November Policy News Round-Up

The 2024 election signaled major changes in the White House and on Capitol Hill. Learn more about what the results mean for our work at NCLD.

Administration: Donald Trump is Elected President 

Former President Donald Trump was elected to a second term, defeating Vice President Kamala Harris. He will become the second President in U.S. history to serve two non-consecutive terms, after Grover Cleveland. While it was not a primary issue for President-Elect Trump during his campaign, he did indicate some of his priorities for education were supporting universal school choice, reversing Title IX regulations around sex-based discrimination, and abolishing the U.S. Department of Education (USED). The proposal to shut down USED has raised particular concern in the media, though notably this action is not something the former president would be able to accomplish easily or quickly, as this type of change would require Congressional approval. However, there are other steps the President-Elect could take to shrink the department and create a backlog through administrative decisions. We also anticipate the President’s proposed budget for the upcoming fiscal year will likely reflect cuts to many educational programs.

President-Elect Trump selected Linda McMahon to be the U.S. Secretary of Education in his upcoming term, though the nomination is still subject to Senate approval before the position is officially confirmed. McMahon previously served as the head of the Small Business Administration during the first Trump presidency, and is perhaps best known as a co-founder and former CEO of World Wrestling Entertainment, or WWE. She is a longtime ally of President-Elect Trump, having served as chair of a pro-Trump super PAC and a board member of a pro-Trump think tank, and has unsuccessfully run for U.S. Senate in Connecticut twice.  

Senate: Republicans Take Control of the Senate

Senate Republicans have flipped four seats, taking control of the chamber in a 53 to 47 majority. One of those flipped seats belonged to Senator Bob Casey (D-PA), who lost reelection in Pennsylvania to Republican David McCormick. Sen. Casey has been a champion for students with disabilities and is a lead cosponsor of the Respond, Innovate, Succeed, and Empower (RISE) Act, which would require colleges and universities to accept an IEP or 504 Plan as sufficient proof of a disability for students seeking accommodations, meaning if he loses the recount, the bill will have to find a new lead Democratic cosponsor in the upcoming 119th Congress. With the new Republican majority will come changes in committee and subcommittee leadership. Sen. Bill Cassidy (R-LA) is expected to become chair of the Senate Committee on Health, Education, Labor, and Pensions (HELP), taking control from current chair, Sen. Bernie Sanders (I-VT). Sen. Cassidy is currently the ranking member of the committee, and has a record of supporting issues related to literacy and dyslexia. He is also the lead Republican co-sponsor for the RISE Act.  

House: Republicans Retain Control of the House of Representatives

The U.S. House of Representatives will remain under control of Republicans, who hold a 218 to 214 majority, with 5 races still yet to be called (as of November 20). While the balance of power in the House will not change, flipping the Senate and Presidency may potentially empower House Republicans to leverage the budget reconciliation process to fast-track funding priorities. In a significant shake-up, Rep. Virginia Foxx (R-NC-05) will be stepping down from her position as chair of the House Committee on Education and the Workforce. It is unclear as of yet who will take her place in leadership. 

State Spotlight: Education Measures On the Ballot

In addition to the President and their Members of Congress, individuals across the country voted on education issues in their states through ballot measures. Last month we highlighted some of these ballot measures in Colorado, Kentucky, Nebraska and Massachusetts. Here’s an update on how voters responded:

  • In Colorado, Kentucky, and Nebraska, voters rejected ballot measures supporting school choice initiatives, taking a clear stand against the use of public funds going to private schools. 
  • In Massachusetts, voters approved a ballot measure to eliminate the state’s standardized “exit exam” graduation requirement. 

In Case You Missed It:

  • The US Department of Education (USED) Office for Civil Rights (OCR) released new guidance on avoiding discriminatory use of artificial intelligence in education. 
  • USED Office of Special Education and Rehabilitative Services (OSERS) and Office of Elementary and Secondary Education (OESE) released joint guidance on the use of functional behavioral assessments.