With No Senate-Confirmed Appointees, Who’s Helping DeVos Run the Education Department?
Education Secretary Betsy DeVos received criticism during her confirmation process for her lack of experience in education policy. During her Senate hearing, she assured that she would rely on department staff for guidance in unfamiliar areas. However, as of March 16, no one has been announced or nominated to fill the 14 positions within the Education Department that require Senate confirmation. This is a much slower process compared to the previous Obama administration, and it hinders the department’s work in significant ways.
Carmel Martin, who worked under President Obama as assistant secretary for planning, evaluation, and policy development, expressed her surprise at the administration’s delay in appointing key positions. She noted that DeVos lacks expertise in school systems, postsecondary systems, and the specific federal programs she is responsible for implementing. This delay in appointments has been criticized by the Center for American Progress, a liberal think tank.
Gerard Robinson, a fellow at the American Enterprise Institute and part of Trump’s education transition team, acknowledged that many previous secretaries did not have experience in the federal government. However, he believes that DeVos’s experience in management and understanding complex organizations can be beneficial, especially in implementing the budget.
The Education Department press office has not responded to requests for comment, and the White House declined to provide any information.
Not only are staffing vacancies an issue in the Education Department, but the Trump administration has also neglected to nominate individuals to fill 497 out of 553 key positions requiring Senate confirmation across the federal government. Meanwhile, the administration has placed hundreds of officials in positions that do not require Senate confirmation, allowing them to assume considerable influence. This lack of appointments has left staff without clear direction.
Three former Obama administration officials who held Senate-confirmed positions, including Martin, Deb Delisle, and Catherine Lhamon, spoke highly of the department’s career staff. However, the absence of a Trump-appointed, Senate-confirmed leader has left staff uncertain about the future direction of the department.
The Office for Civil Rights is a particularly contentious area after the administration’s decision to rescind guidance on transgender student rights. Lhamon noted that the office oversees a significant amount of work, including investigating discrimination allegations based on sex, race, and other protected characteristics. Without a confirmed assistant secretary, there are concerns about the office’s guidance and direction.
Delisle emphasized that the career staff may be hesitant to engage in new or complex work without clear guidance from the new leadership. This uncertainty creates unnecessary obstacles while waiting for confirmation and policy decisions to be made.
State leaders have reached out to the organization seeking assistance in implementing the Every Student Succeeds Act, according to the speaker. She added that there has been some apprehension regarding the fate of state plans if they are submitted before the Trump administration finalizes its priorities.
Although the Education Department has released its final template for ESSA state plan submissions, guidelines for the review process have not yet been provided. Congress has passed a resolution overturning the rules established by the Obama administration and preventing DeVos from regulating in a similar manner. It is expected that Trump will sign this measure.
Martin also highlighted that there are implications in higher education. She specifically mentioned the borrower defense to repayment program, which allows individuals who attended deceitful colleges or violated state laws to have their loans forgiven. She explained that the approval of political appointees is required for this program.
Martin noted that there are numerous students who attended Corinthian Colleges and ITT Tech, both of which have closed, and are now seeking loan forgiveness.
She expressed concern that the absence of decision-makers could create a significant backlog of individuals who are in need of assistance.
Behind Schedule
The Trump administration is significantly lagging behind the Obama administration in the identification and formal appointment of candidates for these positions to the Senate.
For instance, Obama announced his first appointees, Martin for the evaluation and planning job and Peter Cunningham as assistant secretary for communications and outreach, on January 30, 2009. The Senate received their nominations, along with those for general counsel and assistant secretary for civil rights, on March 18, 2009.
Despite the limited confirmation process for Obama’s nominees, with no hearings held by the Senate Health, Education, Labor and Pensions Committee, it still took several weeks for their confirmation. On average, it took 57 days from nomination submission to final confirmation for that first group of sub-Cabinet Education Department nominees. The last nominee, Assistant Secretary for Postsecondary Education Eduardo Ochoa, was confirmed on June 22, 2010.
This process has only become lengthier with time, as partisan divisions in the Senate have become more severe.
Delisle stated that she was initially approached by the White House in the fall of 2011. She was formally nominated in January 2012 and approved by the Senate in April.
In Obama’s second term, other nominees had to be renominated if the Senate failed to act on their nominations before the end of the year. Only then were they eventually confirmed.
During this period, the Education Department operated with several key vacancies for extended periods, sometimes deliberately and sometimes while nominees awaited Senate confirmation. For instance, after Martin left her post in 2013, no one was confirmed to replace her, despite two nominees being put forward.
The administration was also willing to leave positions open. Initially, when Secretary Arne Duncan announced his resignation in October 2015, Obama stated that John King would serve as acting Secretary, rather than going through the Senate confirmation process. Only after HELP Committee Chairman Lamar Alexander insisted did Obama officially nominate King for the role, and he was confirmed in March of the following year.
While some administrations, including that of George W. Bush, have been slower in confirming a full education staff, some of the delays for DeVos can be attributed to her own protracted confirmation process and the significant attention she received. Robinson explained that since this process is now more public, people perceive that it has taken longer than usual.
Once the Trump administration does identify candidates, there is little indication that Senate Democrats will easily approve their appointments. Members of the HELP Committee, such as Senators Elizabeth Warren and Bernie Sanders, wrote to Alexander requesting confirmation hearings for "critical positions" in the Education Department.
An aide to Alexander stated that he would consult with Senator Patty Murray, the committee’s ranking Democrat, who did not sign the letter, and announce an appropriate process to ensure that the Secretary has a competent staff in place in a timely manner to serve the nation’s students.
The Democratic senators expressed particular concern about individuals who will be involved in higher education policy, especially in light of DeVos’s comments during the hearing that she would rely on staff for these specific matters.
They pointed to past confirmation hearings for Education Department nominees during the Clinton and George W. Bush administrations as precedent.
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