▶ 0:16:11>> thanks to our nominees for being here. If confirmed you will be crucial in advancing president trump's agenda improving the lives of all americans. It confirmed as decker terry secretary of africa eight -- education, as bureaucracy and red tape that stood in the way. Dr.
▶ 0:16:35Schwinn has a strong record of improving education systems and the chief deputy secretary. She personally met with president trump to discuss these issues. This will be vital as the trump administration looks to return power over education to state and ensure all students have the opportunity to succeed. The committee will hear from Ms.
▶ 0:17:01Richey nominated for assistant secretary for civil rights at the department of education. She brings experience from state agencies addressing discriminatory practices in k-12 schools and universities nationwide. This is important as the administration works to address the troubling anti-semitism on college campuses. Next the can city is considering Mr.
▶ 0:17:31Aronowitz, to lead the employee benefits administration. The term for workers including independent contractors. His decades of legal experience will be an asset to this mission. Lastly the committee will hear from Mr. keeling nominated to head the occupational safety and health administration better known as osha.
▶ 0:17:58Strong support from businesses, if confirmed he committed to ensure osha relations reflect what is best for workers. Thank you to all of our witnesses appearing before the committee.
▶ 0:18:15Sen. Baldwin: Thank you chairman cassidy and thank you to our nominees for being here today. We are holding this hearing today as the trump administration makes daily attacks on public education, worker safety, retirement security.
▶ 0:18:35Sen. Baldwin: The nominees before us will be tasked with carrying out the administration's dangerous agenda to remove worker safety protections, rescind rules that protect retirees and those nearing retirement. Dismantle the entire department of education and undercut civil rights protections for historically marginalized groups. The nominees themselves may have different goals if they are confirmed.
▶ 0:19:06Sen. Baldwin: The actions taken by the trump administration so far and the budget requests for the department of education and labor submitted to congress make clear exactly what they will be instructed to do in their roles. I'm deeply concerned by the administration's approach at the department of labor. This administration claims to be pro-worker. Their actions demonstrate the opposite.
▶ 0:19:34Sen. Baldwin: They are paying lip service to hard-working americans while enacting an agenda to decimate their rights, protections, hard-earned benefits. The occupational safety and health administration is predicting it will inspect almost 10,000 fewer workplaces next year then it inspected in 2024 if the administration's budget cuts were fully enacted.
▶ 0:20:01Sen. Baldwin: Reducing the number of inspections leads to more unsafe environments. More injuries and more families facing uncertainty that comes from losing hours at a job or dealing with a work injury. Mr. keeling has been nominated to be at the helm of osha. The employee benefits security administration has already lost roughly 30% of its staff since the beginning of 2025.
▶ 0:20:33Sen. Baldwin: With those losses concentrated in the enforcement division. The office that protects consumers as they navigate health and retirement plans. It oversees private retirement plans, health plans, other benefits. Which collectively hold about $14 trillion in assets. These plans cover 100 56 million workers, retirees, and their dependents.
▶ 0:21:04Sen. Baldwin: Slashing staff that ensure they are following the law and working in consumer's best interest helps no one except the corporations who could more easily cut corners, harming workers and retirees. Mr. iran Mr. iraronowitz has been nominated to lead a much diminished ebsa.
▶ 0:21:32Sen. Baldwin: The trump administration has laid off nearly half of the staff at the department of education leading to more delays and inefficiencies that are directly harming students and schools. The administration has terminated funding that congress appropriated for programs intended to benefit students, resources that were already in use in communities in wisconsin and elsewhere.
▶ 0:22:02Sen. Baldwin: Pulling the rug out from plans to use that money for summer learning, teacher training. Earlier this week I pushed secretary mcmahon on her decision to discontinue grants to expose access -- expand access to mental health care for students which congress authorized and funded on a bipartisan basis.
▶ 0:22:26Sen. Baldwin: The nominee to be decker terry -- deputy secretary of education will be overseeing the implementation of federal laws. I expect these laws to be implemented as intended.
▶ 0:22:43Sen. Baldwin: The nominee to be assistant secretary for several rights -- civil rights is nominated to lead an office engaged in a troubling trend of halting cases based on race, gender, disability while opening a slew of what appeared to be politically motivated investigations into school districts and universities.
▶ 0:23:08Sen. Baldwin: Just as the office of civil rights received its highest ever volume of complaints last year, the department closed seven of its 12 regional offices and fired nearly 300 office of civil rights staff. Investigators have seen their caseloads skyrocket from 42 cases per investigator to 115.
▶ 0:23:36Sen. Baldwin: Making it difficult for those investigators to meaningfully investigate discrimination and protect student rights. I'm glad we have the opportunity to hear from you today. We should all be concerned at the administration's actions as they demonstrate how little they care for doing right by these students, teachers, workers.
▶ 0:23:59Chair Cassidy: Thank you. I will introduce each nominee just prior to the she speaking. We are joined by Dr. penny schwinn. If confirmed Dr. schwinn will help lead the department as it works to deliver results for children and families.
▶ 0:24:26Chair Cassidy: She previously served as commissioner of education where she served as chief deputy commissioner. She holds a phd from claremont graduate school.
▶ 0:24:38Dr. Schwinn: Thank you. It is an honor to be here before you as a nominee for deputy secretary of education. I'm grateful for the support of my family, friends, and former colleagues. I want to thank my children who could not be here today. My daughter is in the national soccer championship in st. Louis. She's a goalie. Toughest job.
▶ 0:25:04Chair Cassidy: You are not there, I feel guilty.
▶ 0:25:11Dr. Schwinn: I will be flying there as soon as possible. I want to thank my family in gilbert, california and my mom who is behind me right now, behind me for 42 years. A classroom teacher and the reason I am here today. From the moment I got to speak with each of them, I have been continually grateful to donald j.
▶ 0:25:38Dr. Schwinn: Trump and secretary mcmahon for the confidence they have placed in me and the vision they are casting for america's education system. Economically, socially, strategically, it is also deeply personal. I come from a family of teachers. Education isn't just a profession, it is a calling. I have served as a charter school founder, elected school board member and state chief across five very different states.
▶ 0:26:09Dr. Schwinn: It's through that lens that I feel the most urgency and responsibility to give better outcomes for every child in this country. After 20 plus years I have learned the most significant difference between policies that work and policies that don't are those that work elevate the needs of students over the needs of systems. We are in a moment of crisis. Just 31% of fourth graders and 30% of eighth graders are proficient in reading.
▶ 0:26:41Dr. Schwinn: Reading scores have dropped by a point since 2019 and that remains below pre-pandemic levels. These numbers are not just to sticks. They represent millions of students falling behind in a global economy that can't afford it. The U.S. faces a shortage of 1.7 million workers. We know what works is what delivers results. When states are in power, we see progress.
▶ 0:27:10Dr. Schwinn: In tennessee we achieved real outcomes. Rather than being bound by rigid funding categories we prioritize what mattered most for our students. It worked. Tennessee became one of only two states to rank in the top 25. Our school district grew by 25,000 teachers. It led to the highest growth in english language arts standards since the induction. We did not stop there.
▶ 0:27:41Dr. Schwinn: 100,000 students gained access to industry credentials and apprenticeships. Dual enrollment rose by 71%. We tripled stem school designations. We also made smart views. Georgetown university's economics lab found tennessee was one of just six states with measurable returns on investment. That didn't happen by accident.
▶ 0:28:10Dr. Schwinn: It was the result of prioritizing students, trusting leadership and focusing relentlessly on results. None of that would've been possible without tennessee's incredible parents, teachers, school leaders, elected officials, and community partners. I was honored to serve. The results came from local action, shared responsibility, and accountability. That spirit of shared ownership and local excellence is the path forward.
▶ 0:28:41Dr. Schwinn: The president and secretary have made clear we must empower states, expand choice, and ray reading outcomes. I'm honored to support that mission not just as a policymaker but as a mom, teacher, lifelong believer in what is possible for our children. I will never forget the students in my moms classroom learning to to read in the fourth and fifth rate. That was nearly 35 years ago. Too little has changed.
▶ 0:29:12Dr. Schwinn: We owe it to them to keep our promise. I pledge to tirelessly work for them and every other one of 50 million students in this country. I look forward to your questions.
▶ 0:29:26Chair Cassidy: We are also joined by kimberly richey. If confirmed, she will leave the office responsible for addressing civil rights compliance on college campuses including the backlog of title vi complaints. She has experience in the office of civil rights having also serves their in the first trump administration.
▶ 0:29:57Chair Cassidy: She holds a law degree from the university of oklahoma. I look forward to hearing from you today.
▶ 0:30:06Ms. Richey: Honorable members of this committee, I am grateful and honored to appear before you today as president trump's nominee to lead the office of civil rights. I want to thank president trump and secretary mcmahon for their support and the opportunity to continue the critically important work. I want to thank my family, their prayers, love, support have sustained me.
▶ 0:30:37Ms. Richey: My parents who are also here. My sister and brother-in-law. My greatest gifts of all, pierce, anna, ella mae. I'm first and foremost the daughter of a retired 34 year public school teacher.
▶ 0:30:59Ms. Richey: Who taught me the innate obligation and the importance of speaking up for those who have no voice in seeking justice for those to whom it has been denied. I know from my nearly seven years in ocr the vital moment in place for so many students and families across our great nation. Students cannot gain the knowledge and skills they need to be successful if they can't access educational programs and activities.
