Rep. Katherine M. Clark (D-Mass.) said that one private school in Indiana that is a voucher school says it may deny admission to students who are LGBT or who come from a family where there is “homosexual or bisexual activity.” She asked DeVos whether she would tell the state of Indiana that it could not discriminate in that way if it were to accept federal funding through a new school choice program. Clark further asked what DeVos would say if a voucher school were not accepting African American students and the state “said it was okay.”
To Clark’s question about whether she would step in, DeVos responded: “Well again, the Office of Civil Rights and our Title IX protections are broadly applicable across the board, but when it comes to parents making choices on behalf of their students …”
Clark interrupted and said, “This isn’t about parents making choices, this is about the use of federal dollars. Is there any situation? Would you say to Indiana, that school cannot discriminate against LGBT students if you want to receive federal dollars? Or would you say the state has the flexibility?”
DeVos said: “I believe states should continue to have flexibility in putting together programs …”
Clark interrupted, saying: “So if I understand your testimony — I want to make sure I get this right. There is no situation of discrimination or exclusion that if a state approved it for its voucher program that you would step in and say that’s not how we are going to use our federal dollars?”
DeVos said she didn’t want to answer a hypothetical question. Clark said it wasn’t hypothetical, and asked if she saw any circumstance that the federal government would tell a state that it could not allow a private voucher school to discriminate against students.
At that point time expired, but DeVos was allowed to respond.
DeVos: “I go back to the bottom line — is we believe parents are the best equipped to make choices for their children’s schooling and education decisions, and too many children are trapped in schools that don’t work for them. We have to do something different. We have to do something different than continuing a top-down, one-size-fits-all approach. And that is the focus. And states and local communities are best equipped to make these decisions.”
Clark: “I am shocked that you cannot come up with one example of discrimination that you would stand up for students.”
The chairman of the subcommittee said she wasn’t required to answer. She didn’t and the discussion moved on.