Congressional Leaders Raise Concerns with Integrity of ESSA Negotiated Rulemaking
WASHINGTON, D.C., May 17, 2016
House Education and the Workforce Committee Chairman John Kline (R-MN)—along with Subcommittee on Early Childhood, Elementary, and Secondary Education Chairman Todd Rokita (R-IN) and Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN)—today wrote to the Department of Education to express “serious concerns about the integrity” of the department’s Every Student Succeeds Act (ESSA) negotiated rulemaking process. Among other concerns, the letter raises questions related to the makeup of the rulemaking panel, a lack of rural and student representation in the process, and the accuracy of statements made by the department’s negotiators.
First established in 1990, the negotiated rulemaking process was created to bring federal agencies and interested stakeholders together to develop certain new regulations through a framework designed to promote consensus among diverse groups. The Every Student Succeeds Act requires the department to use this process, at a minimum, for regulations on standards, assessments, and the requirement that federal funds supplement, rather than supplant, state and local funds.
To “evaluate the Department’s compliance with negotiated rulemaking requirements and the integrity of the ESSA negotiated rulemaking process,” the chairmen’s letter requests information related to a number of questions, including:
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