▶ 0:31:29Ms. Richey: Secretary mcmahon highlighted the significant challenges and our commitment to addressing these challenges. She stated we must protect all students from discrimination and harassment. The department will not stand idly by while jewish students are attacked and discriminated against. My commitment to these priorities is unwavering.
▶ 0:32:02Ms. Richey: I will probably be joining an administration that will not allow students to be intimidated , harassed, assaulted, excluded from their institutions. I will work every day to uphold title vi including fighting anti-semitism to address these great evils. They tried to access education programs and activities and facilities free from discrimination.
▶ 0:32:32Ms. Richey: Throughout my career I have worked to increase outcomes and advanced civil right protections for students whether it be securing services for students in treatment programs, providing accommodations to students in state assessment systems, or setting up a charter school, creating a way for native american students to receive world language credit for learning their native language.
▶ 0:33:00Ms. Richey: During my tenure in the office of education and rehabilitative services they issued guidance clarifying the obligations of school district and the supreme court's groundbreaking decision. We also concluded what was at the time the largest investigation involving a state.
▶ 0:33:24Ms. Richey: Under my leadership as acting assistant secretary of civil rights, ocr investigated to protect and preserve the rights of women and girls in cases involving biological males. We launched multiple investigations examining the special education services that were provided to students in the covid-19 pandemic. We provided technical assistance to schools implementing the 2020 recommendations.
▶ 0:33:54Ms. Richey: Single-sex programs. Use of title vi to protect your students from discrimination as impactful as I view these, as a student with a disability that most impacts my work. As a young adult I was diagnosed with a brain tumor. Within a matter of months I was a student who needed the protections of 504.
▶ 0:34:28Ms. Richey: I know firsthand the significance and the importance of our civil rights laws. There's no greater work and leading an agency responsible for making sure students get the services they need. I'm committed to upholding the laws, prioritizing the mission and conducting thorough investigations consistent with the law and the authority that congress has granted to ocr.
▶ 0:34:56Ms. Richey: Sitting in this seat today I feel blessed that 20 years since I had my tumor removed I have the opportunity to lead the very office responsible for enforcing the laws that protected me. If I'm urgent enough to be confirmed that mindset will guide me every day in this job just as it has the last 20 years. Thank you for considering my nomination. I look forward to your questions.
▶ 0:35:23Chair Cassidy: Thank you. We are also joined by daniel aronowitz. President trump's nominee for assistant secretary of the employee benefits security administration.
▶ 0:35:38Chair Cassidy: If confirmed, he would lead the agency responsible for overseeing more than 800,000 private retirement plans, 2.6 million health plans, 514,000 benefit plans that hold about $14 trillion in assets. He has decades of private sector experience as an underwriter. He is a graduate of the ohio state university.
▶ 0:36:10Chair Cassidy: In the vanderbilt university school of law. Thank you for joining us.
▶ 0:36:19Mr. Aronowitz: Thank you for considering my nomination to lead the employee benefits security administration. I thank president trump, secretary chavez, for nominating me. I am escorted today by my wife, my 17-year-old daughter, my 15-year-old son isaiah.
▶ 0:36:49Mr. Aronowitz: My former mentor is also supporting me today. I have been a champion of employee benefit plans my entire career. After graduating from ohio state and vanderbilt school of law I started my career as a management liability insurance lawyer.
▶ 0:37:06Mr. Aronowitz: I led a turnaround where we helped grow the union movement by protecting multi employer and governmental plans and help to lots training -- launch training programs. In 2011i founded now called encore fiduciary.
▶ 0:37:30Mr. Aronowitz: We built a premier fiduciary underwriting company that is known or unique fiduciary thought leadership including the figure of law led by -- read by thousands of professionals. It ensures the most this dictated -- sophisticated plans in america raining from fortune 500 companies to pooled employer plans.
▶ 0:37:56Mr. Aronowitz: In these roles I witnessed the most important fiduciary event in the last three decades including the enron and worldcom scandals. The city of detroit bankruptcy and the 2008 financial crisis. I participated in hundreds of department of labor and internal revenue service audits.
▶ 0:38:22Mr. Aronowitz: My job, my mission was to protect client fiduciaries and assets to ensure and safeguard the account of every worker insured by fiduciary and cybersecurity policies. Payouts that have restored $100 billion to protect the retirements of 30 of america's workforce. I learned how to improve america's employee benefit system.
▶ 0:38:52Mr. Aronowitz: I was a lawyer, I led a corporate turnaround and then a successful startup. I will work hard to unleash and unlock the creativity and full potential of america's employee benefit system. None of this will happen until we improve and provide regulatory clarity on key issues. We need a major turnaround and I am and asked.
▶ 0:39:20Mr. Aronowitz: Turnaround manager with unique expertise and experience. First we will end the practice of open-ended investigations go on for years. We will end the bias against other legitimate ways to expand benefits and ownership to america's workers. The enforcement will be fair, even handed and efficient.
▶ 0:39:44Mr. Aronowitz: We will strive to provide regulatory clarity so sponsors have the proper incentive to expand employee benefits. Many issues like private equity, cryptocurrency, and esg considerations require more clarity with less burden to plan sponsors. We will end the era of litigation by providing clear and effective fiduciary guidance.
▶ 0:40:12Mr. Aronowitz: We will rescore discretion so fiduciaries, not the government decide what is best for america's participants. Thirdly and finally I will champion the cause of encouraging plan sponsors once we give them evenhanded enforcement and regulatory clarity to expand retirement in health care to america's workers .
▶ 0:40:39Mr. Aronowitz: With the regulatory burden reduced we will unlock the full potential of the voluntary employee benefit system. Thank you for considering my nomination. I want to get to work on what I can do the best job in the federal government. Thank you.
▶ 0:40:56Chair Cassidy: Thank you. Lastly we are joined by david keeling, president trump's nominee for secretary of occupational health and occupational safety or osha. If confirmed he will lead the agency responsible for ensuring safe workplaces for american workers. He started his career as a part-time package handler and worked his way up to workplace safety for employers.
▶ 0:41:28Chair Cassidy: He's a graduate of the university of louisville. We look forward to hearing from you today. Thank you for joining us.
▶ 0:41:34Mr. Keeling: Thank you. I'm honored to appear before you today as a nominee or assistant secretary of labor for osha. I want to express my deepest gratitude to president donald j. Trump and the secretary for entrusting me with this responsibility. It's a privilege to be considered for role that play such a are in our nations, coworkers and citizens.
▶ 0:42:03Mr. Keeling: I want to thank my family and colleagues for their support. My amazing wife, my son and daughter, everyone has a y, why they get up in the morning, why we care about making the world a better place. These three are my why. I would like to thank my parents and sister as well as members of the kel the keeling family here today or sending prayers my way.
▶ 0:42:33Mr. Keeling: God blessed me with a remarkable family. Those sets of loving parents and grandparents. Four angels. Throughout my 40 years in occupational safety and health I have dedicated myself to making sure everyone goes home to their loved ones. This passion was influenced by the death of my uncle who died in a farming accident at the age of 17.
▶ 0:43:02Mr. Keeling: The pain of my uncles death, his name wasn't used every day. His loss is always there at my grandparents house. In my time as a safety professional and teamster, nothing is more beneficial than collaboration between employees and employers. I've had the opportunity to walk on far more concrete.
▶ 0:43:31Mr. Keeling: The best source originates with the people who perform the job every day. These experiences have a deep understanding with the reports of collaboration, transparency. I want to thank the career employees at osha both past and present. Their passion is recognized and they are greatly respected. I want to reassure great opportunity lies in front of us. I believe we have reached a crossroads.
▶ 0:44:02Mr. Keeling: My fear is osha is at risk of losing its position. Not because of any failure because of outdated systems and processes. If confirmed my goal is straightforward and simple. I hope not only to continue accelerating the pace of modernization in the area of regulatory oversight. Technologies and analytics beyond simple regulatory compliance to injury prevention.
▶ 0:44:35Mr. Keeling: We must take advantage of existing global industries that have gone through a much more rigorous review and continuous improvement. It will not come as a surprise to this committee that many of the existing standard have become antiquated and unusable in the workplace. Expanding the leadership in areas of cooperation, collaboration, we all want the same thing.
▶ 0:45:06Mr. Keeling: We must move beyond existing silos to achieve real improvement. We must modernize any update. The current programs provide basic platform. Critical work needs to be done to achieve successful outcomes. I truly believe in the greatness of employee safety. My third and final goal relates to osha transformation.
▶ 0:45:34Mr. Keeling: Technology is available today that wasn't available when it was originally put in place. The on-site safety efforts through predictive analytics. We must engage at risk employers through proactive risk indication before a worksite tragedy has taken place. We should never get to a worksite after it is too late. I have confirmed to working with each of you so no family sits down at the dinner table at an empty chair.
▶ 0:46:03Mr. Keeling: By working with this committee we could achieve real and meaningful progress. I hope to achieve these goals. I welcome the opportunity to address your questions and discuss how my views align with the workforce that we serve. Thank you for your time. I look forward to the discussion.
▶ 0:46:25Chair Cassidy: When president trump nominated you he said you have a strong record of levering results for children and families. We are turning education back to the states. Very quickly because I have limited time. The president trust your leadership and judgment. Tell me why he selected you to be the deputy secretary of education?
▶ 0:46:54Dr. Scwhinn: He said he wanted a strong conservative education leader who shared his vision to make the united states the number one country in the world related to student outcomes. We talked about school choice, literacy, and how to make america the highest performing. He looked at the track record of all of these issues. What I could do to take my management experience.
