forward with some2252pretty significant cuts to NIOSH, and I am concerned that this2253is going to hamper some of the vital research that is out2254there. So I don't know if you can speak to whether we have a2255plan on how we fill the data and information gap if NIOSH is2256unable to produce what we need in terms of timely data and2257recommendations as you work to inform rulemaking.22582259    Mr. Keeling. Yes, Senator, thank you for the question.2260There is a gap, if you will, if NIOSH doesn't exist. But there2261are ways through that I think. Use of private entities to fill2262some of those gaps. I have not been--obviously I am not in2263place. I have not spoken to anyone in the career side from OSHA2264on that point, and NIOSH does not directly report to the2265Department of Labor.22662267    There is a little bit of a difference there, a separation2268there as well. I have got--I will have questions as well when--2269if I am lucky enough to be confirmed, about how we do that. But2270I think there are paths through. I think through using the2271professional groups that are out there and by using some2272private resources there are ways to fill the gap. Not2273necessarily easily, but there are ways.22742275    Senator Murkowski. Right. We don't want to see those gaps.2276Thank you, Mr. Chairman.22772278    The Chairman. [Technical problems]--the time to22792280    Senator Kim.22812282    Senator Kim. Thank you, Chairman. Ms. Richey, I want to2283just start with you. A lot of conversation about the scourge of2284Antisemitism that we are facing right now. I guess I just want2285to ask you, is Antisemitism getting better or worse in America?22862287    Ms. Richey. I think--thank you, Senator, for the question.2288I think one of the benefits of having sat in the various roles2289in which I have served is that I started working on these2290issues back in 2004. And so, I do have the full scope of seeing2291the picture for 20 years.22922293    Senator Kim. What does it look like to you from your view--2294--22952296    Ms. Richey. I do think it is getting worse. I think when we2297were dealing with these issues 20 years ago, we were looking at2298classic harassment, classic intimidation. I think what it has2299evolved into is threats, violence, exclusion, a much more2300severe and a much more persistent----23012302    Senator Kim. If it is getting worse, doesn't it make sense2303then that we would invest more in countering Antisemitism and2304invest more into the Office of Civil Rights?23052306    Ms. Richey. Well, I certainly think that the Administration2307is prioritizing investigations involving Antisemitism. I think2308they are aggressively and forcefully identifying----23092310    Senator Kim. How does that mesh with just the facts that we2311are seeing reductions in the staff at the Office of Civil2312Rights?23132314    Ms. Richey. Yes, I appreciate the question, Senator. As I2315mentioned before, I can't explain or provide information on2316decisions that I wasn't involved in or decisions that I didn't2317make. I am not in a position right now to be in communication2318with department leadership.23192320    Senator Kim. Well, just to get a sense of your thinking2321here on this front, though. I supported, and I have called for2322a doubling of the Office Civil Rights' budget. Is that2323something you would be open to?23242325    Ms. Richey. Yes, I think that this body will determine in2326coordination with the President and the Secretary what an2327appropriate budget is. And my job is to focus on the needs of2328OCR, how to take its resources, its staff.23292330    Senator Kim. I hope that you are--I just guess I would ask2331you will you commit to this Committee that if you go through--2332if you get confirmed and you see your resources, and if there2333are needs, that you will come back to us and have an honest2334conversation with us about those needs.23352336    Ms. Richey. Senator, I am always--as I mentioned before, I2337am always going to advocate that OCR have the staff and the2338resources it needs to do its job.23392340    Senator Kim. Now, when it comes to--I had a conversation2341with members of the disability community, the disability2342advocates, so I appreciate some of what you said there earlier.2343I will be honest with you.23442345    They are concerned about some of the discussion out there2346about moving the OCR over to the Department of Justice. They2347are worried about the fact that Health and Human Services2348Secretary told me that she thinks IDEA should be over at HHS.23492350    I would like your reaction to that, because I promised them2351I would ask you this. So do you support keeping OCR at the2352Department of Ed?23532354    Ms. Richey. Yes. Senator, one of the things that I2355appreciate the most about the President's directive to the2356Secretary about examining where education lies and the Federal2357role in education is that he is the first President to turn the2358focus on students. To stop and say what is best for students?2359What is best for families?23602361    Senator Kim. But if it's about best for students, why is it2362moving it out of the Department Ed an idea to be considered?23632364    Ms. Richey. The current structure is not serving students.2365The current is not meeting the needs of students. We would have2366higher NAEP scores. We would see better outcomes if what we2367were doing right now was working. So what I appreciate and what2368I agree with is the conversation for us to stop and look at how2369can we better meet the needs of students, how can we better2370serve families. I think that is an important discussion and I2371appreciate----23722373    Senator Kim. I don't disagree with you that there are2374things we can improve when it comes to education, but what we2375have seen is a dramatic increase in support and--to students2376with disabilities.23772378    We are not perfect on that, but I think there is a lot of2379concern that the rug is going to be pulled out from under them2380and that a system that they have been trying to work on to2381improve--and again, we should be investing more in.23822383    I just wanted to raise that with you, because I know you2384raised this as an importance for you, and I think it is2385something that we owe the disability community, we owe students2386with disabilities and their families a clear answer on what is2387to come. Ms. Schwinn, I just wanted to ask you, do you see2388value in having foreign students study at U.S. colleges and2389universities?23902391    Ms. Schwinn. I appreciate the question. I would say that I2392think there is value for students to receive an excellent2393higher education. And so, that would be my answer.23942395    Senator Kim. Yes, I guess I would just say, it is not just2396for them. This is something that I read, a very interesting Op-2397ed from you when you talked about the importance of R&D. And2398you talked mRNA, you talked about AI.23992400    Those are advancements that immigrants and foreign students2401helped our Country push forward. So it is not just about the2402benefit to foreign students. It is a benefit to the United2403States, to our global competitiveness. Is that something you2404would agree to?24052406    Ms. Schwinn. Yes.24072408    Senator Kim. Okay. Thank you. And with that, I will yield2409back.24102411    The Chairman. Thank you.24122413    Senator Hawley.24142415    Senator Hawley. Thank you, Mr. Chairman.24162417    Congratulations to the nominees. Thank you for being here.2418Ms. Richey, if I can just start with you. I just want to2419clarify something that you said to Senator Baldwin a moment or2420two ago. She asked you about OCR investigations into alleged2421cases of discrimination on the basis of gender identity under2422Title IX. And you said, I think--I am looking at our quick2423transcript of your remarks. I was sitting here. I want to make2424sure I heard it correctly. You said that the OCR, the2425Department of that OCR would investigate alleged cases of2426gender identity discrimination. Why is that?24272428    Ms. Richey. Thank you for the question, Senator, and for2429the opportunity to have a detailed discussion about it. So in24302017, OCR clarified that transgender students, that students2431who bring allegations forth based on sexual orientation and2432gender identity, were protected from harassment under Title IX.24332434    Sex stereotyping, a very narrow set of cases applied to2435protect students on the basis of sexual orientation and gender2436identity. That was back in 2017. Following the Bostock case,2437OCR had to step back and determine how Bostock applied to Title2438IX cases. There are a lot of reasons it didn't apply, and I can2439walk through those because they are significant.24402441    But what OCR finally determined is that because of the2442holding in Bostock, that Bostock could inform OCR's evaluation2443of complaints that allege discrimination on the basis of sexual2444orientation identity to determine if they involve biological2445sex, which is consistent with the Bostock opinion.24462447    What we held is that Bostock could inform some, a limited2448sect of OCR cases pertaining to different treatment, pertaining2449to harassment, pertaining to bullying, but we drew a hard line2450at universally accepting Bostock to apply to all Title IX2451cases.24522453    What we said is that because the Supreme Court said that2454biological sex was not relevant in the termination of those2455employees in Bostock, that we would also look at the relevance2456of sex in our cases.24572458    What we determined is that sex is relevant in certain2459instances. Sex is relevant with regard to restrooms. Sex is2460relative with regard the locker rooms. And sex is relative to2461athletic teams. So it was a very nuanced approach.24622463    Senator Hawley. But sex is not gender identity, and the2464Bostock decision is Title VII. The Supreme Court specifically2465reserved the question of whether or not it applied to Title IX.2466Justice Gorsuch is very clear on this. Now, the Biden2467administration didn't heed that warning at all, as you know.24682469    They subsequently issued guidance that attempted to rewrite2470Title IX completely. That guidance has been enjoined nationally2471by courts because it is utterly inconsistent with the text of2472Title IX. Indeed it complete--as you know, it completely2473upends. It reads Title IX to say that women sports cease to2474exist.24752476    That a biological man, if he wants to be in a women's2477sport, go for it. In a women's locker room, fine. It is so2478outrageous that I think almost every court that has considered2479it has enjoined it.24802481    Ms. Richey. I agree.24822483    Senator Hawley. Okay. I just want to be sure that you are2484not going to follow the Biden administration's interpretation2485of Title IX, surely?24862487    Ms. Richey. No, sir. The Biden administration universally2488accepted Bostock and arguably exceeded, right. Went even2489further, I think, than the Bostock opinion.24902491    Senator Hawley. Not arguably----24922493    Ms. Richey. That is not what we did under President Trump's2494first term, and that is not what we will do under President's2495Trump's second term.24962497    Senator Hawley. Good. Okay. I want to be crystal clear on2498this. I think it is a very dangerous thing to start allowing2499this into Title IX, which as you know, is a landmark statute,2500it is vitally important, and it has been under attack for four2501very long years, where we have seen women sports, women's2502leadership opportunities, women safety eliminated in many2503cases.25042505    Now of course, one of the challenges you are going to face2506is you have got a host of colleges and universities who are2507openly defying not just this Administration, they are defying2508court orders. I hear a lot of talk from my friends over here on2509this side of the dais about the need to follow court orders.25102511    We have got a whole bunch of colleges and Administrations2512that are defying court orders and saying, well we don't care.2513We are going to have biological men and women sports no