Capito joins call for Education Dept. to rethink guidance

The U.S. Department of Education has misinterpreted the language of a specific law to exclude certain educational activities from receiving federal resources and it must fix its related guidance, according to U.S. Sen. Shelley Moore Capito (R-WV) and a bipartisan contingent of 17 other lawmakers.

“Once again, the Biden administration has taken a misguided interpretation of laws passed by Congress,” Sen. Capito said on Sept. 6. “I’ve heard from countless West Virginians who would be impacted by this and the educational opportunities and resources it would take from our children. 

“My colleagues and I are taking action to ensure the voices of millions of Americans and West Virginians are heard loud and clear,” added Sen. Capito.

Specifically, Sen. Capito and her colleagues are focused on section 13401 of the Bipartisan Safer Communities Act (BSCA), which amended the Elementary and Secondary Education Act of 1965 (ESEA) to add a new prohibited use of federal funds provided under ESEA. 

In a Sept. 5 letter sent to Department of Education Secretary Miguel Cardona, the lawmakers noted that the intent of this section was to preclude these funds from being used to purchase weapons for school staff or to train school staff in the use of weapons, with the recognition that ESEA funds should support student achievement, educational enrichment programs, and student well-being.

In implementing BSCA’s section 13401, however, the department issued guidance that the lawmakers contend has sparked concerns from district and state leaders that ESEA funds may no longer be used to support archery, hunter safety education, or other extracurricular programs. And they wrote that the department has encouraged local and state education agencies to seek alternative sources of funding for archery and hunting educational enrichment programs.

“This is concerning because of the important role these enrichment programs can play in students’ lives,” wrote the lawmakers. “Archery is an inclusive extracurricular activity that empowers students from all backgrounds to learn a sport and compete. Hunter safety classes and programs play an important role in teaching safety, wildlife management, landowner relations, and personal responsibility to students.”

The BSCA “was also carefully negotiated and drafted to protect and preserve law-abiding citizens’ Second Amendment rights,” wrote Sen. Capito and her colleagues, who asked that the DOE interpret the language as Congress intended and no longer ask educational entities to seek other funding sources for “educational enrichment programs that align with the intent of ESEA-supporting student achievement and student well-being.”

“It is our hope that the department will rethink its latest guidance that threatens students’ access to these programs, which support pathways to professional success, community safety, and personal well-being,” they wrote.

Among the lawmakers who joined Sen. Capito in signing the letter were U.S. Sens. Thom Tillis (R-NC), Susan Collins (R-ME), Roger Wicker (R-MS), Joni Ernst (R-IA), and Kyrsten Sinema (I-AZ).