▶ 0:47:24Chair Cassidy: Under this administration the department has been very clear about efforts to make sure federal funding does not support violation including the use of divisive race-based ideology, the promotion of leftist ideology and undermining parental rights on abortion, sex education, and transgender issues.
▶ 0:47:51Chair Cassidy: Could you commit that you are aligned with president trump alissia agenda and please elaborate on the state and local level on these issues.
▶ 0:48:01Dr. Scwhinn: These were issues I discussed with the president and secretary make and. In tennessee to give specific examples a number of laws and policies were passed by the governor and the general assembly. We passed laws within that state looking at materials and ideologies in the classroom related to instructional materials and the implementation of those laws.
▶ 0:48:30Dr. Scwhinn: It is something that I am very committed to. My responsibility in my role as commissioner was to ensure that there was strong local authority to local communities and students have an opportunity to weigh in on what was appropriate or their local communities. They have the opportunity to ensure they have the process so the state was there to be sure the law was being worst as intended.
▶ 0:49:03Dr. Scwhinn: The consequences for not following the law. If you did not follow the law the consequences were pretty severe. It was a $1 million fine on the first infraction. We took it very seriously with the state and that continues to be the policy. We believe very clearly we need to teach the standard. Able to do math on grade level and empower them to do what they want to do when they graduate.
▶ 0:49:34Chair Cassidy: We go to you miss richey. According to sponsored research 20% of the population is dyslexic, meaning they learn to read differently. Despite being the most prevalent learning disability, students are rarely tested.
▶ 0:49:57Chair Cassidy: Studies have shown children who suffer from undiagnosed dyslexia have lifelong harm, low career wages, reduced graduation rate and increased rates of incarceration. As the department of education streamlines funding, how could you ensure resources are there to identify and address issues with dyslexia?
▶ 0:50:21Ms. Richey: I will go ahead and speak specifically to that. I couldn't agree more. It is one of the most important things we could do to ensure our students are reading at a grade level. It was funded as part of the special education disability categories. The funding specifically to address that issue using existing state funding.
▶ 0:50:52Ms. Richey: We increase the assessment to that early indication and warning. One of the things we could do is support all of our states and territories with guidance on how they could empower themselves with the laws and policies that work best in their local communities. Being able to share mississippi, louisiana, tennessee, sharing these best practices to see how we grow at a faster rate in areas like characteristics of dyslexia have been important.
▶ 0:51:23Chair Cassidy: I don't want to hold other people up.
▶ 0:51:30Sen. Baldwin: The nation's face challenging working condition. They are too frequently exacerbated by instances of workplace violence. It is a financial issue for our health care system as well.
▶ 0:51:49Sen. Baldwin: The american hospital association released a report just this week that states hospitals with more than $18 billion in 2023 on cost associated with managing workplace violence. We had a chance to talk about workplace violence when we met earlier this year. I appreciated hearing that you take this issue seriously.
▶ 0:52:12Sen. Baldwin: My workplace violence prevention for health care would address this issue through congressional action. The department of labor currently plans to issue a notice of proposed rulemaking in june of this year. For the workplace violence in health care rulemaking. You commit to getting this proposed rule issued and finalized as soon as you are can firm?
▶ 0:52:44Mr. Keeling: I appreciate the time we were able to spend in your office. I had two family members involved in home health care for health care facilities. Absolutely, I see it as being a massive opportunity and I look forward to working with your office.
▶ 0:53:04Sen. Baldwin: In 2020 they ruled that the word sex entitled seven of the civil rights act encompasses protections based on orientation and gender identity. Justice gorsuch wrote the opinion that ruled it as illegal to discriminate against someone in the workplace for being gay or transgender.
▶ 0:53:38Sen. Baldwin: They released guidance in 2021 in response to this opinion while you are serving as acting assistant secretary. In fact, I have a letter here that you sent regarding a student's complaint where you stated title ix does not mention discrimination on the basis of student sexual orientation.
▶ 0:54:06Sen. Baldwin: Both title vii and title ix prohibit discrimination on the basis of sex, yes?
▶ 0:54:11Ms. Richey: That is correct.
▶ 0:54:19Sen. Baldwin: Do you stand behind the department of education's interpretation of title ix while you were there previously?
▶ 0:54:28Ms. Richey: I need to provide the full answer and scope, it is a little bit more complicated. May I have a moment?
▶ 0:54:38Sen. Baldwin: I think your letter speaks for itself. Title ix does not mention discrimination on the basis of student sexual orientation. This was a complaint filed by a child based on discrimination in school.
▶ 0:54:52Ms. Richey: There are also two letters of complaints that I did open following the opinion in response to complaints that had beeniled alleging sexual orientation and gender identity. We took the analysis. We identified a path forward to ocr cases in certain situations and circumstances.
▶ 0:55:22Ms. Richey: The only area where under the first term we said it did not apply consistent was in regards to athletics, locker rooms, restroom. There was a path forward to apply it in all other cases.
▶ 0:55:38Sen. Baldwin: Is inaccurate to say that you believe that lgbtq students do or do not have protections against discrimination in schools?
▶ 0:55:47Ms. Richey: My position is students who file complaints with ocr alleging discrimination on the basis of sexual orientation, those cases would be investigated by ocr consistent with title ix.
▶ 0:56:08Sen. Baldwin: I want to put for the record especially given your written comments on this earlier that in 2021 the national school of climate service found that 58.9% of lgbtq students experienced discriminatory policies or practices at school and we know lgbtq kids are four times more likely to attempt
▶ 0:56:41Sen. Baldwin: Suicide than their peers. These kids are in dire need of protection against discrimination. I hope you will act in the best interest of all children.
▶ 0:56:53Sen. Tuberville: Thanks for all of you willing to serve. It is a privilege to have you all here. I wonder if people could give the definition of national emergency, that's what we have in our education system. I have been in it 35 years, it is getting worse. We just brushed over the problems. I would hope you would be really involved in this.
▶ 0:57:26Sen. Tuberville: Our kids cannot read and write, the majority of them. It is a shame, it is criminal. Would you please get that out of the classroom because kids cannot learn when they are looking at a text. I'm sick of hearing we need those in a classroom. We have given it to the people that don't want to educate the kids. Thanks for your background in educational agencies.
▶ 0:57:57Sen. Tuberville: If confirmed I hope you would assist secretary mcmahon in executing at the more local level. Could you address that?
▶ 0:58:09Dr. Scwhinn: Absolutely. One of the things we did in tennessee is that locals know what is best for their communities and their students. They could not be more different. My home state of california and my adopted home state of tennessee could not be more different. We need to make sure locals are empowered to make the best decisions for their students.
▶ 0:58:39Dr. Scwhinn: When the decisions are closest to the child, we could best serve the child. I'm aligned with secretary mcmahon to make sure we could help our states and local communities to make the best decisions for their communities. Several out of her bill -- Sen.
▶ 0:58:58Tuberville: A lot of my colleagues do not want to educate. School choice should be mandatory. They cannot read and write. Title ix, protection of women and girls in sports at we have been trying to get past four years. It makes no sense what is going on we cannot define the difference of men playing women's sports.
▶ 0:59:30Tuberville: It is something that we better get straight. Little girls will not get into sports. We have teams of transgender boys that can't figure out they are not supposed to be in that. What are your thoughts?
▶ 0:59:53Ms. Richey: Thank you for the question. I grew up playing basketball, I played into college. I could not have competed against biological men. It was not something I would have been able to do.
▶ 1:00:11Ms. Richey: One of the things I'm proud of is that ocr investigated and took two enforcement one of the very first cases initiated by the federal government that the term and allow students to participate based on sexual orientation actually violated title ix because women and girls had the ability to participate in athletics. I'm very proud of that.
▶ 1:00:37Ms. Richey: I'm proud of the way the secretary and president have prioritize this issue. I'm committed to vigorously enforcing it and continuing to pursue these cases.
▶ 1:00:48Sen. Tuberville: We have the olympics, we will be a joke if we allow that to happen on the world stage. Hopefully we come to our senses and show the little girls that you do have an opportunity. Financial freedom act.
▶ 1:01:15Sen. Tuberville: The biden administration pretty much prohibited being able to put your finances where you wanted. I've been trying to get that passed would you support legislation that would provide americans freedom to invest their own money how they see fit?
▶ 1:01:41Mr. Aronowitz: No one else, fiduciaries know what is best. I am committed to that. >> coach always brings his experience to the playing yield, I appreciate that.
▶ 1:02:04Sen. Murray: For nearly 160 years the federal government has published the education report really critical to help us understand how students and schools are doing. This year for the first time ever the national center for education statistics missed its june 1 deadline to publish the report by law.
▶ 1:02:29Sen. Murray: This happened after the department fired almost all of the national center for education statistics staff needed to complete that work. All we have is a highlighted document with no explanation to congress. That is really unacceptable. Students, families, teachers all deserve to see a full report.
▶ 1:02:55Sen. Murray: This is not just one report, it is also responsible for administering the national assessment of educational process. Also required by law. I have written the secretary on this issue and have not received an adequate response. The department has not yet provided a briefing to me.
▶ 1:03:19Sen. Murray: I wanted to ask you, if you are confirmed will you ensure ncs finally and fully produces a complete condition and has the staff that it needs to carry out all of its statutory required duties?
▶ 1:03:36Dr. Scwhinn: If confirmed, I will absolutely ensure all of the laws are followed that have been passed and certainly not to reinforce our commitment to me.