matter.2514We are going to have biological man in women's locker rooms no2515matter what. Surely you are going to go after that, are you2516not, and protect the women on campus?25172518    Ms. Richey. Yes, sir. The current leadership within OCR and2519Secretary McMahon, as you know, is prioritizing these cases,2520and that will not stop under my leadership if I am fortunate2521enough to assume this role.25222523    Senator Hawley. Good. And I want to be on the record. So,2524back to your regulations both in 2017 and 2020, I think you2525might want to rethink those. I mean, in light of subsequent2526jurisprudence and in light, frankly, of subsequent experience,2527I think, you want to take a really hard look at how you are2528interpreting gender identity and the interface.25292530    There is some water under the bridge now and the interphase2531with biological sex and just how that is being used to2532undermine the rights of--it is never the rights men. It is2533always the rights of women 100 percent of the time, and I think2534we have got to be very careful about that.25352536    My time has expired. And the Chairman, I am such a good2537citizen. I never go over, so I will just submit some questions2538for the record for you, Dr. Schwinn and others. Congratulations2539to all of you. Thank you, Mr. Chairman.25402541    The Chairman. Thank you, Senator Hawley.25422543    Senator Kaine.25442545    Senator Kaine. Thank you, Mr. Chairman, and thank you to2546our witnesses. I think I am going to focus questions to Dr.2547Schwinn and Ms. Richey about higher education. And Ms. Richey,2548I decided to do this.25492550    My staff hates it when they give me questions, and I end up2551going in a different direction. But you had a wonderful2552statement in your prepared testimony that I read, ``students2553cannot gain the knowledge or skills they need to be successful2554in life if they are unable to access educational programs and2555activities.''25562557    I completely agree with that. I would ask each of you on2558that point, helping students gain access to education and2559educational activities, do you agree that the Pell Grant2560program has been a pretty important program?25612562    Ms. Richey. Yes, Senator. I will start. I don't know if I2563am, I certainly, in my current capacity at the Florida2564Department of Education, I certainly see the benefits. You2565know, OCR's involvement in those programs is fairly limited.25662567    Senator Kaine. Right.25682569    Ms. Richey. But I certainly am committed to working with2570the Secretary.25712572    Senator Kaine. Thank you. Dr. Schwinn, how about Pell2573Grant--important?25742575    Ms. Schwinn. As a former high school teacher, and certainly2576at every level of education, I think it is important that2577students, especially low income students, have access to2578educational opportunities. At the same time, it is also2579important that we start to put some restrictions on the2580skyrocketing cost of higher education.25812582    Senator Kaine. How about Federal work study? That is a way2583that low-income kids can afford colleges. Federal work study's2584long-standing program, is that generally a good thing?25852586    Ms. Schwinn. I will go ahead and go first on this one. So I2587believe that it is important that students have opportunities2588to earn money as they are enrolled in universities, colleges,2589trade schools, etcetera.25902591    I also think that I agree with an earlier statement that I2592heard Secretary McMahon make, which is that it is important for2593universities and education institutions to also have a piece of2594that pie and to have a strong stake in that.25952596    I think the most important thing is that students has2597access to resources so that they can make their way through.25982599    Senator Kaine. Including Federal work study. They can work2600on campus and make some money and help afford college better2601that way.26022603    Ms. Schwinn. I think it is a great model for students to be2604able to work on campus.26052606    Senator Kaine. Ms. Richey, Federal work study, a good way2607to help students gain access to higher-ed?26082609    Ms. Richey. Sorry, Senator. Again, in my current role, I2610have certainly seen it be a value add. I am not sure that it2611directly relates to my role within OCR.26122613    Senator Kaine. Right. How about student loan programs like2614the Undergrad PLUS or the--I am sorry, Subsidized Undergrad and2615Grad PLUS loans. Are those one way that we can help students2616gain access to education programs?26172618    Ms. Richey. I feel like my answer is the same on this,2619Senator. Sorry, I will pass it to Dr. Schwinn.26202621    Senator Kaine. Great. I won't make you repeat it. Yes, Dr.2622Schwinn.26232624    Ms. Schwinn. I am going to have to say the same thing. I2625would certainly look to the Under Secretary for advice on that.26262627    Senator Kaine. Yes. And then how about in public service2628loan forgiveness? That is not at the front end, but people who2629have loans in these loan programs that you have generally said2630are generally positive. If they have the ability to have loans2631forgiven for public service pursuant to Congressional laws, is2632that generally a good thing in terms of helping people have2633access?26342635    Ms. Richey. I think again, sir, it falls outside of my2636scope within OCR. It is something that I would have to work2637directly with the Secretary on.26382639    Senator Kaine. Are you aware of public service loan2640forgiveness as a concept?26412642    Ms. Richey. I am.26432644    Senator Kaine. Not opposed to it?26452646    Ms. Richey. It just falls outside of my scope--outside of2647knowledge.26482649    Senator Kaine. Dr. Schwinn.26502651    Ms. Schwinn. Thank you for the question. I am also aware of2652the programs. There are a variety of them. I think it is--I2653appreciate the intent around those going into public service. I2654am having support. I also think that I would want to review2655each and every one individually.26562657    Senator Kaine. Let me do this, if the audience will indulge2658me on this. If you or members of your family have been2659benefited by Pell Grant, work study, student loan programs, or2660public service loan forgiveness, just raise your hand if you2661have been benefited by programs like that. Okay, got a good2662number of hands raised in the audience.26632664    President Trump's latest budget slashes the Pell Grant2665award by $1,685. It also says that you don't get the full-time2666Pell Grant award if you are 12 hours a semester. You have to go2667up to 15 hours, which impacts a whole lot of people who work2668and go to school.26692670    The House Republican proposal that is in front of us2671eliminates Pell Grant eligibility for students who are less2672than halftime, impacting working people who are going to2673school. Work study, it is $1.2 billion. President Trump has2674almost zeroed it out. He has eliminated $990 million.26752676    That is gutting Federal work study programs. President2677Trump's budget is eliminating the Grad PLUS and subsidized2678student loan programs. And in the first Trump administration,2679there was an essential gutting of public service loan2680forgiveness, not by changing the statute, but just refusing to2681grant public service loan forgiveness.26822683    Ms. Richey, you testified that this is an Administration2684that is the first to focus on the needs of the students. I2685think that is a hubristic statement. I think other2686Administrations have focused on the need of the student.26872688    But as I conclude, I hardly see how slashing Pell Grant,2689Federal work study, loan programs, public service loan2690forgiveness is focusing upon the needs of students and giving2691them the access to educational programs that I think we all2692want to achieve. I yield back, Mr. Chairman.26932694    The Chairman. Senator Hassan.26952696    Senator Hassan. Thank you, Mr. Chairman. And welcome to the2697nominees. Congratulations on your nominations. And2698congratulations to your families too, because I know this is a2699team effort. To all of you, before turning to education issues,2700I want to ask you all a simple question related to recent2701events.27022703    We will just go down the line here. If directed by the2704President to take an action that would break the law, would you2705follow the law or follow the President's directive? Dr. Schwinn2706will start with you.27072708    Ms. Schwinn. The President would not ask me to do that, and2709I will always follow the law.27102711    Senator Hassan. Thank you.27122713    Ms. Richey. The same. The President would not ask me to do2714that, but I will follow the law, Senator.27152716    Mr. Aronowitz. The President wouldn't ask me to do anything2717illegal, but I would always follow the law.27182719    Senator Hassan. Sir?27202721    Mr. Keeling. Same.27222723    Senator Hassan. Well, I thank you for your commitment to2724following the law. I am disappointed in your--I don't know, it2725seems to me you are pretty out of touch with recent events2726about the President's behavior.27272728    Dr. Schwinn, you are nominated to be the second in charge2729at the Department of Education. Unfortunately, the2730Administration is abdicating its responsibility to ensure that2731all American children can receive a high quality public2732education that prepares them for citizenship, work, and life.27332734    We should be focused on how to improve public education,2735how to build a system that is the envy of the world, but2736instead the President has moved to close the Department of2737Education. Do you support the President's goal of shuttering2738the Department Of Education?27392740    Ms. Schwinn. I support I think the shared goal that we all2741have to your--the first part of your question, that we want an2742education system that is the envy of the world. 90 percent of2743our students attend public schools. We need to make decisions2744that are in the best interest of them.27452746    Senator Hassan. That is not my question. Do you support2747shuttering the Department of Education?27482749    Ms. Schwinn. I support the President's EO, which is to2750explore all the opportunities and options around what is in the2751best interest of students, including shuttering the Department2752of Education.27532754    Senator Hassan. Well, I will just given some of your2755testimony, some of Ms. Richey's testimony, I will remind you2756all that the reason the Department of Education was established2757was because the needs of students weren't being met through the2758Department of Health Education and Welfare, particularly the2759need to make sure that we were focusing on all students in the2760wake of the passage of IDEA that we wanted a department that2761prioritized kids.27622763    In fact, when adults stop being pushed to prioritize2764children and students, they generally lose because other2765agencies will put adult needs first. So I have real concerns2766about this. I will also note that the Department of Education2767does not make decisions about teacher recruitment, teacher pay,2768class size, curriculum. Those are all state and local2769decisions.27702771    The department is there to provide technical assistance and2772support, which it does, and it has very effectively done so in2773New Hampshire, where some of our public schools. Are really2774doing remarkable and good work.27752776    Now, I am particularly concerned that this Administration2777abruptly and irresponsibly cutoff critical funding for school2778districts and states that Congress directed through the2779bipartisan Safer Communities Act to train and place mental2780health professionals in schools.27812782    As someone who has worked at the state and district levels,2783Dr. Schwinn, do you think that what the department did helps or2784hurts the communities that were counting on the funding that2785they were promised? If confirmed, do you commit to reining in2786the chaos and operational failures that we are seeing at the2787department?27882789    Ms. Schwinn. I believe that mental health is incredibly2790important