Federal Report
119th Congress opens under GOP control
January 27, 2025
The following report was prepared by John Schilling, president of the ACSA Council of Elementary Educational Leaders and liaison for the National Association of Elementary School Principals and the California Federal Relations Coordinator for NAESP.
Rep. Mike Johnson (R-LA) was re-elected Speaker of the House for the 119th Congress. On the vote, two Republicans voted against him and six others declined to vote before all subsequently changed their votes to give him the victory. The maneuvering was meant to signal there is enough GOP opposition to oust him as speaker at some point in the future like what happened to his predecessor, Rep. Kevin McCarthy (R-CA).
House Republicans will have a narrower majority (219-215) than they did last Congress, made even thinner with the resignation of Rep. Matt Gaetz (R-FL) and the expected departures of Reps. Elise Stefanik (R-NY) and Mike Waltz (R-NY) to serve in the Trump administration. With the vacancies in those three seats the House GOP majority will be 217-215 until special elections are held later this year.
The new House Education and the Workforce Chairman is Rep. Tim Walberg (R-MI). Former chairwoman Virginia Foxx (R-NC) was term limited from continuing to lead the committee. Rep. Burgess Owens (R-UT) also sought to lead the committee. Walberg supports parental rights, federal scholarships for school choice and career technical education. Rep. Bobby Scott (D-VA) remains the ranking Democrat on the committee.
Education Secretary nominee Linda McMahon’s confirmation hearing has not yet been scheduled but since she was previously confirmed as the administrator for the Small Business Administration, her nomination is not expected to face any significant challenges.
Federal budget: FY25 funding was extended through March 14, 2025, to give the new Congress time to set the final budget numbers and to allow the Trump administration to weigh in. The Trump administration will also have to propose their FY26 budget around this same time.
There is concern about maintaining funding for the K-12 title programs at current levels and especially for Title II, which the first Trump administration sought to eliminate. NAESP members are urged to begin compiling success stories about the use of federal funds in their schools to be ready to help fend off any proposed cuts.
There is a specific survey for the effective use of Title II funds at https://forms.gle/qJBYowY3cvnFp3tE7.
Reconciliation: We will start to hear more about reconciliation bills. These are special legislation that incorporate sweeping changes to taxes and spending in one omnibus package. There are some limits to the use of reconciliation bills and what can be included in them. A key benefit of a reconciliation bill is that passage requires only a Senate majority and not the typical 60-vote filibuster threshold. The incoming Trump administration wants to use one or two reconciliation bills to implement large portions of its agenda.
Trump administration education priorities
We are in a wait and see approach to see which of the incoming Trump administration policy proposals will be actual legislative priorities. See the full list of Trump’s education platform at www.naesp.org/blog/a-new-administration-means-new-priorities.
Parental empowerment and the reintroduction of the Parents’ Bill of Rights seems likely.
We are monitoring parent input on school principal hiring, evaluations and retention decisions. It was noted that the Maryland Blueprint for Maryland’s Future includes provisions for parents to serve on interview committees, which could be an example of this type of parental involvement.
The Trump administration will have much greater leeway to reorganize the U.S. Department of Education under its executive authority rather than abolishing it, which would require an act of Congress. Reorganization could entail moving various offices to other federal agencies, like the student aid program to Treasury, for example.
It was noted that Title I and IDEA existed as programs before the department was created and would be able to exist even if it was dismantled.
Supreme Court
There are two pending cases of interest to school leaders:
- E-cigarette companies are challenging the Food and Drug Administration’s authority to ban flavored vapes, which appeal to youths and are a gateway to nicotine use.
- There is a challenge to the constitutionality of the Universal Service Fund (E-rate) funding mechanism and the Federal Communications Commission’s authority to collect and distribute the fees charged by telecommunications companies to schools and libraries. Oral arguments will be held in the spring.
Decisions on both cases are expected by June.
Immigration enforcement
There are reports that the new Trump administration will rescind the current policy of prohibiting immigration enforcement in “sensitive areas” such as courthouses, government buildings, and schools so as not to discourage people from accessing them. School leaders are encouraged to contact their district legal staff now to understand their responsibilities and procedures in case immigration officials come to your school. School leaders are also encouraged to prepare now to communicate to and support your student, staff, and families affected by the potential sudden departure of friends and classmates.
FYI
Action Alert
NAESP is compiling success stories about the use of Title II federal funds. Share your LEA's story at forms.gle/qJBYowY3cvnFp3tE7.