▶ 1:03:52Sen. Murray: Clearly the decimation of ncs has compromised the ability to provide the data that we rely on. I hope you will work to see that those cuts are reversed. When it comes to knowing how our students, schools are doing. I look forward to working with you on that.
▶ 1:04:19Sen. Murray: The bipartisan every student succeeds at which we wrote on this committee under senator alexander, I helped write that as well. Requiring states to identify and support their most struggling schools. Less than half of the schools identified for additional support have compliant improvement plans.
▶ 1:04:44Sen. Murray: The department has only reviewed three out of the five state total so far this year with no plans for further oversight. It is hard to imagine the rate of review improve. We have seen this across the department. What is your proposal to improve the departments creative review and help our nation struggling schools and students?
▶ 1:05:10Dr. Scwhinn: The most important thing in your question is to say there must be a commitment to showing our most struggling schools improve. If confirmed, one of my top priorities will be looking at any of the departments within the department of education certainly to congress that we have the most efficient practices in place. I look forward to working with you on any of this.
▶ 1:05:36Sen. Murray: Would you commit to publicly monitoring the findings so congress and educators and students and families could see where the struggling schools are?
▶ 1:05:45Dr. Scwhinn: I would want to discuss that with secretary mcmahon but I would want to work with the office on that project.
▶ 1:05:54Sen. Murray: Do you believe the staff protect student civil rights?
▶ 1:06:01Ms. Richey: I do.
▶ 1:06:06Sen. Murray: Earlier this week secretary mcmahon told me the current backlog is 2500 cases. The department later clarified it is actually 25,000. This administration has fired more than half of the staff and president trump is asking to/that by $49 million. Explain to me how that will help reduce that backlog?
▶ 1:06:36Sen. Murray: I want to understand it.
▶ 1:06:38Ms. Richey: Thank you so much for that question and the opportunity to weigh in. As you could imagine, I do not have access to information with regard to the decisions that are being made at the department. I am not in communication with leadership or the secretary.
▶ 1:07:02Ms. Richey: One of the reasons why it is so important to me as I will always advocate to have the resources it needs to do its job. I think what it needs is we will have to be really strategic stepping into this role helping come up with the plan where we could address these challenges.
▶ 1:07:24Sen. Murray: Is pretty clear if you have a 25,000 case backlog and you fired half the staff it will be pretty hard to get these cases.
▶ 1:07:35Sen. Moody: Thank you. I hope you're feeling better.
▶ 1:07:39Chair Cassidy: Thank you.
▶ 1:07:41Sen. Moody: It is hard not only on you to prepare but your families. Thank you for being here and standing strong with U.S. you face some really challenging questions. This is a good testament to how you will perform in your role. Welcome. You were called to lead important offices. It is no surprise you are all all of.
▶ 1:08:11Sen. Moody: I am amazed the talent this administration has attracted. Thank you. To answer the call to public service is not only a sacrifice to you but for those at home when you go home at night. Thank you to your families. I'm excited to see another floridian taking on a leadership role here in D.C. miss richey served in the U.S. department of education and the florida department of education.
▶ 1:08:42Sen. Moody: I think it snowed the third week of january in florida. It is good to see you. Too much sunshine up here, never a bad thing. President trump has come in immediately and is shining a light on anti-semitic chaos and crime.
▶ 1:09:05Sen. Moody: Whether it was by withholding federal funding, the message is clear, that institutions must ensure the safety of student on campus and not allow anti-semitism or violation of civil rights to go unchecked. This is something I think all of us saw in horror as we watched our campuses play out on tv.
▶ 1:09:29Sen. Moody: As we heard the calls for help coming in, certainly in florida we a strong person to make sure our law enforcement understood crimes. We couldn't let those committing crimes right back out and write back on campus. Also a follow-up to make sure that leadership is not continuing to promote or allow for violent. It's probably no surprise I want to talk to you.
▶ 1:10:00Sen. Moody: This morning I filed a bill called the reclaim act. It's a way to get the administration another tool to go after those universities that are allowing the violation of civil rights and taking back taxpayer dollars to make sure americans are not funding institutions that foster anti-semitic crime or behavior. I believe each of you could help play a role in this.
▶ 1:10:30Sen. Moody: I would like to ask you in your capacity as assistant secretary, you will be tasked with continuing to hold those institutions accountable for failures in light of some of these violations of civil rights. I know this is a priority for this administration. Have you contemplated or how do you expect in your official capacity that you will address this?
▶ 1:10:55Ms. Richey: Thank you for the question and your leadership on this issue. I should say first with the recent tragedies we have seen in colorado and the shootings herein D.C., it is emblematic of the horrific acts jewish students are facing across the country. I'm appreciative of the forcefulness the administration is using. It is merited.
▶ 1:11:25Ms. Richey: It is necessary. This will continue. Fighting anti-semitism will continue to be a priority for me. There's a lot of tools. You are already seeing investigations and compliance reviews to target certain schools and universities to put this issue at the forefront. We need to look at issuing guidance.
▶ 1:11:52Ms. Richey: It is very different than what it was five years ago, four years ago, three years ago. The title vi regulations to address anti-semitism. One of the things I feel like is my strength is the ability to partner across department.
▶ 1:12:12Ms. Richey: This is an area where I want to partner with the secondary education office to see what ways we could use ocr's tools to vigorously enforce title vi.
▶ 1:12:29Sen. Murray: I believe that completes my time.
▶ 1:12:35Sen. Rochester: Thank you to all of the nominees and your families. I'd like to follow up on some question from senator baldwin and senator murray. In march of this year, the department of education close seven of its 12 civil rights in oarsman offices including the philadelphia office which serves my state of delaware.
▶ 1:13:05Sen. Rochester: At the time it was reported there were 6500 open cases across this region. 800 11 open cases in the philadelphia office alone. I want to start off by recognizing that if we are closing offices, if we are firing staff and we already knew there was a backlog, first I would love to have a commitment from you that you informed
▶ 1:13:37Sen. Rochester: Congress shortly after you are nominated as well as those impacted individuals and families who are waiting and don't know where their cases are , what offices they are. We would first like a commitment that this will be a priority for you should you be confirmed to make sure you alert us and also those impacted families.
▶ 1:14:01Ms. Richey: Thank you for the question. I will always advocate for those with no resources. What part of the job is to openly and directly communicate with parents and families? I'm certainly committed to transparency and certainly to communicating with parents across the country.
▶ 1:14:28Sen. Rochester: I understand you are not in the position now but I know you are acting in the position. You served as acting secretary. I guess one of the questions I also have is when you were there before, did you have the resources you needed before? Does it make sense now if there was already a backlog to cut people and shutter offices?
▶ 1:15:01Sen. Rochester: Did you have what you needed before?
▶ 1:15:04Ms. Richey: Thank you. I'm very proud of what we were able to accomplish under president trump's first term. Holding penn state accountable for jerry sandusky.
▶ 1:15:20Sen. Rochester: I was just curious about the staffing ratio.
▶ 1:15:24Ms. Richey: Ms. richey: I don't e specific ratio to staff when it comes to do plate -- when it comes to complaints how they were enforced. We effectively enforced civil rights laws.
▶ 1:15:38Sen. Blunt Rochester: To transparency and would love for your work back to any information about caseload ratios of the remaining staff so we can get a better understanding of how things are now compared to how things were before. We all know the world has shifted online. Web accessibility is more important than ever, including for students with disabilities.
▶ 1:16:05Sen. Blunt Rochester: A recent survey found only 10% of college faculty believe their college provides adequate tools to support students with disabilities, including online materials. In 2020 for the department of justice issued new regulations under the ada requiring public schools and universities to make their websites and apps accessible by 2027 and last month this committee even voted unanimously in favor of an amendment I proposed to reaffirm that commitment to web accessibility for all students.
▶ 1:16:38Sen. Blunt Rochester: Yet ocr cut half the staff focused on resolving digital accessibility complaints earlier this year. It is hard for me to think if we did not have the resources before, cutting staff, shuttering offices, doing away with folks who will help provide accessibility will make things better. If you are confirmed, would you commit to having web accessibility be a priority, particular in light of your own personal story you shared?
▶ 1:17:09Sen. Blunt Rochester: Will you devote resources and time to this issue?
▶ 1:17:11Ms. Richey: I am very proud that under the previous administration, dating back to the bush administration we always prioritized web accessibility. We formed a team.
▶ 1:17:24Sen. Blunt Rochester: It does not feel like a priority when we cut the people that make it possible.
▶ 1:17:28Ms. Richey: Even without a specific law addressing web accessibility websites have to be accessible under 504. I'm always going to enforce this.
▶ 1:17:39Sen. Blunt Rochester: So the answer is yes.
▶ 1:17:41Ms. Richey: Yes.
▶ 1:17:43Sen. Blunt Rochester: I want to make sure, Mr. keeling, do you commit to supporting osha's protection of whistleblowers, particular from retaliation.
▶ 1:17:54Mr. Keeling: Absolutely.
▶ 1:17:58Chair Cassidy: Good job sneaking a question in. I was asleep at the wheel. >> Mr. aro it's -- Mr. aronowitz I know you are from a working-class part of ohio. You mentioned something in your testimony about a great way to help businesses involve their employees and keep the legacy of those businesses and employees so I encourage you to help support those in your role.