for students in this country. Three quick points.2791One, the grants were discontinued and will be rebid. Two, if I2792am confirmed as Deputy Commissioner, I will ensure that I am2793working to have an efficient, effective, and outcomes oriented2794department. And No. 3, I commit to work closely, certainly with2795the Secretary and with Congress, to ensure that what you have2796passed is what is actually implemented.27972798    Senator Hassan. Let me just tell you that in New Hampshire,2799we had a 5-year program through grants that has been training2800up mental health workers for schools in concert with the2801University of New Hampshire. So, that we are training2802specifically. That just got pulled.28032804    After 2 years of investment in this program, students in2805our Manchester public schools do really important work for our2806kids, helping them get to a place where they can begin to2807improve their achievement, and this Administration has just2808recklessly pulled the rug out from under without any indication2809that there is any difficulty with the actual operation of this2810program.28112812    It has disrupted schools. It is disrupting critical2813services that support mental health in our biggest school2814district. And it is really unfortunate. As I have said before,2815unlike a good carpenter who measures twice before cutting, this2816Administration just cuts, and it is doing real, real harm. I2817will submit for the record a question that follows up on2818Senator Murray's really about assessment and accountability.28192820    I will note that since this Administration took office, the2821department no longer posts the backlog of cases in the Office2822of Civil Rights. New Hampshire has a backlog of about 51 cases.2823That was as of January 14th. This Administration has gone dark.2824We don't know how many there are right now.28252826    But most of those cases are cases of discrimination against2827students with disabilities, or alleged cases, and I hope very2828much that we can get back to posting information and adequately2829staffing OCR. Thank you.28302831    The Chairman. I thought I saw Senator Banks come in, but I2832don't see him now. What is that? Jim, do you want to ask?28332834    Senator Banks.28352836    Senator Banks. Thank you, Mr. Chairman. Dr. Schwinn, you2837have been nominated to help eliminate the very department that2838you are going to work for, or at least to help dismantle a huge2839bureaucracy. And I want to ask you, I mean, technically, how do2840we do it?28412842    How do we dismantle a huge bureaucracy and send important2843decisions about education back to the states? Do you have an2844expertise, a background on the role of the states versus the2845onerous, bureaucratic role of the Federal Government? Give us a2846technical take on how do we get there.28472848    Ms. Schwinn. Thank you, Senator. I appreciate that and2849certainly appreciate the work that Indiana has done in this2850space. So first and foremost, I think it is important--and I2851would certainly work, if confirmed, with the Secretary and with2852Congress on any actions related to the role of the department.28532854    No. 1, we have to start with students and not focus on2855systems. When you read the laws and policies, it is all about2856systems. When we think about what is best for the student in2857every single state, and states are completely different, we2858need to build a plan around that first.28592860    No. 2 is we have 54 states and territories that are doing2861really good work for their students. Being able to create an2862infrastructure that determines where that should be housed2863within the Federal Government, knowing that one, the department2864is a building with people in it.28652866    What people actually care about is the laws that you all2867pass and the funding you all appropriate. We need to make sure2868that those two things are rock solid, that our states2869understand exactly how much money they are getting, and what2870the laws say their responsibilities are. And then allow states2871to figure out the best way to implement that to achieve2872outcomes for their kids.28732874    Senator Banks. You certainly agree that the states can do2875this a lot better than the Federal Government.28762877    Ms. Schwinn. I believe that my experience, yes----28782879    Senator Banks. Effectively put kids, students first, and2880the states can--all 50 states can accomplish this better than2881what the Federal Government does.28822883    Ms. Schwinn. The best outcomes that we got in Tennessee2884were with dollars that were completely flexible and allowed us2885to make the best decisions for our students without any kind of2886categorical restrictions because we could figure out what our2887students need and make decisions aligned to those needs.28882889    Senator Banks. The statistics, the metrics all point to the2890decades of having a Federal Department of Education as a total2891failure, right. I mean, it has failed at its objective, which2892is to educate our kids and support our kids, and teachers, and2893schools, and administrators, and families in the states. And2894there is no doubt about it that the State of Indiana can run2895these programs better than the Federal Government.28962897    Ms. Schwinn. Well, as a personal privilege, I will say you2898also have a pretty exceptional commissioner in the State of2899Indiana in Dr. Katie Jenner. But I would say most importantly2900is that a department or an agency in the Federal Government is2901not going to change the outcomes of students.29022903    The teacher in the classroom is going to teach the2904standards that are approved by that state. The parent is the2905parent of that child. What we need to do is ensure that we have2906created a system that is going to drive outcomes. That is not2907going to happen from the Federal Government, whether there is a2908Department of Education or not.29092910    We need to build structures and systems for students that2911support local communities to do just that. Where the Federal2912role of that is housed is a much broader question, but it is2913missing the point that we are not doing what is necessary for2914students, and the education of students happens at the local2915level.29162917    We need to do a much better job of implementing the laws,2918policies, and spending the dollars that you all appropriate to2919us.29202921    Senator Banks. It drives me--it drives me crazy. I mean, it2922makes me sick when I see that the average--on average, a2923bureaucrat at the Federal Department of Education makes twice2924as much money than a teacher in Indiana on average. Who does2925the Department of Education work for, the employees or the2926students and teachers and schools back in the states? What can2927we do to unwind that?29282929    Ms. Schwinn. I appreciate that. I certainly can't comment2930on the Federal salary schedule, but I can--but what I will say2931is the daughter of a single mom who is a teacher and starting2932my role as commissioner in Tennessee where the starting teacher2933salary was $37,000 per year, and that was in 2019, teachers are2934not compensated at a competitive level for what we are2935expecting of them and the outcomes we want for our students,2936period.29372938    I do believe that when we have looked at compensation at2939the Federal level, there is some opportunity costs. We spend a2940lot of money, and we have to figure out how we use those2941resources. If we just look at, for example, every $10 million2942that we spend on, whether that is compensation, operations,2943etcetera. What that translates to in Tennessee is $5 million2944gave AP access for all.29452946    That is 14 AP classes free for every single one of the high2947school students in our state. The other $5 millions is 202948percent of my third graders get high dose of tutoring. And so,2949it is a little bit of a tradeoff. For every $10 million we2950spend and wasted bureaucracy, that is what my kids could get.2951Those are taxpayer dollars off kitchen tables.29522953    Senator Banks. Teachers should be paid a lot more,2954bureaucrats in Washington should be paid a little less. I just2955want to draw your attention. Senator Rounds from South Dakota2956has a bill, Returning Education To Our State's Act. And if you2957are not familiar with it, I hope that you will be before you2958head over to the department, and we can work together to pass2959it. Thank you. I yield back.29602961    Ms. Schwinn. Thank you, sir.29622963    The Chairman. Thank you, Senator Banks.29642965    Now, Senator Markey.29662967    Senator Markey. Thank you, Mr. Chairman. Mr. Keeling, I am2968working with Senator Padilla to protect workers from excessive2969heat. And I hope you are going to commit to working with us to2970ensure that OSHA issues a final workplace heat stress2971prevention rule that includes the well-researched, effective2972requirements of the proposed heat rule.29732974    I hope you are going to work with us, Mr. Keeling, to make2975sure that gets done for the workers of our Country. Ms. Richey,2976last night, President Trump issued a proclamation barring2977Harvard international students from entering the United States.2978The proclamation, not even an Executive Order, is toothless.2979Any attempt to implement it would be illegal and2980unconstitutional.29812982    This is yet another page from Trump's authoritarian2983playbook. Over the last 5 months, Trump has demanded Harvard to2984bow to ideological demands and retaliated when Harvard refused2985to comply. The Administration has terminated over $3.7 billion2986in grants and contracts to Harvard and its research partners.29872988    The Administration disqualified Harvard from future Federal2989grants, threatened the school's tax-exempt status, and revoked2990its ability to issue student visas. The Civil Rights Act2991requires a clear process before ripping funding away from2992students, faculty, and staff.29932994    In fact, the office that you have been nominated to lead,2995the Department of Education's Office of Civil Rights actually2996has a 32-page manual detailing the process that must be2997exhausted before any actions are taken. And this process is2998meant to protect people and institutions from abuses of power2999by the Federal Government.30003001    It is meant to protect people from losing the education3002they have dreamed of just because they are an international3003student and from having funding for their life's work ripped3004from them all because of a President's vendetta against an3005individual school.30063007    Ms. Richey, if confirmed, do you commit to reversing any3008funding cuts or other sanctions imposed upon universities that3009were not afforded due process that they are entitled to under3010the Constitution and under Title VI of the Civil Rights Act?30113012    Ms. Richey. Senator, thank you for the question. As I have3013mentioned previously in this hearing, I cannot speak to current3014actions that have been taken by the department, specifically by3015OCR leadership.30163017    In my role as a nominee, I simply just don't have3018information to the basis for the decisions or the reasoning3019behind the decisions, the case files, the investigatory record.3020I don't have access to information.30213022    Senator Markey. I am not asking you--I am asking you the3023larger question. Will you object to anything that does not3024afford due process entitled under the Constitution or Title VI3025of the Civil Rights Act?30263027    Ms. Richey. Yes, I reference that only, Senator, to say3028that I don't have enough information to commit to that at this3029time.30303031    Senator Markey. I appreciate that. I am looking for your3032broader commitment to just upholding the Constitution of the3033United States. That answer should be a clear and unequivocal3034yes, that you will uphold the Constitution. That you will3035uphold Title VI of the Civil Rights Act. That is all we want to3036hear from you. That is your job.30373038    Ms. Richey. Senator, thank you. What I can commit to is3039compliance with the Case Processing Manual, which I