Education Secretary Betsy DeVos
Betsy DeVosBiden's has an opportunity to win over conservative Christians Acting DHS chief Chad Wolf stepping down The Memo: GOP and nation grapple with what comes next MORE struggled in the hot seat before a House committee Tuesday to answer questions from Democrats about the Education Department’s Office of Civil Rights and how it plans to protect LGBT students from discrimination and harassment in schools.
Rep. Marcia Fudge
Marcia FudgeHow fair housing and COVID-19 intersect Pelosi to seat Iowa Republican as Democratic challenger contests election results Former Sanders surrogate Nina Turner discusses House bid MORE (D-Ohio) said she’s concerned about the office's low performance and asked DeVos to recite its mission.
“The Office for Civil Rights is committed to protecting the civil rights as determined under the law of this land and we do so proudly and with great focus each day,” DeVos said, while testifying for the first time before the House Education and the Workforce Committee.
"That's not the mission," Fudge said, before asking DeVos if she knows what it is.
“I have not memorized the mission statement,” DeVos said.
The New York Times reported in April that the office has begun dismissing hundreds of civil rights complaints, as part of a new efficiency protocol, if the complaint is part of a serial filing or the complaint is overly burdensome.
Colorado Rep. Jared Polis
Jared Schutz PolisColorado investigating possible second case of coronavirus variant in National Guard members Colorado confirms first case of highly contagious COVID-19 variant in US Parents of 'balloon boy' pardoned by Colorado governor MORE (D) later quizzed DeVos on current court precedent on transgender civil rights.
Polis asked DeVos if she had heard of Whitaker v. Kenosha, in which the 7th Circuit Court of Appeals ruled it is sex-based discrimination when a school does not allow a transgender student to use the bathroom that conforms with their gender identity.
In one of her first acts in office, DeVos and Attorney General Jeff Sessions
Jefferson (Jeff) Beauregard SessionsSen. Hawley tramples the 2020 vote in his run to 2024 Bottom line Five GOP senators to watch in next month's Electoral College fight MORE rescinded Obama-era guidance that directed schools to let transgender students use the bathroom that corresponds with their gender identity.
Polis then asked DeVos if she had heard of Glenn v. Brumby, in which the 11th Circuit Court of Appeals held that discriminating against someone based on their gender nonconformity violates the Equal Protection Clause of the Constitution.
DeVos said she’s committed to protecting civil rights as stated by the civil rights law and the office has continued to do so.
“I think part of what your have referred to, with regard to transgender students, is courts have been mixed on that and this body has not opined or updated or addressed that,” she said.
Polis shot back.
“Those are two precedents that stand,” Polis argued.
“They stand as current interpretations of U.S. civil rights law and I want to know how you’ll instruct Acting Secretary [Candice] Jackson and the Department of Education to adhere to the law and the precedents and actually begin proactively protecting transgender students from discrimination.”
DeVos said the office is committed to ensuring the law is followed and protecting students’ rights as written in the law.
“Until the Supreme Court opines or until this body takes action, I’m not going to make up law from the Department of Education," she said.