▶ 1:18:30Chair Cassidy: I do not need you to answer anything. Dr. schwinn, you will get the rest of my time. Everybody in education has a tough job because we love our kids than we want the best for our children. I have been astonished over my time working on education my whole life help policymakers want to stand in the way of the judgment of parents over what the best path is for their children. All children learn differently and all children have different interests.
▶ 1:19:01Chair Cassidy: I have visited hundreds and hundreds of schools over my time. They are stem schools, art schools, charter schools, religious schools. All of these things that help prepare children for different pathways. I want to talk with you about the idea of freedom. We say we love freedom. Educational freedom should be one we embrace wholeheartedly.
▶ 1:19:27Chair Cassidy: When I was speaker in ohio I created a program that now has over 160,000 children enrolled at some level. The urban institute recently conducted a study that showed children who have a voucher in the scholarship are 32% more likely to enroll in college than those remain in the same public schools. It works. It does not mean enrolling in college is the most important measure.
▶ 1:19:55Chair Cassidy: The most important measure is getting a child prepared to do whatever they want to do but it is a valuable measure and shows that male students, black students, below median test scores students benefit the most from those opportunities. I want to ask you what you believe you can do? Do you believe in the philosophy I just articulated and how can you help advance that if you do indeed agree with it?
▶ 1:20:19Dr. Schwinn: Thank you for that question. As a parent and educator thank you for your work and be -- and advocate on behalf of students and families. As the parent of three very different children, every child needs something different and I believe school choice is a way to do that. There are a lot of school models. There are traditional public schools, magnet schools, private schools.
▶ 1:20:47Dr. Schwinn: It is up to local communities and states to figure out the policies that can be put into place to get parents as many options as possible so they can choose the best fit for their child. That is incredibly important. Affirmed as deputy commissioner there or two or three things I can do specifically to make that outcome more real for more families. Number one is states need to have a better guidance of what is possible.
▶ 1:21:25Dr. Schwinn: There are states doing work for miami-dade florida who is building a traditional model to the state of arkansas who is done a universal school choice voucher program. We can provide different states with models that fit their local communities. One of the best things we can do is provide more information transparent the an action oriented information for families. Families need to make those decisions, not policymakers. The government is not the parent and we need to empower parents to make those decisions.
▶ 1:21:55Sen. Husted: I love that you have the department of labor and the department of education here because they need to be connected. We set a record for the number of children enrolled in career tech. Every job will require some type of technical training. It does not mean you have to go to college. I encourage you to lean in on career tech. Two final points on things I have noticed. One of the things we have been doing in ohio and I know other states are doing as well. Get the smartphones out of the schools.
▶ 1:22:26Sen. Husted: We don't want to tell people how we do these things, their policies to do it, but when you talk to principles that say as soon as I got the smartphone out the lunch room got noisy because children were actually talking to one another. Discipline problems are down. All of the things have dramatically improved. You mentioned the science of reading. The facts are clear it is the way to teach reading.
▶ 1:22:55Sen. Husted: What thoughts do you have on those topics?
▶ 1:22:57Dr. Schwinn: I would love to see cell phones more restricted in schools and I would love to see those companies provide pockets for students to store them in. I believe the science of reading should be in every state and more portly we should be focused on in fermentation. Your state has done an incredible job on that and we need to go further and faster and push harder on quality implementation and return on investment.
▶ 1:23:23Sen. Husted: Thank you very much.
▶ 1:23:25Chair Cassidy: Senator alsobrooks?
▶ 1:23:29Sen. Alsobrooks: I have two questions. To all of our nominees, congratulations. I have questions for two of our witnesses. Mr. keeling, I want to talk you about the emergency response standard. Baltimore city department of fire department was left recently in morning following the deaths of two avenue our -- of two of our city's bravest.
▶ 1:24:02Sen. Alsobrooks: I know you pushed back against the immediate need for an updated emergency response standard. The proposed rule from osha update what is a 50-year-old fire per gate standard and improve safety and health protections for emergency responders. We know the rule would require access to behavioral health resource and improve minimum standards for staffing, apparatus, and protective clothing. I wonder if you believe there is a need to increase workplace protections for firefighters?
▶ 1:24:34Mr. Keeling: All workers, including our emergency response service members need to be able to return home healthy at the end of the day. There is no disagreement at all there. When you look at the standard itself, there is a path through. If I came across as pushing back, that was not my intention.
▶ 1:24:56Mr. Keeling: I think there is a path through on that issue but there are some concerns from volunteer fire departments and others about how they make that work from eight volunteer firefighter and a limited budget perspective. I think there is a path through. I have not been in contact with the career folks at osha yet. I think there is a path forward.
▶ 1:25:26Sen. Husted: -- Sen. alsobrooks: would you commit to working on a slightly revised standards that minimizes detrimental effects for volunteer fire departments.
▶ 1:25:42Mr. Keeling: I will commit that is one of the first conversations I have it confirmed.
▶ 1:25:46Sen. Alsobrooks: We have 350,000 members of the international association of firefighters who endorsed secretary shop as. We are concerned about mental health for our firefighters and I wonder whether you believe mental health issues are an occupational hazard for certain professions.
▶ 1:26:07Sen. Alsobrooks: We know our fire department had to take matters into its own hands, start its own center, the natural -- the national center of excellence treatments for ptsd and I wonder if you think this is an operational hazard?
▶ 1:26:23Mr. Keeling: Absolutely I do. The potential trauma that workers are put in, firemen or policemen, health-care workers. There are number of workplaces where the stress needs to be considered.
▶ 1:26:38Sen. Alsobrooks: I know you are not a part of this decision. This administration paused the firefighter cancer registry at the national institute for occupational safety and health and we know 70% of our line of duty deaths are due to occupational cancer. I am concerned about that and wanted to put that on your radar as well. I think it was the wrong decision. Ms.
▶ 1:27:02Sen. Alsobrooks: Richey, the administration has/the office -- has slashed the office of civil rights staff but it has also said there will be adjudication placing some forms of discrimination over others. You think it is important to treat all forms of discrimination eat late to make sure we are sending the message that all forms of discrimination and all violations of the sill rights after unacceptable?
▶ 1:27:31Ms. Richey: Thank you for the question. I do believe that all forms of discrimination, all complaints filed with ocr, that it is important to vigorously enforce all of the federal laws ocr is responsible for enforcing.
▶ 1:27:51Sen. Alsobrooks: It just -- is discrimination based on religion any worse than discrimination based on race?
▶ 1:27:57Ms. Richey: It is a difficult question to answer since the office for civil rights does not have specific jurisdiction over religion. For the purpose of this office it is like comparing apples and oranges. I would have to go back to my original statement which is that any claim of discrimination is wrong. One student that is harmed for being discriminated against is enough. It is all wrong. It should all be addressed.
▶ 1:28:23Sen. Alsobrooks: Exactly. You would agree that discrimination based on race, religion, disability, ancestry, they are all equally important. There is no distinction in terms of their importance. All forms of dissemination are wrong.
▶ 1:28:39Ms. Richey: I don't disagree with that. I think the office for civil rights is focusing on all complaints.
▶ 1:28:46Sen. Alsobrooks: Thank you.
▶ 1:28:48Chair Cassidy: Senator murkowski?
▶ 1:28:52Sen. Murkowski: Welcome and thank you for your willingness to serve. I want to start with you, Dr. schwinn. As you know alaska has the greatest number of indian tribes in any state. A lot of focus now on what more we can be doing on the education front. Alaska native leaders and parents are interested in doing more when it comes to self-determination over their children's education.
▶ 1:29:23Sen. Murkowski: In the last reauthorization I included language to require states and school districts to engage in meaningful consultation with tribal representatives. Unfortunately we have not seen a lot of engagement as we had hoped since 2017. It has been across multiple administrations.
▶ 1:29:47Sen. Murkowski: I would like to put this to your attention, recognizing that it is important to meet the requirements of meaningful consultation, whether in the department of education or in interior. It is across our government. I put that in front of you today.
▶ 1:30:11Sen. Murkowski: Another issue I would like to bring to your attention, the state of alaska is moving forward with the pilot program to create state tribal education will compact schools. Secretary mcmahon has met with some of the steck school representatives.
▶ 1:30:34Sen. Murkowski: This education compact with the tribes would be public schools open to all students to offer culturally relevant educational models. I don't know if you have been brought up to speed or have had any conversations but we are hoping you would be able to effectively advocate for additional support as we move forward with these initiatives in alaska.
▶ 1:30:58Dr. Schwinn: Thank you. I will go ahead and say your staff gave me a little bit of information and gave me information to follow up on if I am so confirmed but I look forward to working with your office on that and record -- and want to congratulate you on what I think is really innovative program and look forward to seeing more about it.
▶ 1:31:19Sen. Murkowski: We feel like we need to be innovative because the status quo has not helped our native students come and when the native students do not do well alaskan students writ large do not do well. We want to be doing mo in this area. Let me turn to you, Mr. aronowitz. You are probably very familiar with the angst that has been expressed by some about the need for a single clear regulatory definition of good faith effort for valuing stock.
▶ 1:31:52Sen. Murkowski: The concern is instead of having a clear definition that is spelled out in regulation, they have been operating under a patchwork of litigation and investigation. There is also some concern the department has taken excessive enforcement actions. Can you speak briefly to your views on these?
▶ 1:32:10Mr. Aronowitz: I believe congress wants esops and everyone is for them except the department of labor the last four years. I will end the war on esops. It is the best way for employees to get additional benefits. The valuation companies have been sued by the department of labor. It cannot be right every single one of them is doing wrong.