have3040written several times, and compliance with OCR's regulations3041under Title VI.30423043    Senator Markey. Let me continue then. Ms. Richey, yes or3044no, do you endorse ripping funding from researchers and3045students stealing educational opportunity from international3046students, abducting students from campuses for asserting their3047First Amendment rights, and continuing to threaten colleges and3048universities that refuse to comply with lawless demands?30493050    Ms. Richey. Senator, I will commit to following OCR's3051regulations and OCRs case processing manual.30523053    Senator Markey. Yes, I am still not getting the answer that3054I want, because again, this Administration is treating American3055freedom and dissent as the enemy, and students and faculty and3056staff are collateral damage to be unwilling and unable to stand3057against this means that you are silent in the face of3058authoritarianism.30593060    It unfortunately makes you unqualified for this position of3061high responsibility. Thank you, Mr. Chairman.30623063    The Chairman. Senator Hickenlooper.30643065    Senator Hickenlooper. Yes. And I know we are going to miss3066our votes, so I am going to ask one question.30673068    The Chairman. We are not going to miss our vote if we get3069there by 12.01 p.m.30703071    Senator Hickenlooper. Okay. Well then I am going to just do3072one--or two questions then. On Sunday, 12 Coloradans were badly3073injured after a suspect threw incendiary devices and Molotov3074cocktails into a crowd in a targeted Antisemitic attack. It was3075not random. A deliberate hate crime.30763077    Attacks like this are clearly unacceptable anywhere,3078whether in Boulder, or outside a Jewish museum in Washington,3079or a college campus, anywhere in this country. The Department3080of Education's Office for Civil Rights is tasked with3081investigating civil rights complaints, like those that so many3082Jewish students across the country are experiencing.30833084    Despite the intense surge in Antisemitic attacks, the3085Administration has terminated nearly half of the staff in this3086office. So Ms. Richey, I just wanted to ask you, you have said3087that you are committed to thoroughly reviewing all complaints3088submitted to OCR in a timely matter. With this great rise in3089cases, how on earth do you plan to achieve this?30903091    Ms. Richey. Thank you for the question, Senator. I think3092what is going to require of me, if I am fortunate enough to be3093confirmed and serve in this role, is to be very strategic when3094I enter OCR, evaluate the current caseload, evaluate where we3095are in the life of the complaints, look at the staff3096distribution, look at organizational structure, and help the3097Secretary come up with a very strategic plan for how we ensure3098that OCR is able to meet its mission and its statutory purpose3099to prioritize all complaints.31003101    Senator Hickenlooper. I spent a lot of time when I was in3102the private sector as an entrepreneur and a businessperson.3103Usually when you lay out a plan and you see that you have half3104the resources that you used to have and you had a hard time3105keeping up in the old days, it is not good.31063107    Let me just go to Retirement Savings for Americans Act and3108Mr. Aronowitz. More than 50 million workers, including gig3109economy, small business workers, don't have access to employer-3110sponsored retirement plans, and I think no worker should be3111left behind in this.31123113    That is why we have introduced a bipartisan Retirement3114Savings for Americans Act with Senator Tillis to allow all3115workers to contribute savings to a Federal retirement account.3116The bill also allows the Federal Government to make matching3117contributions for lower-income workers.31183119    Mr. Aronowitz, if confirmed, would you commit to working3120with us to pass the Retirement Savings for Americans Act?31213122    Mr. Aronowitz. I commit.31233124    Senator Hickenlooper. Great. You even know it. I love that.3125Appreciate that. And if confirmed, how do you plan to use your3126time at EBSA to help retirement become more accessible for more3127workers, for all workers?31283129    Mr. Aronowitz. I want to unlock the potential of the3130employee benefit system, including innovative type of plans3131like association health plans, ICRAs, and pooled employer3132plans. I want to work with Congress on anything that will allow3133independent contractors to have the dignity of retirement3134savings and health security.31353136    Senator Hickenlooper. Great. I appreciate that. And I won't3137ask this question, but Chairman Cassidy and I both--I am3138dyslexic. He knows more about dyslexia than I do, but I do3139think that early literacy is something that we can all agree3140that is something we can make huge progress on.31413142    The Administration is trying to cut funding and have3143terminated I think 60, almost two-thirds of the people at the3144Institute of Educational Sciences, which administers this3145assessment.31463147    I just want to urge you, not to answer a question, but make3148sure that we get those resources where they can do good,3149because this is something we know how to fix. We know how to--3150we have made so many advances. So, anyway, thank you. Yield3151back.31523153    The Chairman. Thank you, Senator Hickenlooper. Thank you3154all. Thank you for being here today. For any Senator wishing to3155ask additional questions, questions for the record will be due3156at 5.00 p.m. tomorrow, June 6. The Committee stands adjourned.31573158                         QUESTIONS AND ANSWERS31593160        Response by Daniel Aronowitz to questions of Sen. Hawley31613162    Question 1. The Biden administration attempted to weaken3163protections for workers through its rule authorizing plan fiduciaries3164to consider environmental, social, and governance (ESG) factors.3165Thankfully, the Department of Labor announced it would not defend this3166policy.31673168        Question 1(a). If confirmed, what steps would you take at EBSA3169        to ensure workers are protected from woke and inefficient ESG3170        investing?31713172    Answer 1(a). I am committed to EBSA's mission in ensuring the3173retirement security of American workers and their families. EBSA will3174uphold the highest standards of fiduciary responsibility to ensure that3175all plan fiduciaries meet ERISA's stringent fiduciary duty of loyalty3176and act solely in the best interests of plan participants and their3177beneficiaries. To meet the fiduciary duty of loyalty, plan fiduciaries3178must operate with no ulterior motive, including without any non-3179financial ESG motive, in choosing any plan investment.31803181         Response by David Keeling to questions of Sen. Hawley31823183    Question 1. How did your time at Amazon and UPS inform your3184understanding of safety standards for warehouse workers?31853186    Answer 1. I retired from UPS as the Vice President of Global EHS,3187after a 37-year career. After retiring from UPS, I was asked to assist3188at Amazon with some vehicle and on-road safety improvements. This3189included building out a team to evaluate and improve vehicle technology3190and crash prevention programs. In my approximately 22 months at Amazon,3191I had very limited exposure to Amazon's warehousing operations. I was3192not asked to engage in these areas of the business and did not oversee3193these business units. However, during my time at UPS, I was responsible3194for all safety operations including all on-road and warehousing3195operations. I am very familiar with the opportunities surrounding risk3196and injury reduction in these operations including recent advancements3197in processes and technologies that reduce ergonomic and repetitive3198motion exposures.31993200    Question 2. If confirmed, what policies will you implement at OSHA3201to ensure that workers at warehouses across the country are protected?32023203    Answer 2. I am very familiar with the opportunities surrounding3204risk and injury reduction in these operations including recent3205advancements in processes and technologies that reduce ergonomic and3206repetitive motion exposures. As discussed with your staff, if3207confirmed, I very much look forward to working with you to advance the3208safety of warehouse workers and toward the President's and Secretary of3209Labor's goal of ensuring the safety of all American workers.32103211    Question 3. If confirmed, do you commit to working with this3212Committee to advance common-sense reforms that ensure warehouse workers3213have reasonable protections in the workplace?32143215    Answer 3. If confirmed, I look forward and commit to working with3216you and your team to realize the best path forward in warehouse worker3217safety.32183219    Question 4. If confirmed, what policies will you implement at OSHA3220to ensure small businesses are treated fairly and do not face undue3221burdens?32223223    Answer 4. As mentioned during my Committee testimony, cooperation3224and collaboration with industry partners, companies with advanced3225safety cultures, and key union programs. are essential to ensuring that3226OSHA meets its obligation and mission.32273228    Using AI and predictive analytics to better understand risk3229reduction opportunities and enable proactive enforcement action may be3230an option for OSHA to better meet its stated purpose.32313232    Through partnerships with industry organizations, we can better3233reach those companies that have been reticent to engage with OSHA in3234the past. If confirmed, I intend to bring all stakeholders to the table3235to reach employers of all sizes and engage their workers in fostering3236real and lasting improvement.32373238        Response by Kimberly Richey to questions of Sen. Hawley32393240    Question 1. The Biden administration actively worked to undermine3241religious freedom protections in K-12 schools and at institutions of3242higher education. If confirmed, will you issue regulations and guidance3243to protect the religious liberty of students at public institutions?32443245    Answer 1. I am proud that in 2020, the Department finalized the3246Religious Liberty and Free Inquiry regulation to help ensure that3247institutions uphold fundamental rights guaranteed by the First3248Amendment, including protections for freedom of speech, association,3249press, religion, assembly, petition, and academic freedom. Should I be3250confirmed, I commit to engaging with Department leadership, including3251OCR leadership and staff, to identify ways OCR can strengthen and3252promote religious liberty and hold institutions accountable for3253violating the religious liberty of students and staff, consistent with3254OCR's statutory authority; I will examine the feasibility of rule3255promulgation, consistent with OCR's authority. I also commit to3256partnering with the Department of Justice to support enforcement3257actions focused exclusively on protecting the rights of individuals to3258fully and freely engage in religious activity in schools and3259institutions.32603261    Question 2. As you may remember, the Biden DOJ targeted parents3262protesting critical race theory at school board meetings. If confirmed,3263do you commit to supporting the free speech rights and other3264fundamental rights of parents when it comes to their children's3265education?32663267    Answer 2. I am fully committed to safeguarding and protecting the3268fundamental rights of parents, guaranteed by the U.S. Constitution, to3269direct their children's upbringing, including the right to make3270decisions regarding their child's education without government3271interference or obstruction. I am proud of my previous work,3272specifically in response to the DOJ's efforts, to educate, support, and3273empower parents with tools they need to access information, engage with3274school districts, and exercise their constitutionally protected rights.32753276         Response by Penny Schwinn to questions of Sen. Hawley32773278    Question 1. The Education Recovery Scorecard recently released a3279report demonstrating significant learning losses, particularly