Reynolds Grilled in Committee Hearing
Feature Story by Suzanne Lee - February 28, 2002
WASHINGTON, DC, FEBRUARY 26th- Several months after President Bush nominated Gerald A. Reynolds as Assistant Secretary for Civil Rights at the Department of Education, the Senate Health, Education, Labor and Pensions (HELP) Committee held a confirmation hearing for the controversial nominee. As head of the Office for Civil Rights (OCR), Reynolds would be responsible for the development of civil rights policy, monitoring recipients of Departmental funds for compliance with anti-discrimination laws, investigating complaints of discrimination, and bringing administrative actions.
Chaired by Senator Jeffords (I-VT), in place of Senator Kennedy (D-MA), the committee probed Reynolds on his background in education and his ability to enforce major civil rights laws that he has criticized throughout his career including:
Title VI of the Civil Rights Act of 1964,
Title IX of the Education Amendments of 1972,
Section 504 of the Rehabilitation Act of 1973, and
Title II of the Americans with Disabilities Act of 1990.
Senator Wellstone (D-MN) began his line of questioning by probing Mr. Reynolds on his views of disparate impact or the "effects test" which uses statistical analysis to draw inference of racial discrimination in schools, and how disparate impact would be applied in certain situations. For example, Wellstone asked Reynolds about disparate impact and the new testing requirements as part of the No Child Left Behind legislation. When questioned by Sens. Wellstone and Murray (D-WA) about Title IX, Reynolds stated he was an enthusiastic supporter of Title IX. However, he used the language of opponents of Title IX in suggesting while on its face, Title IX does not lead to quotas, in reality, it has such an effect.
Sen. Reed (D-RI) followed with further questioning regarding the disparate impact standard, Title VI, and the Alexander v. Sandoval (2001) decision. The Supreme Court's decision in Sandoval is important because individuals do not have the right to sue to enforce Title VI regulations, placing a significant new burden on the Office of Civil Rights to enforce the disparate impact regulations, a duty that, if confirmed, Reynolds would be charged with.
Senator Kennedy's most serious concern regarding the nomination of Gerald Reynolds was his lack of experience with education matters and his knowledge of accompanying civil rights protections. The first question Kennedy posed to Reynolds was about his fitness for the position. Reynolds responded by citing experience on education related issues as head of the Center for New Black Leadership (CNBL) from 1997-1998. At CNBL Reynolds referenced his "time reviewing research literature, meeting with individuals who run schools, and promoting education reform." Reynolds noted that a lot of his time devote to education issues was spent with private religious schools.
Reynolds credited his passion for education to the experiences of his family, and his concentration on education in his undergraduate studies at the City University of New York at York College and experience in the classroom as a student teacher. However, Kennedy continued to press Reynolds on his background, particularly on what he had done in education in the years since his one-year tenure at the CNBL as the appointment would require highly technical issues involving education.
Several civil rights organizations, including the Leadership Conference on Civil Rights (LCCR), the N.A.A.C.P, the Association of People With Disabilities, and the American Association of University Women (AAUW) were also wary of Reynolds' position on affirmative action. In the past, he has been critical of race-based affirmative action policies. In response to their concerns, Reynolds assured the Senate HELP committee that he supported such programs: "If I am confirmed, I will seek to promote affirmative action programs that are consistent with the Constitution and achieve the critical goal of leaving no child left behind." In describing affirmative action, Reynolds called it an "empty vessel in which you can pour anything," that it meant different things to different people.
The NAACP in particular had serious reservations about the Reynolds nomination. "Reynolds has consistently called for the elimination of a variety of programs that have helped racial and ethnic minorities, as well as women, the elderly, and disabled Americans. It is inconceivable that a person with such strong convictions should be charged with implementing and protecting the laws for which he has shown such contempt," said
Kweisi Mfume, NAACP President and CEO.
Throughout the confirmation hearing, Reynolds pledged to enforce all laws including Title IX, which protects against gender discrimination in schools, Title VI, and Title II of the Americans With Disabilities Act.
Sens. Jeffords (I-VT), Gregg (R-NH), Wellstone (D-MN), Murray (D-WA), Reed (D-RI), Sessions (R-AL), and Kennedy (D-MA) attended the hearing and presented questions to Mr. Reynolds. The Senate HELP Committee has not set a date for a vote on Reynolds, as they left the record open until this Monday. The key to the confirmation is thought to be Senator James Jeffords (I-VT), who presided over the hearing in place of Senator Kennedy.
