Democrats urge DeVos to toss 'supplement-not-supplant' proposal

Key congressional Democratic leaders on education have asked the Education Department to abandon proposed guidance pertaining to Title I spending.

Instead, Rep. Bobby Scott (D-Va.), the chairman of the House Education and Labor Committee, and Sen. Patty Murray (D-Wash.), the ranking Democrat on the Senate HELP Committee, said in a letter dated Feb. 22 to Education Secretary Betsy DeVos that the department should conduct negotiated rulemaking on the issue of "supplement, not supplant."

"Subregulatory guidance is not legally enforceable," the lawmakers wrote. "We fear leaving this fiscal requirement unregulated and without a meaningful standard against which the Department can enforce compliance, will lead to abuse of the intended flexibility and an erosion of the effectiveness of the federal investment."

The lawmakers say that "contrary to Congressional intent," the proposed guidance gives districts "absolute flexibility" that goes "well beyond the flexibility intended by Congress" to determine whether federal funds have been used to supplement state and local investments in high-poverty schools.

An Education Department spokesperson has said that the department has received positive feedback from many education groups in response to the proposal.

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