in3280reading and math scores, and indicating a slow recovery in nearly every3281state.32823283    As we expected, draconian school closures during COVID contributed3284to these immense learning losses, and many districts have yet to3285rebound. If confirmed, what will your strategy be to help these3286students?32873288    Answer 1. The learning loss our Country is facing is both real and3289urgent--and it was worsened by prolonged school closures that ignored3290both the data and the needs of children. In Tennessee, we made the3291decision to reopen schools early, with our first in-person program3292beginning in July 2020, a commitment to putting students first. By3293reopening schools early and investing in targeted interventions,3294Tennessee was one of six states to see a positive return on investment3295on COVID funding related student outcomes.32963297    If confirmed, my priorities will center on using my experience and3298expertise to effectively design and implement the vision of the3299President and the Secretary--focused on empowering families, improving3300outcomes, and restoring local leadership in education. Specifically,3301raising literacy and academic achievement, especially in early grades3302where gaps form quickly and persist; expanding real school choice so3303every family can access high-quality options that fit their needs; and3304streamlining Federal programs to reduce bureaucracy, eliminate3305inefficiencies, prioritize strong data and accountability, and ensure3306dollars reach students--not systems. Each of these priorities is about3307putting students first and delivering results that matter.33083309    Question 2. You served in a statewide role during the height of the3310COVID pandemic. What did that experience teach you about the importance3311of leading with moral clarity during a time of crisis, and how will3312that affect your service at the Department of Education?33133314    Answer 2. Leading during COVID taught me that effective crisis3315leadership requires more than decisiveness--it demands alignment,3316humility, and constant communication. You can't assume everyone is on3317the same page, even with the best of intentions. Strong systems are3318essential to ensure alignment with leadership priorities, reinforce3319mission clarity for the team, and surface both operational risks and3320non-negotiable principles. If confirmed, I'll bring those lessons with3321me--leading with clarity, integrity, and a steady focus on what's best3322for students and families.3323                                 ______33243325         Response by Penny Schwinn to questions of Sen. Sanders33263327    Question 1. On March 28th, the Department illegally terminated3328previously approved late liquidation agreements for nearly $4 billion3329of K-12 funding under the Elementary and Secondary School Emergency3330Relief Fund, forcing states to re-apply. The Vermont Agency of3331Education has submitted 80 applications from 19 school districts. Would3332you commit to reviewing these applications and approving them if they3333are consistent with all Federal statutory requirements?33343335    Answer 1. I do not believe it appropriate for me to commit to a3336specific course of action without first having an opportunity to3337consult with staff at the Department. Should I be confirmed, I will3338seek that consultation.33393340    Question 2. One month after President Trump nominated you to be3341Deputy Secretary of Education, you registered an educational consulting3342business, called New Horizon BluePrint Group (``New Horizon''), in the3343state of Florida. However, you did not include New Horizon in your3344initial disclosures to the Office of Government Ethics or the HELP3345Committee. Please answer the questions below.33463347    Why did you register New Horizon after your nomination?33483349    Answer 2. New Horizon was registered in Florida by Mr. Fennoy as3350part of a project that had been under discussion for several months3351prior to my nomination. Once nominated, I began stepping away from the3352effort. Although my name initially appeared on the registration, I was3353removed within days. The entity had no income, clients, contracts, or3354business activity, and it remained inactive. Based on that, I believed3355it did not meet the threshold for disclosure. As soon as the issue was3356identified, I worked with the Office of Government Ethics to ensure my3357filings were accurate and complete.33583359    Question 2(a). Did you intend to run New Horizon while holding3360government office?33613362    Answer 2(a). No. I had no intention of being involved in New3363Horizon after my nomination.33643365    Question 2(b). When did you inform the Trump administration about3366New Horizon? What was the Administration's response?33673368    Answer 2(b). As soon as the issue was brought to my attention, I3369worked with the Office of Government Ethics to update my disclosure.3370The Administration was supportive of ensuring all filings were accurate3371and transparent.33723373    Question 2(c). Why did you fail to include New Horizon in your3374initial disclosures to the Office of Government Ethics and the and HELP3375Committee?33763377    Answer 2(c). The omission was unintentional. I believed the entity3378did not meet the disclosure threshold because it had no income,3379clients, contracts, or operations, and I was removed from its paperwork3380shortly after it was filed. Once I became aware that it should be3381included, I took immediate steps to disclose it and worked closely with3382the Office of Government Ethics to ensure my filings were complete and3383compliant.33843385    Question 3. In your testimony, you mentioned your concerns about3386the average teacher salary in comparison to bureaucrats in Washington.3387Would you commit to working with me to increase teacher pay and provide3388other necessary supports to attract and retain teachers in the3389profession?33903391    Answer 3. President Trump and Secretary McMahon have emphasized the3392importance of supporting our Nation's teachers, and I share that3393commitment. This is personal to me. I come from a family of educators--3394my mother, siblings and cousins are teachers--and I began my own career3395as a high school teacher. I understand firsthand the dedication it3396takes: staying late to grade papers, spending weekends preparing for3397lessons, and often covering classroom expenses out of pocket. As I have3398often said, the most important factor inside school walls for student3399success is the teacher in front of the classroom. If confirmed, I look3400forward to conversations with you on these important issues.34013402    Question 4. In 2024, you wrote an op-ed with Carrie Wright3403advocating for increasing Federal education research. What are the3404consequences to educators if the Federal Government stops funding3405education research and statistical work, as observed by the3406Department's cancellation of Federal education statistics contracts and3407cancellation of all education research peer review processes?34083409    Answer 4. Teachers and school leaders rely on clear, reliable data3410to understand what's working and where improvement is needed. For3411instance, the Department has and will continue to support the Nation's3412Report Card. However, the research commissioned at the Department did3413not always put students, families, and educators at the center.34143415    I believe we can empower educators by making research more3416relevant, accessible, and actionable. When I co-authored the op-ed with3417Dr. Wright, we emphasized the importance of faster, more practical,3418state-driven research that directly supports educators. The goal is not3419to eliminate research--but to reform it. That means streamlining3420processes, reducing bureaucracy, and prioritizing projects that3421generate timely, actionable insights to drive student outcomes.34223423    Question 5. By what date will States receive fiscal year 20253424preliminary allocations under Title I-C, Title II-A, Title III, and3425Title IV-B?34263427    Answer 5. As a former State Commissioner of Education, I understand3428it is important for States to receive preliminary allocations in a3429timely manner. However, I believe it would be premature for me to offer3430a date without having had the benefit of consultation with the3431Secretary and staff at the Department. If confirmed, I look forward to3432working with you and Department officials on this issue.34333434    Question 6. Are all States and public schools legally responsible3435for serving students of any immigration status?34363437    Answer 6. Yes.34383439    Question 7. Under your leadership in Tennessee, how would you3440administer 21st Century Learning programs to improve academic3441achievement for students during summer and afterschool periods? What3442are the consequences of not funding this program in fiscal year 2025 in3443Tennessee?34443445    Answer 7. During my time in Tennessee, we focused on ensuring every3446dollar spent--especially on extended learning--delivered measurable3447results for students. When used strategically, 21st Century programs3448supported literacy gains and academic acceleration beyond the school3449day. That said, all programs must demonstrate outcomes. If funding is3450reduced, states should prioritize what works: high-dosage tutoring,3451targeted enrichment, and partnerships with proven community providers.3452The goal isn't simply to add more time, but to make better use of time.3453If confirmed, I'm committed to helping states design outcome-based3454models that maximize impact, even under tighter budgets.34553456    Question 8. Do migrant students and families face specific3457challenges in accessing a quality education? What responsibilities do3458the Federal Government, State agencies, and local school districts have3459to serve these students?34603461    Answer 8. The Federal Government has a clear responsibility to set3462expectations through programs like Title I, Part C, and to ensure3463transparency and accountability in outcomes. State and local agencies3464are best positioned to respond to the specific needs of their3465communities. The role of the Federal Government should be to support3466them--with flexibility, streamlined funding, and the tools to deliver3467real results for migrant students.34683469    Question 9. Do you commit to upholding the integrity of programs as3470authorized under ESEA, including administering such programs as3471intended by Congress?34723473    Question 9(a). Do you commit to consulting Congress before3474approving any major ESEA waivers?34753476    Question 9(b). Do you commit to not issuing guidance documents that3477do not align with a plain reading of ESEA, as you advocated in your3478letter to the Trump administration?34793480    Question 9(c). Do you commit to sharing with Congress a list of any3481OESE-related grants that have been canceled or pulled at the same time3482those cancellations are sent to grantees?34833484    Answer 9(a)--9(c). If confirmed, I look forward to working with3485leadership and staff at the Department to continuing to ensure that the3486statutory obligations of ESEA as authorized by Congress are met in3487accordance with the law. I further commit to following all requirements3488for congressional engagement, consultation, and notification.34893490    Question 10. Do you commit to making yourself and your staff3491available to provide briefings to my staff on a reasonable basis3492regarding any major announcements or changes out of OESE?34933494    Answer 10. If confirmed, I commit to being responsive to the3495requests of Members of Congress.34963497        Response by Kimberly Richey to questions of Sen. Sanders34983499    Question 1. What was the average caseload per Office for Civil3500Rights (OCR) investigator during each fiscal year you served as Acting3501Assistant Secretary?35023503    Answer 1. I do not have access to OCR records and, as such, am3504unable to provide historical data or information relating to average3505caseloads during a specific time period. However, if confirmed, I3506commit