What a ‘blue tsunami’ means for education in California

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Democrats’ dominance in last week’s midterm elections could have significant consequences for federal education policy and the fate of the U.S. Department of Education. 

For California, where Democrats already dominate state politics, the election could create new opportunities to challenge the administration’s education agenda in Washington.

Incoming Democratic leaders in the House and Senate have said the election gives them a mandate to address soaring costs, end war with Iran and clean up government corruption.

Education is likely to gain attention when it can be connected to these broader priorities, particularly affordability and everyday pocket book policy issues, according to Jonathan Collins, assistant professor of political science and education at Columbia University’s Teachers College.

“If that conversation happens in a silo, I don’t think it’s going to go anywhere,” Collins said.

Now that Democrats will soon hold Congress’ power of the purse, they may be able to reign in efforts by the Trump administration to disband the U.S. Department of Education.

“There hasn’t been a whole lot said about education at that sort of high national leadership level,” said Emily Merolli, a founding partner at the D.C.-based Sligo Law Group, who previously served in the U.S. Department of Education. “I think there is a new awareness of the role of the federal government in education.”

Congressional oversight of the education department is likely to intensify. After last week’s election, Rep. Bobby Scott, D-Va., ranking member of the House Committee on Education and the Workforce, sent a letter to Education Secretary Linda McMahon, reminding her of the department’s responsibility to preserve federal records so that Congress can “fulfill its essential oversight responsibilities.”

More states could oppose Trump’s agenda

The number of Democratic state attorneys general will also grow across the country, which means that California will likely have a broader coalition of states willing to challenge Trump administrative actions.

While education played almost no role in the California governor’s race, it emerged as a key issue in other states. In Texas, candidates with education backgrounds, including Senator-elect James Talarico and Governor-elect Gina Hinojosa, won office, in part, by challenging the state’s expanding private school vouchers programs, which some experts say could suppress the appetite for such programs at the federal level.

President Trump still has broad executive authority

Come January, Democrats will regain control of the U.S. Senate and House of Representatives, but President Donald Trump will still have the power to veto legislation.

The president also still has the power to carry out his agenda via executive orders, which he has used often in the realm of education during his second term. Many of those orders have been blocked in court, such as the attempted dismantling of the Department of Education, mass layoffs and cancellation of teacher-training grants.

“They come out, there’s a flashy press release, and the important thing to remember — which is hard when it’s like a big splash, press release, and threats of enforcement — but executive orders don’t create new law that is binding on anyone other than federal agencies,” said Merolli. 

But even if judges ultimately block an executive order, they can still leave a lasting effect on schools, Merolli said. It takes time to litigate executive orders, and in the meantime, some education and school leaders may decide to abide by them, or defy them in the hopes that the Trump administration’s threats are empty.

The administration and conservative think tanks, such as the Heritage Foundation and Cato Institute, have argued that the U.S. Department of Education is a wasteful bureaucracy that has had little effect on academic achievement. It has advocated for slashing the department and sending its funding directly to states.

Congress may push back on dismantling the U.S. Education Department

Even while under Republican control, Congress has been unwilling to formally dismantle the Department of Education. Instead, the Trump administration has taken steps to remove key responsibilities from the department and slash staffing. A Democrat-controlled Congress may draw more opposition to the administration’s decisions.

A bipartisan coalition, including Sen. Lisa Murkowski, R-Alaska, and outgoing Sen. Susan Collins, R-Maine, introduced legislation that would block the Trump Administration from transferring offices and functions to other agencies. That includes special education, elementary, secondary and postsecondary education as well as Indian Education. The bill does not mention the U.S. Department of Education’s Office for Civil Rights mass layoffs; staff members were later reinstated under court order.

“It’s gonna be a question for everybody: how much political capital are you going to expend on this? And how willing would the president be to veto something if it does get broad bipartisan support?” Merolli said.

Federal education officials could face scrutiny

Congress has the power to investigate the education department’s internal communications, which some Democratic members, including Scott, have signaled they’d pursue. That could be important to the future of the Department of Education. 

Reid Setzer, director of government affairs for EdTrust, a national advocacy group for economic and racial equity, said Democrats in Congress will be able to launch oversight investigations and call in witnesses to testify. This could include federal education employees who were terminated, state education leaders who lost lines of communication to the federal government or parents who filed federal complaints that their child was discriminated against and never heard back, Setzer said.

“It’s also really important to have it on the public record and raised in public awareness,” said Merolli of Sligo Law Group. “It can also feel really frustrating because you’re like, ‘OK, everybody’s agreeing that maybe this isn’t great, but what’s actually happening?’ ”

What happens in Congress will depend largely on who is appointed to key congressional positions in both chambers’ committees in the coming months.

Most of Congress’ legislation has come through appropriation bills in recent years, so that may be the “easiest and fastest way” for legislators eager to push back against the Trump administration’s education agenda, Merolli said. Appointments to the Appropriations Committee will be key.

Sen. Bernie Sanders, I-Vt., is poised to become chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, where he is expected to focus on his Medicare For All platform, but he has also pushed for his debt-free college bill. Scott and other representatives have indicated that they are interested in leadership roles on the House Committee on Education and Workforce.

One issue that has received bipartisan pushback is loan caps for postbaccalaureate students that were passed as part of the One Big Beautiful Bill Act, Reid said. The administration has argued that limiting borrowing will have a positive effect on the cost of attending graduate school, but critics say that the cap has choked off the pipeline of workers into some healthcare fields, education and social work.

This story was originally published by EdSource.