▶ 1:32:39Mr. Aronowitz: What the department is doing is nitpicking the professional judgment of the valuation professionals. I will put an end to that because unless there is a clear conflict of interest than the valuation is appropriate when done by an independent valuation.
▶ 1:32:53Sen. Murkowski: There are so many in my state where the esop is looked at and valued as that commitment to not only that business but employer security as well. Employee security as well. Mr. keeling, osha has traditionally relied on niosh data and recommendations for workplace and safety standards.
▶ 1:33:24Sen. Murkowski: I come from a state where we have a high incidence of accidents on the workforce. The commercial fishing industry has been tagged as one of the most dangerous occupations in the country. We have significant and severe wildfires every year so we worry about health and safety risks to our firefighters.
▶ 1:33:48Sen. Murkowski: We have seen the administration moving forward with pretty significant cuts to niosh, and I am concerned this will hamper vital research. I don't know if you can speak to whether we have a plan on how we feel the data and information gap if niosh is unable to produce what we need in terms of timely data and recommendations as you work to inform rulemaking.
▶ 1:34:16Mr. Keeling: Thank you for the question. There is a -- there are ways through that. The use of private entities to fill some of those gaps. I have not spoken to anyone in the career side from osha on that point. Niosh does not directly report to the department of labor so there is a separation there as well.
▶ 1:34:50Mr. Keeling: I will have questions if I'm am lucky enough to be confirmed about how we do that and I think there are paths through. Through using the professional groups that are out there and by using some private resources there are ways to fill the gap. Not necessarily easily, but there are ways.
▶ 1:35:10Sen. Murkowski: We don't want to see those gaps. Thank you, Mr. chairman. Senator kim?
▶ 1:35:25Sen. Kim: There are a lot of questions about the scourge of anti-semitism. I want to ask you of anti-semitism is getting better or worse?
▶ 1:35:33Ms. Richey: Thank you for the question. One of the benefits of sitting in the various roles in which I have served as I started working on these issues in 2004 so I have the full scope of seeing the picture.
▶ 1:35:48Sen. Kim: What does it look like to you?
▶ 1:35:51Ms. Richey: I do think it is getting worse. When we were dealing with these issues 20 years ago we were looking at classic harassment, classic intimidation. What it has evolved into is threats, violence, exclusion. A much more severe and more persistent.
▶ 1:36:10Sen. Kim: If it is getting worse doesn't it make sense we would invest more in countering anti-semitism and invest more in the office of civil rights?
▶ 1:36:20Ms. Richey: I certainly think the administration is prioritizing investigations involving anti-semitism. I think they are aggressively and forcefully identifying.
▶ 1:36:30Sen. Kim: How does that mesh with the facts we are seeing reductions in the staff at the office of civil rights?
▶ 1:36:37Ms. Richey: I appreciate the question. As I mentioned before, I cannot explain or provide information on decisions that I was not involved in were decisions that I did not make. I'm not in a position to be in communication with the department leadership.
▶ 1:36:55Sen. Kim: To get a sense of your thinking, I have called for a doubling of the office of civil rights budget. Is that something you would be open to?
▶ 1:37:05Ms. Richey: This body will determine, in coordination with the president and secretary what an appropriate budget is. My job is to focus on the needs of ocr. How to take its resources, its staff.
▶ 1:37:25Sen. Kim: I would ask you will you commit to this committee that if you get confirmed and you see resources and it means you will come back to us and have an honest conversation about those needs?
▶ 1:37:37Ms. Richey: I am always going to advocate that ocr have the staff and resources it needs to do its job.
▶ 1:37:44Sen. Kim: I had a conversation with members of the disability community, disability advocates. I appreciate what you said. They are concerned about some of the discussion about moving the ocr to the department of justice. They're worried about the fact that health and human services secretary told me she thinks ide a could be at hss. You support keeping ocr at the department of education?
▶ 1:38:14Ms. Richey: One of the things I appreciate the most about the presidents directive to the secretary about examining where education lies in the federal role in education is he is the first president to turn the focus on students. To stop and say what is best for students, what is best for families.
▶ 1:38:32Sen. Kim: Why is moving that out of the department of ed an idea to be considered?
▶ 1:38:38Ms. Richey: The current structure is not meeting the needs of students. We would see better outcomes if what we were doing right now is working. What a appreciate and agree with is the conversation, for us to stop and look at how we can better need the needs of students and serve the needs of families.
▶ 1:38:56Sen. Kim: I don't disagree there are things we can improve when it comes to education, but will what we have seen is a dramatic increase in support to students with disabilities. We are not perfect on that. I think there is a lot of concern the rug will be pulled out from under them and a system they have been working to improve and we should be investing more in.
▶ 1:39:20Sen. Kim: I want to raise that with you because I know you raise this as important for you it is something we owe the disability community, it is something we students with disabilities and their families a clear answer. This schwinn -- Ms. nguyen, qc value -- Ms. schwinn, you see value in foreign students studying at colleges and universities.
▶ 1:39:48Dr. Schwinn: I think there is value in students receiving a higher education.
▶ 1:39:52Sen. Kim: I read a very interesting op-ed from you where you talk about the importance of r&d. You talked about mrna and ai. Those are advancements immigrants and foreign students up our country push forward. It is not just a benefit to foreign students come is a benefit to the united states. Is that something you would agree to question mark Dr.
▶ 1:40:12Schwinn: Yes.
▶ 1:40:14Sen. Kim: Thank you and with that I yield back.
▶ 1:40:18Sen. Hawley: Thank you to the nominees, thank you for being here. I want to clarify something you said to senator baldwin. She asked you about ocr investigations into alleged cases of discrimination on the basis of gender identity under title ix. You said -- I am looking at a transcript of my remarks, I want to make sure I heard it correctly.
▶ 1:40:46Sen. Hawley: You said the department of ocr would investigate alleged cases of gender identity discrimination? Why is that?
▶ 1:40:55Ms. Richey: Thank you for the question and for the opportunity to have a detailed discussion about that. In 2017 ocr clarified that transgender students, students who bring allegations forward based on sexual orientation and gender identity were protected from harassment under title ix. Sex stereotyping, a narrow set of cases applied to protect students on the basis of sexual orientation and gender identity.
▶ 1:41:25Ms. Richey: That was in 2017. Following the boss got case ocr had to determine how bostock applied to title ix cases. There are reasons it did not apply.
▶ 1:41:40Ms. Richey: What ocr finally determined is that because of the holding that bostock but informed ocr's evaluation of complaints that alleged discrimination on the basis of sexual orientation and identity to determine if they involve biological sex, which is consistent with the opinion.
▶ 1:42:01Ms. Richey: What we held is that bostock but inform a limited set of ocr cases pertaining to different treatment, pertaining to harassment, pertaining to bullying, but we drew a hard line at universally accepting bostock applied to all title ix cases.
▶ 1:42:21Ms. Richey: We said the supreme court -- because the supreme court said biological sex was not relevant in the determination of those employees that we would look at the relevant of sex in our cases and what we determined sex is relevant with regard to restrooms, sex is relevant with regards to locker rooms and sex is relevant with regard to athletic teams.
▶ 1:42:45Sen. Hawley: Sex is not gender identity at the boss stock decision is title vii. The supremes court reserved the question of whether it applied to title ix. The biden administration did not heed that warning and issued guidance that attempted to rewrite title ix completely. That guidance has been in joint nationally by courts because it is utterly inconsistent with the text of title ix. It completely upends it.
▶ 1:43:15Sen. Hawley: It reads title ix to say that women's sports ceased to exist. The biological man can say go for it. It is so outrageous that almost every court that has considered it has enjoined it. I want to be sure you will not follow the bidens interpretation of title ix.
▶ 1:43:33Ms. Richey: The biden administration universally accepted bostock and arguably exceeded the bostock opinion. That is not what we did under president trump's first term and that is not what we will do under president trump's second term.
▶ 1:43:50Sen. Hawley: I want to be clear. It is a very dangerous thing to start allowing this into title ix, which as you know is a landmark statute. It is vitally important and it has been under attack for four long years where we have seen women's sports, women's leadership opportunities, women's safety eliminated many cases.
▶ 1:44:15Sen. Hawley: Known of the challenges you will face of a host of colleges and universities are openly defying dodges the administration, they are defined court orders. I see a lot of talk about the need to follow court orders. We have colleges that are defined court orders and saying we don't care, we will have biological men in women sports to matter what. We will have biological men and women's locker rooms no matter what. Shirley will go after that and protect women on campus?
▶ 1:44:40Ms. Richey: The print leadership and secretary mcmahon is prioritizing these cases and that will not stop under my leadership if I'm fortunate enough to assume this role.
▶ 1:44:51Sen. Hawley: I want to be on the record, back to regulations in 2017 and 2020, I think you might want to rethink those in light of jurisprudence and in light of subsequent experience I think you want to take a hard look at how you are interpreting gender identity. There is some water under the bridge and the interface with biological sex and how that is being used to undermine the rights -- it is never the rights of man. It is always the rights of women 100% of the time and I thickly have to be careful.
▶ 1:45:20Sen. Hawley: My time is expired and I am such a good -- and I think we have to be careful. My time has expired and I'm such a good citizen I will never go over.
▶ 1:45:34Sen. Kaine: I think I will focus questions to Dr. schwinn and Ms. richey about higher education. My staff hates it when they give me questions and I end up going in a different direction but you had a wonderful statement in your prepared testimony that I read. "students cannot gain the knowledge or skills they need to be successful in life if they are unable to access educational programs and activities." I completely agree with that.