to keeping your office informed on Departmental efforts to3507prioritize case resolution. As I stated at my confirmation hearing, I3508am committed to ensuring that OCR has the resources it needs to3509vigorously enforce Federal civil rights laws.35103511    Question 2. The Department shared with the Committee recently that3512investigators' caseloads have increased from 40 cases to over 1203513cases. You said in your hearing you would ``strategically prioritize''3514cases. What standards would you propose to prioritize which cases are3515worth prioritizing?35163517    Answer 2. I stated at my confirmation hearing that I would be3518strategic in developing a plan to address the challenges facing OCR; I3519also stated that I would equally prioritize complaints filed with OCR.3520If confirmed, I will work closely with OCR leadership and staff to3521fully understand how the office is currently managing resources and3522find ways to optimize OCR's resources to ensure that all cases are3523thoroughly investigated. Developing a strategic plan to address3524complaint resolution may include evaluating OCR's current3525organizational structure, how cases are currently distributed, and the3526age of pending complaints, including case processing timeframes.35273528    Question 3. How will you find and prioritize time-sensitive3529complaints--such as a student with a disability who cannot access a3530school facility--as compared to directed investigations that your3531office initiates?35323533    Answer 3. If confirmed, I will equally prioritize complaints filed3534with OCR. While it is true that some complaints can be resolved more3535expeditiously, OCR's goal must be to achieve compliance as quickly as3536possible in all cases. OCR can utilize its various enforcement tools,3537such as forms of early complaint resolution for example, to promptly3538remedy noncompliance. I will work closely with OCR leadership and staff3539to ensure that all complaints are resolved in a timely manner.35403541    Question 4. Do you commit to following the processes outlined in3542the OCR Case Processing Manual and all Federal and regulatory3543requirements in carrying out Federal civil rights enforcement?35443545    Answer 4. If confirmed, I commit to following the law in carrying3546out my responsibilities as Assistant Secretary for Civil Rights. This3547includes following the Constitution, the laws under OCR's authority,3548and applicable regulations.35493550    Question 5. How will you proceed with investigations that began3551prior to your return to OCR that did not follow processes outlined in3552the OCR Case Processing Manual? Do you commit to restarting3553investigations that did not follow the appropriate processes?35543555    Answer 5. It is not appropriate for me to commit to any specific3556course of action without first reviewing ongoing cases and consulting3557with Department leadership, including OCR leadership and staff. As a3558nominee, I do not have the benefit of knowing the full scope of any3559ongoing investigation or evaluation of evidence that led to specific3560course of action in a particular case.35613562    Question 6. Will you commit to treating all cases with the same3563level of importance, regardless of directives to reprioritize case3564processing by allegation type?35653566    Answer 6. As I stated in my confirmation hearing, all cases are3567important, and I am committed to vigorously enforcing all Federal civil3568rights laws that OCR enforces and prioritizing all of OCR's complaints3569with this goal in mind. I take my responsibilities to students and3570families seriously and if confirmed, I commit to working tirelessly to3571ensure all students have access to an education free from3572discrimination and harassment.35733574    Question 7. Do you commit to increasing transparency about the3575number of open cases investigated by OCR by regularly posting and3576updating a list of pending cases?35773578    Answer 7. If confirmed, I commit to being responsive to the3579requests of Members of Congress; I believe transparency is important.3580As such, I commit to consulting with OCR leadership and staff regarding3581this issue. I also commit to objectively weighing the benefits and risk3582of posting this information, considering both the value of transparency3583and the need to ensure OCR can access information and conduct thorough3584investigations.35853586    Question 8. Do you believe investigators should have local and3587regional relationships with the educational institutions they3588investigate or may investigate?35893590    Answer 8. I believe it is most important for investigators to be3591highly skilled attorneys who are capable of conducting thorough3592investigations, resolving complex legal issues, and who understand the3593role of OCR as a neutral and objective fact-finding law enforcement3594agency. Possessing these skills, including the ability to objectively3595apply the law, is far more important than geographic knowledge of a3596particular region or having established relationships with recipients.35973598    Question 9. Have you ever encouraged employees at the Department to3599attend DEI trainings? Do you believe it was appropriate to put3600employees on administrative leave for taking a DEI training that you,3601or other senior Department staff in the first Trump administration,3602suggested they take?36033604    Answer 9. I have never encouraged anyone to participate in illegal3605DEI activities. While I cannot comment on personnel actions for which I3606have had no involvement or administrative actions taken by the3607Department, I remain committed to prohibiting discrimination on the3608basis of race, color, and national origin--including within OCR.3609                                 ______36103611         Response by Penny Schwinn to questions of Sen. Baldwin36123613    Question 1. Last year, the Wisconsin Department of Public3614Instruction issued a report which stated that over 80 percent of3615Wisconsin elementary schools surveyed had at least one vacancy between36162022-2023, with a quarter of responding schools saying they were unable3617to meet their hiring needs. If confirmed, what steps would you take to3618address the nationwide teacher shortage?36193620    Answer 1. Research has shown that the teacher shortages across the3621country are hyper-local and content-area specific. A solution to such a3622problem requires empowering local leaders to address the unique3623barriers they have to teacher recruitment and retention. As3624commissioner in Tennessee, I oversaw the first Federal teacher3625apprenticeship in the U.S., and the largest set of Grow Your Own3626programs in the country. These solutions work because they are based on3627local contexts and are adaptable to each community's characteristics.3628If confirmed, I will empower states to spend less time reporting up to3629the Department of Education and more time working with districts to3630support them in identifying solutions for their schools.36313632    Question 2. What benefits did you see in Tennessee from3633implementing a Grow Your Own teacher program?36343635    Answer 2. At the state level, Grow Your Own programs were an3636effective tool in Tennessee to address teacher shortages and build a3637locally rooted educator workforce. They helped districts recruit from3638within their own communities--paraprofessionals, career changers, and3639high school graduates. This built stability, reduced turnover, and3640ensured new teachers were better prepared and more invested. It's also3641one of the few strategies with strong return on investment: states saw3642cost savings, stronger retention, and improved outcomes for students.3643That is why states may choose to invest in these programs.36443645    Question 3. If confirmed, do you commit to following appropriations3646laws and the Impoundment Control Act?36473648    Answer 3. If confirmed, I will follow the law.36493650        Response by Kimberly Richey to questions of Sen. Baldwin36513652    Question 1. During your hearing, I raised concerns regarding the3653Department of Education's interpretation for the Bostock decision while3654you were serving as Acting Assistant Secretary. In your response, you3655indicated that you believe Bostock should be applied to certain aspects3656of a student's school experience but not others. Why do you feel the3657word ``sex'' should have a different interpretation in Title IX of the3658Civil Rights Act than it does in Title VII?36593660    Answer 1. There are several reasons why the referenced opinion does3661not control OCR's enforcement of Title IX. Aside from the fact that3662Title IX and VII are different statutes with different anti-3663discrimination language, the work and school environments are very3664different. But, most significantly, the Court specifically rejected the3665universal application of the decision. The Court stated that the3666opinion did not apply to other Federal civil rights laws or legal3667issues not before the Court. If confirmed, I am committed to vigorously3668enforcing Title IX to protect all students, consistent with the3669statutory language, OCR's regulations, and applicable Supreme Court3670precedent.36713672    Question 2. Since January 20, the Trump administration has3673terminated at least 243 employees in the Department's Office of Civil3674Rights and closed more than half of OCR regional offices. Caseloads per3675investigator are estimated to have increased from 42 cases at a time to3676approximately 86 cases per investigative staff. In the President's3677budget request, the Office for Civil Rights budget will be cut by $493678million. What factors will you use to determine if additional staff3679will be needed to ensure cases are given adequate attention and3680resolved in a timely manner?36813682    Answer 2. If confirmed, I will work with OCR leadership to3683understand the current state of OCR's caseload, including evaluating3684the types of pending cases, OCR's current organizational structure, how3685cases are currently distributed, the age of pending complaints, and3686case processing timeframes. I will work to develop a strategic plan and3687consult with the Secretary and OCR leadership to ensure that OCR is3688meeting its statutory mission and purpose. I remain committed to3689ensuring that OCR has the resources it needs to do its job.36903691    Question 3. During her confirmation hearing Secretary McMahon and I3692had an exchange regarding her opinions on Title IX's protection against3693sexual harassment and assault. Ms. McMahon stated she believes sexual3694harassment that is severe or pervasive should be prohibited under Title3695IX. Do you agree that sexual harassment that is severe or pervasive3696should be prohibited under Title IX?36973698    Answer 3. Based on Supreme Court precedent, school liability for3699sexual harassment under Title IX uses, in relevant part, a ``severe and3700pervasive'' standard.37013702    Question 4. If confirmed, do you commit to following appropriations3703laws and the Impoundment Control Act?37043705    Answer 3. If confirmed, I will follow the law.3706                                 ______37073708          Response by Penny Scwinn to questions of Sen. Hassan37093710    Question 1. President Trump seems to be afraid of research,3711transparency, and accountability as he directs agencies to slash3712research budgets, reduce funding for data collection, and gut agency3713expertise.37143715    For example, the Administration has decimated the division at the3716Education Department devoted to the National Assessment of Educational3717Progress, which is mandated by Congress and is a valuable tool for3718tracking academic outcomes.37193720    Without the National Assessment of Educational Progress and3721Department of Education research, parents and policymakers will have3722less information about how our Nation's children are performing and how3723best to direct resources.37243725    Dr. Schwinn, if confirmed, do you commit to reversing the3726significant cuts at the Department that have undermined its mission?37273728    Answer 1. I am aware there