The Sconi

The Checks & Balances Project (C&BP) has sent a Freedom of Information Act (FOIA) request to the U.S. Department of Education, seeking communications between U.S. Department of Education Secretary Betsy DeVos and others after allegations were made that she violated the Hatch Act.

The Hatch Act prohibits those employed by the federal government to partake in political activities while working.

C&BP seeks communications between USDE officials and other governmental officials, communications between officials and non-government third parties and any calendar appointments, meetings and contact lists that fall within the scope of the request.

“Before Betsy DeVos was education secretary, she pushed for cuts to public schools for decades,” said Scott Peterson, executive director of C&BP. “She still wants those cuts and wants private schools to receive taxpayer funding. But the difference now is that she can push money to places she wants it to go.” 

C&BP initially sent a complaint in September that triggered an investigation into whether DeVos had violated the Hatch Act. 

"We seek records reflecting interactions between Education Department officials and various parties regarding the awarding and allocation of grants and other forms of funding authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act)," Peterson wrote in the FOIA request. "Third parties include but are not limited to Trump campaign officials, for-profit education companies, charter school trade associations, charter school owners/operators and their associated for-profit management organizations, and religious schools and/or their relevant associations."

In its acknowledgment of the request, Tanisha Williams, with the FOIA services center at USDE, said the request had been forwarded to those primary responsible office for the action.

C&BP alleges that in the spring, DeVos used millions from CARES Act funding toward private and for-profit schools when the money was intended to be used for public schools, The New York Times reported.

The news media reported that DeVos depleted higher education funding and sent it to small private colleges. It also reported that she told school districts to split money that was designated for low-income students with private wealthy schools.

The Hatch Act's purpose is to prohibit the bulk of political activity by federal employees.