WASHINGTON, D.C. – Today, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS), held a hearing to review the president’s Fiscal Year (FY) 2025 Budget Request for the U.S. Department of Education.

Below is the opening statement of Ranking Member Shelley Moore Capito (R-W.Va.) as prepared for delivery:

“Good morning. Thank you, Chair Baldwin. And thank you, Secretary Cardona, for being here today to discuss the Department of Education’s budget request for fiscal year 2025.

“Last summer, this committee was able to work together to pass 12 bipartisan appropriations bills out of the full committee. And while I regret that it was so delayed, last month Congress passed final bipartisan funding bills for fiscal year 2024. We were able to successfully complete the 2024 process because everyone worked together to find common ground.

“The fiscal year 2025 process is likely to face similar, if not greater challenges, but I am hopeful that we will once again be able to come together and produce a bipartisan 2025 Labor-HHS bill that prioritizes programs that help provide the opportunity for a high-quality education for all students. 

“While this budget proposes to continue spending money on programs and activities that we simply can’t afford, I appreciate the somewhat tempered approach this year compared to your previous budgets. The Fiscal Responsibility Act (FRA) continues to be the law of the land and will govern what is possible moving forward and, just like last year, we’re going to have to make tough choices. 

“So I’m concerned that this budget attempts to go around the FRA by proposing $140 billion in new mandatory spending for programs that this country can’t afford and that Congress has consistently rejected. Expensive new federal programs like free college are ill-advised and unlikely to be considered. Pandemic-era spending is over and we have to get down to business.

“The challenges facing K-12 education are downright alarming for the current generation of kids. We are facing a crisis of chronic absenteeism and falling test scores in this country. The number of kids counted as chronically absent, missing at least 10% of school days each year, is double what is was before the pandemic. In West Virginia, 28% of kids missed more than 18 days of school last school year—that’s almost a month of school. This isn’t okay. When kids don’t go to school, they don’t learn, thrive, and grow—not just academically, but also socially. I know you share this concern, and I hope your department will continue working to give states and districts the support they need to help get kids back in the classroom.

“Federal education spending should support states and policies that afford the greatest opportunity for kids to learn and achieve academically. Formula grant programs like Title one, IDEA, and Career and Technical Education grants put education decisions as close to local schools, teachers, and parents as possible and provide crucial flexibility that local communities need to best meet the needs of their students. I am pleased that the budget prioritizes these essential programs.

“However, your budget also proposes to slash other funding intended to help public school students succeed—the Charter School Program. Secretary Cardona, this is your fourth appearance before this subcommittee so it shouldn’t be a surprise that a cut to charter school spending does not go over well in a bipartisan environment. This $40 million cut is based on false claims of declining demand for the program when really the department’s own actions are to blame. The department’s imposition of burdensome new program rules and failure to adequately staff the program office are the real reasons for any challenges in this program. When enrollment in traditional public schools declined following the pandemic, charter school enrollment increased. I think that’s a pretty clear indication of increased demand. 

“The budget also includes a $600 million or almost 30% increase in funding for the Office of Federal Student Aid. Yet FSA already receives more than $2 billion a year, and it’s not clear what the American people are getting for their investment. I’m particularly concerned by the disastrous rollout of the new FAFSA for the 2024-2025 school year.

“Congress passed the FAFSA Simplification Act to simplify and improve the process of applying for federal student aid in December 2020, more than three years ago. Yet this administration’s implementation of the law has not made things better for students. It is not an understatement to say that this has been an unmitigated disaster caused by an inexcusable failure of leadership on your part.

“Implementation of this bipartisan congressional priority should have been a top priority for the Biden administration. The deadline to update the FAFSA should have come as no surprise. In fact, Congress even gave the administration an extra year to complete it.

“But, instead of prioritizing this important work, the political leadership at the Department of Education chose to spend time, resources, and personnel to advance the administration’s priorities around canceling student debt. That is indefensible.

“I have spoken with so many West Virginians the past several months who are angry about your department’s misplaced priorities and feel discouraged about their futures because of the bungled FAFSA implementation.

“FAFSA completions are down 36% nationally compared to this time last year. In my home state of West Virginia, the number of high school students that have completed FAFSA is down almost 40% compared to this time last year.

“For non-traditional age students in West Virginia, students ages 25 and up, FAFSA completion rates are down 35%. Maybe students put off postsecondary education to work, or to care for a family member, and now because of this mess, they are having to delay their goal of furthering their education more. Some students may never end up enrolling in postsecondary education because the hurdles to complete the FAFSA were just too high. And many of those who have managed to overcome the difficulties and submit their FAFSA are still left in the dark about what financial aid they are eligible for in the fall.

“This is obviously a huge issue for students and their families, but it is also a challenge for colleges and universities as well. Because of the delays and challenges concerning the rollout of the new FAFSA, $482 million is hanging in the balance for student in West Virginia, severely jeopardizing college access and affordability for those students, many of whom would be the first in their families to go to college.

“Tomorrow is May 1, traditionally known as College Decision Day. In a typical year, high school graduates across America would be finalizing their decisions about which college or university to attend in the fall. But this year, your department just yesterday sent colleges the correct information they need to package aid awards. Students are still unable to make plans or informed financial decisions about what is likely to be the most expensive and important choice they will have to make so far in life.

“I agree with your statement that ‘there is nothing more important right now at the Department of Education,’ and I hope moving forward you will be singularly focused on addressing outstanding issues and ensuring that these problems are not repeated in the 2025-2026 FAFSA cycle. Our students deserve better.

“On that note, I am concerned with all of the regulations coming out of the department right now or expected out soon, including the new ‘plan B’ student loan forgiveness rule, Title Nine, and new cash management rules that would increase the cost of educational materials for students. I urge you to abandon these efforts.

“Finally, I want to ask you to take action to protect Jewish students and restore order on college campuses across America. Discrimination based on national origin violates Title six of the Civil Rights Act and your department is required to enforce the law. No student should have to fear for their safety while attending school. Last week, 26 of my Republican colleagues and I sent you a letter on this topic and look forward to your prompt response.

“Mr. Secretary, we have a number of important topics to discuss today so I want to thank you again for being here.”

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