is significant interest in the Institute3729of Education Sciences and the National Assessment of Educational3730Progress (NAEP). I believe assessment and accountability are critical3731components of improving outcomes. The NAEP for 2026 is already3732underway. The Secretary has been clear about her commitment to ensuring3733the NAEP assessment continues to provide invaluable data on learning3734across the U.S. noting it is the ``benchmark by which we evaluate the3735state of the American education system.'' If confirmed, I look forward3736to working with the Secretary to support the NAEP and improving3737outcomes for all students.3738                                 ______37393740      Responses by Penny Scwinn to questions of Sen. Hickenlooper37413742    Question 1. As you know, the achievement levels in reading for 4th3743graders have been trending downward since 2019. One of the only ways we3744actually know about that achievement gap is from the National3745Assessment of Educational Progress. The Administration is trying to cut3746funding and have terminated 64 percent of staff at the Institute of3747Educational Sciences which administers this assessment. With so much of3748this team fired, how will we know if kids are struggling to read? And3749how will we be able to fix what we are not able to measure? If3750confirmed, will you commit to making early literacy a priority,3751including continuing to track and measure student achievement?37523753    Answer 1. I believe assessment and accountability are critical3754components of improving outcomes. The NAEP for 2026 is already3755underway. The Secretary has been clear about her commitment to ensuring3756the NAEP assessment continues to provide invaluable data on learning3757across the U.S. noting it is the ``benchmark by which we evaluate the3758state of the American education system.'' If confirmed, I look forward3759to working with the Secretary to support the NAEP and improving3760outcomes for all students.37613762    Question 2. Academic advisors at high schools often make the3763difference in providing students with the help they need to choose the3764right career path. One of the major barriers we hear about when it3765comes to advancing apprenticeship, is that academic advisors are often3766so trained to focus on the 4-year college track, they may not even3767realize what other apprenticeship or workforce training options are3768available to students. If confirmed, what will you do to ensure best3769practices are shared with high schools across the country so that3770academic advisors are able to counsel students on all of the3771opportunities available to them?37723773    Answer 2. Advisors play a critical role, and too often they're3774equipped with a narrow playbook that defaults to a 4-year college path.3775We must elevate career pathways--including registered apprenticeships,3776industry-recognized credentials, and dual-enrollment programs--as high-3777quality options, not second-tier alternatives. Every student should3778graduate with a clear plan and access to real opportunities. That means3779equipping advisors with the tools, data, and flexibility they need to3780guide students toward success--whether that's through college, career3781training, or both. That starts with giving advisors the tools, data,3782and flexibility to guide students toward success on their own terms.37833784    Question 3. The Native American and Alaska Native Children in3785School (NAM) grant program provides support for teaching English3786language and the teaching and learning of Native American languages in3787schools. Projects that receive these grants include teacher training,3788curriculum development, evaluation to support student instruction, and3789parent-community participation. If confirmed, will you commit to3790supporting this program and ensuring that grantees continue to receive3791the funding that they deserve?37923793    Answer 3. I deeply respect the unique cultures, languages, and3794histories of Native American and Alaska Native communities. If3795confirmed, I'll work to ensure programs demonstrate strong outcomes and3796that funding is used effectively to support students. When local3797communities lead, and when we measure results, we see real impact. I'm3798committed to honoring tribal sovereignty, supporting high-quality3799instruction, and ensuring programs like this deliver value for students3800and families.3801                                 ______38023803         Responses by Penny Schwinn to questions of Sen. Markey38043805    Question 1. Do you support President Trump's position that the3806Department of Education be dismantled?38073808    Answer 1. Yes, I support the President's vision of returning more3809authority over education to states and local communities, ensuring that3810decisions are made as close to students as possible.38113812    Question 1(a). Do you believe there should be a Deputy Secretary of3813Education?38143815    Answer 1(a). Yes. Unless Congress deems otherwise, there should be3816a Deputy Secretary of Education.38173818    Question 2. Do you believe that the Federal Government adequately3819funds public schools in this country?38203821    Answer 2. The United States spends more on education per pupil, at3822both the K-12 and post-secondary levels, than almost any country in the3823world. I believe education is fundamentally a state and local3824responsibility, but the Federal Government plays an essential role in3825supporting students, particularly through its enforcement of Federal3826civil rights laws. While total Federal education funding is limited--3827about 8-10 percent of overall K-12 spending--it is vital that those3828dollars are used strategically and reach students directly. Rather than3829expanding bureaucracy, we should simplify funding streams, reduce3830administrative burdens, and expand parents' ability to direct how those3831dollars are spent. States and local districts are best positioned to3832determine how to allocate resources effectively, and the Federal3833Government should focus on empowering them to do so and transparently3834reporting those outcomes.38353836    Question 3. During Secretary McMahon's confirmation hearing, the3837Secretary stated, ``The President is not saying that we should cut3838funding to public education.'' Yet since then, Secretary McMahon and3839President Trump clawed back $106 million of Federal funds from3840Massachusetts public schools and $2 billion nationwide. They then3841submitted a Presidential Budget Request that would slash K-12 funding3842by $4.5 billion in fiscal year 2026.38433844    Question 3(a). Do you support cutting funding by $4.5 billion for3845public schools?38463847    Question 3(b). How do you suggest local school districts make up3848for the loss of $4.5 billion in Federal funding?38493850    Question 3(c). How do you suggest local school districts in3851Massachusetts accommodate for disruption caused by the claw back of3852$106 million?38533854    Question 3(d). How would you respond to a student who asked why3855their local school district lost funding?38563857    Question 3(e). How would you respond to an educator or member of3858school staff who asked why their school district lost funding?38593860    Question 3(f). How would you respond to a parent who asked why3861their school district lost funding?38623863    Answer 3(a)--3(f). I support the President's vision to reduce3864bureaucracy, increase transparency, and give states and local school3865districts more flexibility to use funds in ways that best serve their3866communities. The goal is not simply to spend more--it's to spend3867smarter by situating dollars and decision-making closest to the3868students these programs affect, with a clear return on investment and3869better outcomes for kids. I have not been a part of actions taken with3870respect to Fiscal Year (FY) 2025 funding, so I cannot comment on those3871decisions. I have also not been involved in the development of the3872fiscal year 26 budget. Ultimately, it is up to Congress to appropriate3873funds and decide on funding levels. If confirmed, I look forward to3874being a part of the conversations related to the best use of Federal3875dollars.38763877    Question 4. In the President's Fiscal Year 2026 Budget Request, the3878President has requested eliminating the following sources of funding to3879K-12 schools: money for states and local communities to teach migrant3880children, for full-service community schools, and for teacher and3881school leader incentive grants.38823883    Question 4(a). Do you support eliminating funding for each of these3884programs?38853886    Question 4(b). How do you suggest school districts make up for the3887loss in this funding?38883889    Answer 4(a)--4(b). As I was not involved in the development of the3890fiscal year 26 budget, it would be inappropriate for me to comment on3891decisions that were made. Ultimately, it is up to Congress to3892appropriate funds and decide on funding levels. If confirmed, I look3893forward to being a part of the conversations related to the best use of3894Federal dollars.38953896    Question 5. In the President's Fiscal Year 2026 Budget Request,3897sometimes referred to as the ``skinny budget,'' the President has3898requested eliminating funding for Ready to Learn educational media3899programming. Do you support eliminating funding for this program?39003901    Answer 5. As I was not involved in the development of the fiscal3902year 26 budget, it would be inappropriate for me to comment on3903decisions that were made. Ultimately, it is up to Congress to3904appropriate funds and decide on funding levels. If confirmed, I look3905forward to being a part of the conversations related to the best use of3906Federal dollars.39073908    Question 6. In the President's Fiscal Year 2026 Budget Request,3909sometimes referred to as the ``skinny budget,'' the President has3910requested eliminating funding for adult basic education and literacy3911programs. Do you support eliminating funding for this program?39123913    Answer 6. As I was not involved in the development of the fiscal3914year 26 budget, it would be inappropriate for me to comment on3915decisions that were made. Ultimately, it is up to Congress to3916appropriate funds and decide on funding levels. If confirmed, I look3917forward to being a part of the conversations related to the best use of3918Federal dollars.39193920    Question 7. The Inflation Reduction Act established tax incentives3921and grant programs that can lower energy costs through installation of3922clean energy technologies, providing energy efficiency improvements,3923and purchasing clean school buses. Do you support these tax credits and3924programs, or do you think schools should be forced to pay for these3925necessary upgrades on their own?39263927    Answer 7. I do not have enough information to provide an opinion on3928this issue with respect to the role of the Department of Education.3929Should I be confirmed, I look forward to discussing this issue with3930staff at the Department.39313932    Question 8. According to a report from the Private Equity3933Stakeholder Project, since 2007, the education sector has seen3934increases each year in deals made by private equity firms and3935investors.39363937    Question 8(a). What is your position on the role of private equity3938firms and investors in education?39393940    Question 8(b). What types of guardrails should be placed on private3941equity investment in education?39423943    Question 8(c). What is your response to the possibility that3944reduced public funding in public education will translate to an3945increase in private equity investment in public education?39463947    Question 8(d). In your confirmation hearing, you stated that3948education should be directed by those closest to students including3949parents, school districts, and states. Do you believe that private3950equity firms should be developing curriculum, hiring teachers, or3951otherwise investing in K-12 education?39523953    Answer 8(a)--8(d). Innovation and efficiency can come from the3954private sector--but strong guardrails are essential. Any