Letter to the Hon. James E. Clyburn, Chairman of the Select Subcommittee on the Coronavirus Crisis - Quigley Calls for Investigation of DeVos's Use of Coronavirus Funds

Letter

Chairman Clyburn,
I write to you today regarding my concern that the Department of Education (Department) is
disregarding congressional intent in its distribution of funds provided under the Coronavirus Aid,
Relief, and Economic Security (CARES) Act. I am deeply worried that Secretary Betsy DeVos is
taking taxpayer money from the institutions and students that need it the most during this
difficult time and diverting it to programs that she personally supports, regardless of their need.
A recent article in the New York Times titled "DeVos Funnels Coronavirus Relief Funds to
Favored Private and Religious Schools" includes numerous claims and anecdotes that I believe
warrant urgent investigation by the Select Committee on the Coronavirus Crisis, which I am very
pleased that you chair.
The disturbing cases that the New York Times reports include allegations that the Department,
under the Secretary's instruction, is misusing the discretion given to it in the CARES Act to
direct funding to small, private, often religiously focused colleges that don't have many students
and don't have a true need for the funds. As a result, some small schools are receiving thousands
of dollars in aid per student while some schools, particularly community colleges that tend to
serve less affluent, more diverse student bodies, have received far less per pupil. I fear this has
become a trend in Secretary DeVos' actions.
As you are aware, within the over $30 billion allocated by Congress in the CARES Act for an
Education Stabilization Fund, $308 million was dedicated explicitly for emergency relief through
"grants to states with the highest coronavirus burdens." The Department plans to use $180
million of that funding for a microgrant program similar to earlier voucher proposals laid out by
Secretary DeVos, which were rejected by Congress, and that would divert public funds to private
schools.
Instituting a school voucher program that reaches students in the states most impacted by the
spread of COVID-19 violates the intent of the CARES Act and will disadvantage students in
public schools by directing a disproportionate amount of funding to a minority of students who
attend private schools or are homeschooled.
Additionally, the statute provides that the majority of K-12 funds appropriated by the CARES
Act must be allocated in the "same manner" as federal funds that are disbursed annually under
Title I to school districts with a high percentage of low-income students. Under this formula,
school districts must set aside a percentage of funds commensurate with the proportion of lowincome students attending private schools in that district. However, in the midst of the global
pandemic crisis, the Department recently issued new guidance requiring districts to calculate the
relative distribution of federal funds based on the total number of students attending private
schools, regardless of income level. As a result, the per-pupil funds that public schools will
receive through the CARES Act will be dramatically less than what they otherwise would
receive under the clear language of the CARES Act.
The implementation of these policies and others do not reflect the congressional intent of the
CARES Act and will severely impede the ability of our public-school students to learn
effectively. Rather than meeting this incredible challenge and working to achieve her
Department's mission of providing the best possible education for the most possible young
people during an unprecedented time, I fear Secretary DeVos is exploiting this crisis to advance
her long-held and oft-rejected policy aims. As such, I urge the Select Committee to take a close
look at the actions of the Department of Education.

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