Federal Legislative Update

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As we prepare to usher in a new Administration, Congress, and Senate into the US Capitol, there could be a lot changing in the political  landscape, especially in the world of education.  While we are in a “wait and see” holding pattern, the incoming Trump administration policy proposals will quickly become actual legislative priorities. We can only speculate at this point, however, immigration, parental rights, universal school choice, K-12 funding, and Title II funding (which the first Trump administration sought to eliminate) are all issues that we will be closely monitoring. There are also concerns about rumors that the new Administration will seek to abolish the US Department of Education altogether. 

The Trump administration would have much greater leeway to reorganize the U.S. Department of Education under its executive authority rather than abolishing it, which would require an act of Congress. Reorganization could entail moving various offices to other federal agencies such as moving the student aid program to Treasury, for example. It is important to note that Title I and IDEA existed as programs before the US Department of Education was created, meaning those programs would be able to continue to exist, even if the Department was dismantled. 

On the first day of the new Congress, Rep. Mike Johnson (R-LA) was narrowly re-elected Speaker of the House in a dramatic vote, overcoming hard-right GOP holdouts. House Republicans will have a narrower majority (219-215) then they did last Congress, made even thinner with the resignation of Rep. Matt Gaetz (R-FL) and the expected departures of Reps. Elise Stefanik (R-NY) and Mike Waltz (R-NY) to serve in the Trump administration. With the vacancies in those three seats, the House GOP majority will be (217-215) until special elections are held later this year. 

The new House Education and the Workforce Chairman is Rep. Tim Walberg (R-MI), who has served on the House Education and Workforce Committee for 16 years.  Upon his appointment, Walberg said, “We have a unique opportunity to make substantive reforms to empower parents, incentivize workforce training, improve government efficiency, and unburden American innovators and job creators. The American people have given us a mandate to enact meaningful change and ensure future generations will succeed.” “We have significant work ahead of us, from enshrining protections for parents to continuing to protect Jewish students on college campuses to rights providing more opportunity and flexibility to American workers,” Walberg continued. “Freedom, opportunity, and fairness will guide our work as we deliver results for America. Let’s get to work!”

Even though the inauguration of President-elect Donald Trump is not scheduled to take place until Monday, January 20, 2025, the Senate Finance Committee is expected to hold a confirmation hearing with President-elect Donald Trump’s nominee for Treasury Secretary, Scott Bessent, on Jan. 16th, according to sources familiar with the committee’s plans.

Education Secretary-nominee Linda McMahon’s confirmation hearings have not yet been scheduled. However, since she was previously confirmed as the administrator for the Small Business Administration, her nomination is not expected to face significant challenges.

Across the street from the Capitol, there are currently two cases pending before the Supreme Court of the United States (SCOTUS) of interest to school leaders. One case concerns a challenge to the constitutionality of the Universal Service Fund (E-rate) funding mechanism and the FCC’s authority to collect and distribute the fees charged by telecommunications companies to schools and libraries. Oral arguments will be held in the spring and a decision is expected in late June/early July, before the Court goes on recess. The other case involves a challenge by E-cigarette companies to the FDA’s authority to ban flavored vapes (which most prominently appeal to young people).  The Court’s decision could affect how the agency regulates the various industries under its purview.

Your NJPSA Government Relations team will be boots on the ground defending against funding cuts or any other education policies that would harm our great schools. We will be joining principal advocates from all across the country in March to help spread the word on the Hill of all of the incredible work school building leaders are doing. We will keep you informed as developments happen.  In the meantime, if you have any questions or concerns, please do not hesitate to contact NJPSA at any time. 

We may be calling on you in the near future to help advocate for Congress to  maintain funding for the K-12 title programs at current levels, so please be prepared to answer that call when it comes!