entity3955operating in public education, including private equity firms, must be3956held to the highest standards of transparency, accountability, and3957student outcomes.39583959    Curriculum, staffing, and student support decisions should rest3960with those closest to students: states, districts, and families. The3961Federal Government has a responsibility to set clear expectations,3962protect student data, and ensure that all partners deliver real3963educational value.39643965    Question 9. The Supreme Court has ruled that the Fourteenth3966Amendment of the U.S. Constitution forbids states from denying3967undocumented children the right to attend a public school due to their3968immigration status. Do you commit to ensuring that Federal law is3969followed as it pertains to school enrollment?39703971    Answer 9. I commit to following the law.39723973    Question 10. On his first day in office, the Trump administration3974issued a directive rescinding the Department of Homeland Security's3975guidelines titled ``Guidelines for Enforcement Actions in or Near3976Protected Areas.''39773978    Question 10(a). Do you support President Trump's directive to grant3979the U.S. Immigration and Customs Enforcement (``ICE'') the authority to3980take immigration enforcement actions at or near schools, including pre-3981schools, primary and secondary schools, and vocational or trade3982schools?39833984    Answer 10(a). The Department of Education does not have3985jurisdictional responsibility over U.S Immigration and Customs3986Enforcement. As an education leader, my focus is ensuring that every3987student receives access to a high-quality education.39883989    Question 10(b). Do you support President Trump's directive to grant3990the U.S. Immigration and Customs Enforcement (``ICE'') the authority to3991take immigration enforcement actions at places where children gather,3992such as before-and after-school care centers, school bus stops, and3993recreation centers?39943995    Answer 10(b). The Department of Education does not have3996jurisdictional responsibility over U.S Immigration and Customs3997Enforcement. As an education leader, my focus is ensuring that every3998student receives access to a high-quality education.39994000    Question 11. The Borrower Defense program provides student debt4001relief to borrowers who were defrauded by predatory institutions.40024003    Question 11(a). If confirmed, do you commit to allocating adequate4004resources to effectively carry out reviews and processing for borrower4005defense claims?40064007    Answer 11(a). As I have not had the benefit of consultation with4008the Secretary or experts at the Department, I am unable to commit to4009any specific course of action. I will however commit to following the4010law and looking into this matter, should I be confirmed.40114012    Question 11(b). Do you commit to discharging any outstanding debt4013already approved for discharge under the borrower defense program?40144015    Answer 11(b). As I have not had the benefit of consultation with4016the Secretary or experts at the Department, I am unable to commit to4017any specific course of action. I will however commit to following the4018law and looking into this matter, should I be confirmed.40194020    Question 11(c). The budget reconciliation bill that recently passed4021the House of Representatives removes protections for student borrowers4022that attended for-profit colleges. Do you believe the Department of4023Education should maintain the authority to investigate for-profit4024schools and cancel the loans of students at these colleges who are4025saddled with unaffordable debt?40264027    Answer 11(c). If confirmed, I can commit to following the law and4028continuing to carry out the statutory responsibilities of the4029Department of Education. What those responsibilities are is the4030responsibility of Congress to decide.40314032    Question 12. Three million educational support professionals4033including paraeducators, classroom assistants, bus drivers, custodial4034workers, and others provide crucial services to students and schools.4035One third of education support professionals who work full-time earn4036less than $25,000 per year.40374038    Question 12(a). If confirmed, do you commit to supporting efforts4039to raise the wages of educational support professionals?40404041    Question 12(b). If confirmed, do you commit to supporting increased4042Federal funding for school districts to support professional4043development and credentialing programs for education support4044professionals?40454046    Question 12(c). If confirmed, do you commit to supporting efforts4047to improve benefits for education support professionals, including4048access to affordable and high-quality health care?40494050    Answer 12(a)--12(c). I believe that school personnel matters,4051including pay, benefits, training, and development are best left to4052each state and locality to decide. Further, I support the President's4053vision of returning more authority over education to states and local4054communities, ensuring that decisions are made as close to students as4055possible. Important personnel decisions, including those pertaining to4056salary and benefits, rest with the states, not Washington.40574058    Question 13. Do you believe that workers in public schools should4059have the right to unionize and collectively bargain?40604061    Answer 13. I believe that school personnel matters are best left to4062states to decide.40634064    Question 14. Your ethics paperwork and recent reporting raises4065concerns about your spending of public dollars as Vice President for4066PK-12 and Pre-Bachelors Programs at University of Florida. Please4067comment on whether you believe your spending on travel and other4068expenses reflected good stewardship of public dollars.40694070    Answer 14. I take the stewardship of public dollars seriously and4071have always worked to ensure that spending aligns with policy, purpose,4072and public trust. All expenses at the University of Florida were4073approved through standard processes, and I followed institutional4074guidelines at every step. My travel was limited to essential in-person4075needs to reduce costs, and my role operated without a dedicated budget4076or team, which kept overall expenses low. I cannot speak to the4077practices of other departments, but I am confident in the integrity of4078my own actions and remain committed to transparency and accountability.40794080    Question 15. In your written testimony, you mentioned your support4081for ``honest accountability.'' If confirmed, do you commit to4082responding to inquiries and document requests from Members of Congress4083in an accurate and timely manner?40844085    Answer 15. If confirmed, I will work with the Office of Legislation4086and congressional Affairs, as appropriate, to be as responsive as4087possible to all congressional inquiries and requests for information in4088a timely and thoughtful way.40894090    Question 16. If confirmed, do you commit to cooperating with any4091investigations conducted by the Department of Education Office of the4092Inspector General?40934094    Answer 16. If confirmed, I commit to following all laws,4095regulations, and Department policies and procedures regarding4096engagement with the Department's Office of the Inspector General in my4097capacity as Deputy Secretary.40984099        Responses of Kimberly Richey to questions of Sen. Markey41004101    Question 1. If confirmed, do you commit to reversing any funding4102cuts or other sanctions imposed upon universities that were not4103afforded due process they are entitled to under the constitution and4104Title VI of the Civil Rights Act?41054106    Answer 1. It would not be appropriate for me to commit to any4107specific course of action without first reviewing ongoing cases and4108consulting with Department leadership, including OCR leadership and4109staff. As a nominee, I do not have the benefit of knowing the full4110scope of any ongoing investigation or evaluation of evidence that led4111to specific course of action in a particular case. Should I be4112confirmed, I commit to following the law.41134114    Question 2. If confirmed, do you commit to ensuring all actions4115taken by the Office of Civil Rights under your leadership comply with4116Title VI of the Civil Rights Act?41174118    Answer 2. If confirmed, I commit to following the law.41194120    Question 3. If confirmed, do you commit to ensuring all actions4121taken by the Office of Civil Rights under your leadership comply with4122the Constitution of the United States?41234124    Answer 3. If confirmed, I commit to following the law.4125                                 ______41264127       Responses of Penny Schwinn to questions of Sen. Alsobrooks41284129                   Cutting Education Research at IES4130    Question 1. You've advocated for a DARPA-style investment in4131education research, calling for a National Center for Advanced4132Development at the Institute of Education Sciences (IES) to pursue4133``outside-the-box R and D'' for students. Yet, one of the first actions4134taken by this Administration was to cut $900 million in IES contracts4135and lay off nearly 90 percent of its staff. Do you still believe, as4136you wrote, that ``investments in education research can't wait''?41374138    Question 1(a). If confirmed, will you push for the resumption of4139canceled IES contracts?41404141    Answer 1--1(a). I am aware there is significant interest in the4142Institute of Education Sciences. However, I cannot comment on any4143actions taken by the Department as I do not have the knowledge or4144benefit of all the information and discussions that went into them. I4145believe accountability is a critical component of improving outcomes.4146If confirmed, I look forward to being a part of the conversation with4147the Secretary and Department leadership around the best use of Federal4148dollars and how to most effectively support students.4149                    State and Federal Collaboration4150    Question 2. Maryland has invested significantly in closing4151achievement gaps through the Blueprint for Maryland's Future. How would4152you support state-led efforts like ours to promote educational equity,4153and what role should the Federal Government play in complementing these4154initiatives?41554156    Answer 2. Maryland's efforts to improve student outcomes through4157state-led initiatives like the Blueprint highlight the important state4158role in advancing education outcomes. The Federal Government should aim4159to support these efforts by reducing administrative barriers, promoting4160the exchange of effective practices, and ensuring transparency--while4161respecting state decision-making. If confirmed, I'd work to make sure4162Federal programs complement, not complicate, bold state reforms.41634164    Question 3. The Maryland delegation sent a letter requesting the4165reinstatement of $98 million in Elementary and Secondary School4166Emergency Relief (ESSER) funds that were clawed back by the Department4167of Education. To date, we have not received a formal response or update4168from the Department. Will you commit to providing the Maryland4169delegation with a written update on the status of this request within417030 days of your confirmation?41714172    Question 3(a). Will you commit to expediting this request within 304173days of your confirmation so that Maryland's state education agencies4174and local education authorities can proceed with clarity for planning4175the Fiscal Year 26 budget?41764177    Answer 3--3(a). I understand these issues are currently the subject4178of litigation. I do not believe it appropriate for me to commit to a4179specific course of action, especially on matters subject to litigation,4180without first having an opportunity to consult with staff at the4181Department and, as appropriate, at the Department of Justice. Should I4182be confirmed, I will seek that consultation.4183                                 ______41844185    [Whereupon, at 11:56 a.m., the hearing was adjourned.]41864187                                  [all]