Sen. Lamar Alexander, R-Tenn., told a group of Kentucky legislators to sue the federal Department of Education if it rejects their education plans. Alexander chairs the Senate education committee.
“If the U.S. [Education] Department says ‘no’ to you and it doesn’t like your plan, they’ve got to give you a rationale for that, they’ve got to give you an opportunity for a hearing, they’ve got to give you a chance to revise and resubmit the plan,” Alexander said. “And if the U.S. Department still rejects your plan, you can take the department to court and I hope that you do. I hope that you don’t have to.”
Alexander was talking about the Every Student Succeeds Act, passed with bipartisan majorities and signed by President Obama in December 2015. The law reduced much of the federal influence in education, leaving it up to states and local governments to set their own education rules. Those rules still have to be set within federal guidelines, though.
Alexander explained the important difference between federal regulations and guidance, in that regulation has the force of law but guidances are only “suggestion[s]” that states don’t have to follow.
“There are a few minimum requirements in the law,” Alexander said. “I don’t think they should be any problem for you; you’re probably doing 90 percent of them anyway. But rather than asking the question ‘What are we allowed to do,’ I would assume that, just assume you can do what you want to do. Put it into the law and then match it up with the law.”
Jason Russell is a commentary writer for the Washington Examiner.
