Newly arrived Education Secretary John B. King, Jr., is in hot water with Congress, state governors and various school reformers. The Department of Education is moving forward with rules that would turn the Every Student Succeeds Act’s “supplement not supplant” provision into a cudgel to force states to equalize school spending.
It’s easy to see why folks are ticked. Not least, there is the fact that the ESSA took years to negotiate and a ton of time was spent building a bipartisan coalition to support the legislation. President Barack Obama signed it in December, and a mere three months later, the department jammed a finger in Congress’ eye with its rulemaking, which splits supporters of the ESSA.
There also is the small matter of the law: the department’s proposed new take on “supplement not supplant” goes way beyond the plain language of the law and is contrary to its legislative history and spirit:
“A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.”