▶ 1:46:05Sen. Kaine: I would ask each of you on that point, helping students gain access to education and educational activities, do you agree that the pell grant program has been an important program?
▶ 1:46:17Ms. Richey: I will start. In my current capacity at the florida department of education I certainly see the benefits. Ocr's involvement in his programs is fairly limited. I am committed to working with the secretary.
▶ 1:46:38Sen. Kaine: Dr. schwinn, is the pell grant important?
▶ 1:46:42Dr. Schwinn: As a former high school teacher, I think it is important that students have access to educational opportunities. At the same time it is also important we start to put restrictions on the skyrocketing cost of higher education.
▶ 1:46:56Sen. Kaine: How about federal work study? That is way low income kids can afford colleges. Federal work study's long-standing program, is that a good thing?
▶ 1:47:08Dr. Schwinn: I will go first on this one. I believe it is important students have opportunities to earn money as they are enrolled in universities, colleges, trade schools up schools . It is important for universities and educational institutions to have a piece of the pie and a strong stake in that. I think the most important thing is students have access to resources.
▶ 1:47:37Sen. Kaine: Including federal work study. They can work on campus and make money.
▶ 1:47:43Dr. Schwinn: I think it is a great model for students be able to work on campus.
▶ 1:47:48Sen. Kaine: 's federal work study could would help students gain access to higher ed?
▶ 1:47:52Ms. Richey: In my current role I have certainly seen it be a value add. I'm not sure it directly relates to my role.
▶ 1:48:02Sen. Kaine: How about student loan programs like the undergrad plus or the subsidized undergrad and grad plus loans. Are those one way we can help students gain access to education programs?
▶ 1:48:21Ms. Richey: My answer is the same on this. I will pass it to Dr. schwinn.
▶ 1:48:26Dr. Schwinn: I will have to say the same thing. I look to the undersecretary for advice on that.
▶ 1:48:32Sen. Kaine: How about public service loan forgiveness? People who have loans, if they have the ability to have loans forgiven for public service pursuant to congressional laws, is that generally a good thing in terms of helping people have access?
▶ 1:48:51Ms. Richey: It falls outside of my scope within ocr.
▶ 1:48:55Sen. Kaine: Are you aware of public service loan forgiveness is a concept? And not opposed to it?
▶ 1:49:02Ms. Richey: It falls outside of my scope.
▶ 1:49:05Sen. Kaine: Dr. schwinn?
▶ 1:49:07Dr. Schwinn: Thank you for the question. I am aware of the programs. I appreciate the intent around those going into public service. I would also want to review each and everyone individually.
▶ 1:49:20Sen. Kaine: If the audience will indulge me on this. If you were members of your family have been benefited by pell grant's, work-study, student loan programs, or public service loan forgiveness, just raise your hand if you've been benefited. Got a good number of hands raised in the audience.
▶ 1:49:45Sen. Kaine: President trump's latest budget slashes the pell grant award by $1685. It also says you did not get the full-time pell grant award if you are 12 hours. It impacts a whole lot of people who work and go to school.
▶ 1:50:06Sen. Kaine: The house republican proposal that is in front of us eliminates pell grant eligibility for students less than half-time impacting working people. Work-study is $1.2 billion. President trump has almost zeroed it out. He has eliminated $990 million. That is getting federal work-study programs.
▶ 1:50:32Sen. Kaine: President trump's budget is eliminating grad plus and subsidized student loan programs and in the first trump administration there was an essential gutting of public service loan forgiveness, not by changing the statute but by refusing to grant public service loan forgiveness. Ms. richey, you testified this administration is the first to focus on the needs of the students. I think that is a hubristic statement.
▶ 1:51:01Sen. Kaine: Other administrations have focused on the needs of the student. I hardly see how slashing pell grant, federal work-study, loan programs, and public service loan forgiveness is focusing on the needs of students and giving them the access to educational programs I think we all want to achieve. I yelled back. >> senator hassan?
▶ 1:51:25Sen. Hassan: Welcome to the nominees and congratulations on your nominations and congratulations to your families because I know this is a team effort. To all of you, before turning to education issues, I want to ask you a simple question related to recent events and we will go down the line. If directed by the president to take an action that would break the law would you follow the law or follow the president's directive?
▶ 1:51:50Dr. Schwinn: The president when asked me to do that and I will always follow the law.
▶ 1:51:54Ms. Richey: The same. The president would not asked me to do that but I will follow the law.
▶ 1:51:59Mr. Aronowitz: The president would not asked me to do anything illegal and I would always follow the law.
▶ 1:52:04Mr. Keeling: The same.
▶ 1:52:06Sen. Hassan: I thank you for your commitment to follow the law. I am disappointed -- it seems you're pretty out of touch about the presidents behavior. After schwinn, you are nominated to be the second in charge at the department of veteran nation. Unfortunately the administration -- the department of education. The administrative agent is advocating its responsibility to see that each citizen to receive a high-quality education.
▶ 1:52:38Sen. Hassan: We should be focused on how to improve public education, how to build a system that is the envy of the world and instead the president has moved to close the department of education. You support the president's goal of shuttering that apartment of education?
▶ 1:52:50Dr. Schwinn: I support the shared goal we all have to the first part of your question that we want an education system that is the envy of the world. 90% of our students attend public schools. We need to make decisions in the ben stint of them. -- in the best interests of them.
▶ 1:53:07Sen. Hassan: Do you support shuttering that apartment of education?
▶ 1:53:11Dr. Schwinn: I support the president's executive order which is to explore all options including shuttering that apartment of education.
▶ 1:53:18Sen. Hassan: I will remind you all that the reason the department of education was established was because the needs of students were not being met through the department of health, education, and welfare, particularly the need to make sure we were focusing on all students in the wake of the passage of idea. Went today department that prioritized kids.
▶ 1:53:41Sen. Hassan: When adults stop being pushed to prioritize children and students, they generally lose because other agencies will put adult needs first. I have real concerns about this. I will also note that the department of education does not make decisions about teacher recruitment, teacher pay, class-size, curriculum. Those are all state and local decisions.
▶ 1:54:07Sen. Hassan: The department is there to provide technical assistance and support which it does and it has very effectively done so in new hampshire where some of our public schools are doing remarkable and good work. I am particular concern this administration abruptly and irresponsibly cut off critical funding for school districts and states that congress directed through the bipartisan saver communities act to train and place a mental health professional in schools. As someone who has worked at the state and district levels, Dr.
▶ 1:54:39Sen. Hassan: Schwinn, you think what the department did helps were hurts the communities that are counting on the funding they were promised? If confirmed deep commit to reining in the chaos and operational failures we are seeing at the department?
▶ 1:54:51Dr. Schwinn: I believe mental health is in doubly important for students in this country. The grants were discontinued and will be rebid. If I am confirmed as deputy commissioner I will ensure I am working to have an efficient, effective, and outcome oriented department. Number three I commit to working closely with the secretary and congress to ensure that what you have passed is what is what you wanted.
▶ 1:55:16Sen. Hassan: In new hampshire we had a five-year program through grams that has been trending up mental health workers for schools in concert with university of new hampshire so we are training specifically. That just got pulled. After two years of investment in this program students at our manchester public schools do really important work for our kids, helping them get to a place they can begin to improve their achievement.
▶ 1:55:42Sen. Hassan: This administration is just -- has just recklessly pulled the rug out from under without any indication there is any difficulty with the actual operation of this program. It has disrupted schools, it is disruptive critical services that support mental health and our biggest school district and it is really unfortunate.
▶ 1:56:08Sen. Hassan: Like a good carpenter who measures twice before cutting -- unlike a good carpenter who measures twice before cutting, this administration is just cutting and it is doing harm. I will finish a question that follows up on senator murray about assessment and accountability. I will note that since this administration took office the department no longer posts the backlog of cases in the office of civil rights. New hampshire has a backlog of about 51 cases.
▶ 1:56:39Sen. Hassan: That was as of january 14. This administration has gone dark. We do not know how many there are. Most of those cases are cases of discrimination against students with disabilities or legend cases and I hope we can get back to posting information and adequately staffing ocr. Thank you.
▶ 1:56:58Chair Cassidy: I thought I saw senator banks come in but I do not see them. You want to ask? Senator banks?
▶ 1:57:12Sen. Banks: Thank you, Mr. chairman. Dr. schwinn, you've been nominated to help eliminate the very department you're going to work for, or at least help dismantle a huge bureaucracy. Technically, how do we do it, how do we dismantle a huge bureaucracy and sent important decisions about education back to the states.
▶ 1:57:38Sen. Banks: You have expertise or background on the role of the states versus the onerous bureaucratic role of the federal government. Give us a technical take on how we get there?
▶ 1:57:49Dr. Schwinn: I appreciate that and I appreciate the work indiana has done in this phase. I think it is important and I would work if confirmed with the secretary and with congress on any actions related to the role of the department. Number one, we have to start with students and not focus on systems. When you read the laws and policies it is all about systems.
▶ 1:58:14Dr. Schwinn: When we think about what is best for the student in every state we need to build a plan around that first. Number two is we have 54 states and territories that are doing really good work for their students. Being able to create an infrastructure that determines where that should be housed within the federal government, knowing that the department is a building with people in it. What people care about is the laws you passed and the funding you appropriate.
