The bill, sponsored by Sen. Tim Scott (R-SC), seeks to invalidate the Biden administration’s rule under the Congressional Review Act, which allows Congress to pass legislation to invalidate executive branch regulatory actions by a simple majority vote; however, the president’s signature is still required.
The rule, which was finalized in July, contains what opponents say are burdensome requirements for charter schools seeking federal funding under the Charter School Program. The final rule differed greatly from the initial proposal, which education policy experts said would have forced up to 10% of charter schools to close.
The Biden administration had faced bipartisan backlash for the initial version of the rule. Colorado Gov. Jared Polis (D) and Sen. Michael Bennett (D-CO) were among the members of the president’s own party that criticized the proposal.
In a floor speech Tuesday, Scott said the Wednesday vote presented an opportunity for the Senate to “stop the Biden Department of Education from destroying educational opportunities for millions of students and their parents.”
“Despite their proven track record of success for students, for parents, and, of course, for common sense, the Biden administration continues to attack charter schools,” Scott said in his speech. “He campaigned against them. And then as soon as he got in office, he directed the bureaucrats at the DOE, the Department of Education, to put new restrictions on charter schools [that are] desperately looking for funding. These restrictions are a slap in the face to parents who are turning to charter schools as a better alternative for their children.”
Despite the bipartisan criticism of the charter school regulations, no Democratic senators have signed on to co-sponsor Scott’s resolution.