▶ 1:58:41Dr. Schwinn: We need to make sure those two things are rocksolid, that are states understand how much money they are getting, and what the laws say the responsibilities are and then allow states to figure out the best ways to implement that to achieve outcomes for their kids.
▶ 1:58:54Sen. Banks: Do you agree the states can do this a lot better than the federal government? Students first and the states -- all 50 states can accomplish this better than the federal government?
▶ 1:59:06Dr. Schwinn: The best outcomes we got in tennessee were with dollars that were flexible and allowed us to make the best decisions for our students without categorical restrictions because we can figure out what our students need and make decisions aligned to those needs.
▶ 1:59:20Sen. Banks: The statistics all point the decades of having a federal department of education as a total failure. It has failed at its objective, which is to educate our kids and support our kids and teachers and schools and administrators and families. There is no doubt about it that the state of indiana can run these programs better than the federal government.
▶ 1:59:48Dr. Schwinn: As a personal privilege I will also say you have a pretty exceptional commissioner in indiana. I would say most importantly that a department or agency in the federal government is not going to change the outcomes of students. The teacher in the classroom is going to teach the standards that are approved by that state. The parent is the parent of that child. We need to ensure we have crated a system that will drive outcomes.
▶ 2:00:16Dr. Schwinn: That will not have been from the federal government, whether there is a department of education or not. Need to build structures and systems for students that support local communities to do just that. Where the federal role of that is housed is a much broader question but missing the point we are not doing what is necessary for students in the education of students happens at the local level. We need to do a much better job of implement and the laws and spending dollars you appropriate to us.
▶ 2:00:41Sen. Banks: It makes me sick when I see that the average -- on average a bureaucrat at the federal department of education makes twice as much money that a teacher in indiana on average. Who does the department of education work for? The employees where the students and teachers of schools back in the states? What can we do to unwind that?
▶ 2:01:07Dr. Schwinn: I appreciate that. I cannot comment on the federal salary schedule. As the daughter of a single mom who was a teacher and starting my role as a commissioner in tennessee where the starting teacher salary was $37,000 per year and that was in 2019, teachers are not compensated at a competitive level for what we are expecting of them and the outcomes we want for our students.
▶ 2:01:32Dr. Schwinn: I do believe when we look at compensation at the federal level there are some opportunity costs. We spent a lot of money and we have to figure out how to use those resources. If we just look at every $10 million we spend on compensation operations. What that translates to in tennessee is $5 million in ap access for all. That is 14 ap classes.
▶ 2:01:59Dr. Schwinn: The other $5 million is 20% of our third-graders get high dosage tutoring. It is a trade-off. For every $10 million we spend on wasted bureaucracy that is what my kids could get.
▶ 2:02:11Sen. Banks: Teachers should be paid a lot more, bureaucrats in washington should be paid a lot less. Senator rounds from south dakota has a bill returning education to our states act. If you're not familiar with it I hope you will be before you head over to the department so we can work together to pass it. I yelled back.
▶ 2:02:30Chair Cassidy: Senator markey?
▶ 2:02:33Sen. Markey: Thank you, Mr. chairman. Mr. keeling, I am working with senator padilla to protect workers from excessive heat. I hope you will commit to working with us to ensure that osha issues a final workplace heat stress prevention rule that includes the well researched, effective requirements of the proposed heat rule.
▶ 2:03:02Sen. Markey: I hope you will work with us to make sure that gets done for the workers of our country. Ms. richey, last night president trump issued a proclamation barring harvard international students from entering the united states. The proclamation -- not even an executive order -- is toothless.
▶ 2:03:28Sen. Markey: Any attempt to implement it would be illegal and unconstitutional. This is yet another page from trump's authoritarian playbook. Over the last five months trump has demanded harvard to bowel to ideological demands and retaliated when harvard refused to comply. The administration has terminated over $3.7 billion in grants and contracts to harvard and its research partners.
▶ 2:04:00Sen. Markey: The administration disqualified harvard from future federal grants, threatening the schools tax exempt status and revoked its ability to issue student visas. The civil rights act requires a clear process before ripping funding away from students, faculty, and staff.
▶ 2:04:23Sen. Markey: The office you have been nominated to lead, the department of education office of civil rights actually has a 32 page manual detailing the process that must be exhausted before any actions are taken.
▶ 2:04:45Sen. Markey: This process is meant to protect people and institutions from abuses of power by the federal government. It is meant to protect people from losing the education they have dreamed of just because they are an international student.
▶ 2:05:08Sen. Markey: From having funding for their life's work ripped from them because of a president's vendetta against an individual school. Ms.
▶ 2:05:20Sen. Markey: Richey, if confirmed, do you commit to reversing any funding cuts or other sanctions imposed upon universities that were not afforded due process that they are entitled to under the constitution and under title vi of the civil rights act?
▶ 2:05:42Ms. Richey: Thank you for the question. As I have mentioned previously in this hearing, I cannot speak to current actions that have been taken by the department, specifically by ocr leadership. In my role as a nominee I do not have information to the basis for the decisions or the reasoning behind the decisions, the case files, the investigatory record. I do not have access to information.
▶ 2:06:11Sen. Markey: I am asking you the logic question. Will you object to anything that does not afford to process under the constitution of title vi of the civil rights act?
▶ 2:06:23Ms. Richey: I reference that to say I do not have enough information to commit to that.
▶ 2:06:27Sen. Markey: I am looking for your broader commitment to upholding the constitution of the united states. That answer should be a clear and unequivocal yes that you will uphold the constitution, that you will uphold title vi of the civil rights act. That is all we want to hear from you.
▶ 2:06:44Ms. Richey: What I can commit to is compliance with the case processing manual which I've written several times. In compliance with ocr's regulations.
▶ 2:06:55Sen. Markey: Do you endorse ripping funding from researchers and students? Stealing educational opportunity from international students? Of ducting students from campus for asserting their part -- of ducting students from campus for asserting their first amendment rights and threatening colleges and universities that refused to comply with lawless demands?
▶ 2:07:16Ms. Richey: I will commit to following ocr's regulations and ocr's case processing manual.
▶ 2:07:21Sen. Markey: I'm not getting the answer I want because this it ministration treating american freedom and dissent as the enemy and students and faculty and staff are collateral damage to the unwilling and unwilling to stand against this means you are silent in the face of authoritarianism and it makes you unqualified for this position of high responsibility. Thank you Mr. chairman.
▶ 2:07:49Chair Cassidy: Separate -- senator hickenlooper.
▶ 2:07:54Sen. Hickenlooper: I know we will miss our vote.
▶ 2:07:57Chair Cassidy: We will not miss our vote.
▶ 2:08:01Sen. Hickenlooper: On sunday 12 coloradans were badly injured after a suspect through a molotov cocktail into a crowd in a targeted anti-semitic attack. It was not random. It was a deliberate hate crime. Attacks like this are unacceptable anywhere but there in boulder or outside a jewish museum.
▶ 2:08:26Sen. Hickenlooper: The department of education's office for civil rights is tasked with investigating civil rights complaints like those of some jewish students across the country are experiencing despite the intense surgeon anti-semitic attacks. The administration has terminated nearly half of the staff in this office. Ms. richey, you said you are committed to thoroughly reviewing all complaints submitted to ocr in a timely manner.
▶ 2:08:54Sen. Hickenlooper: With this great rise in cases, how on earth you plan to achieve this?
▶ 2:08:57Ms. Richey: Thank you for the question. What it will require for me if I am fortunate enough to serve in this role is to be very strategic when I enter ocr, evaluate the current caseload, evaluate where we are in the life of the complaints, look at the staff distribution and the organizational structure and help the secretary come up with a plan for how ocr is able to meet its mission and statutory purpose to prioritize all complaints.
▶ 2:09:27Sen. Hickenlooper: I spent a lot of time in the private sector with an entrepreneur and businessman. Usually when you lay out a plan and you have half the resources you used to have it is not good. Let me go to retirement savings for americans act. Mr. aronowitz.
▶ 2:09:49Sen. Hickenlooper: More than 50 million workers including gig economy small business workers do not have access to employer-sponsored retirement plans. I think no worker should be left behind in this. That is why we have introduced a bipartisan retirement savings for americans act with senator thom tillis to allow all workers to contribute savings to a retirement account. It also allows the federal government to make matching contributions for low income workers.
▶ 2:10:19Sen. Hickenlooper: Mr. aronowitz, if confirmed would you commit to working with us to pass the retirement savings for americans act.
▶ 2:10:25Mr. Aronowitz: I commit.
▶ 2:10:27Sen. Hickenlooper: I love that. If confirmed, how do you plan to use your time to help retirement become more accessible for more workers? For all workers?
▶ 2:10:39Mr. Aronowitz: I want to unlock the potential of the employee benefits system, including innovative plans like association health plans and pull employer plans. I want to work with congress on anything that will allow independent contractors to have the dignity of retirement savings and health security.
▶ 2:10:59Sen. Hickenlooper: I appreciate that. I will not ask this question but chairman cassidy and I -- I am dyslexic. He knows more about it than I do. I think early literacy is something we can agree on.
▶ 2:11:26Sen. Hickenlooper: Almost two thirds of the people at the institute of educational sciences assessment. I want to urge you not to answer a question but make sure we get the resources where they can do good. This is something we know how to fix. We've made so many advances. Thank you. I yelled back. -- I yield back.
▶ 2:11:54Chair Cassidy: Thank you for being here today. Questions for the record will be due at 5:00 tomorrow, june 6. The committee stands adjourned.