EXCLUSIVE: Sen. Tim Scott, R-S.C., plans to introduce a Congressional Review Act Resolution Thursday disapproving of the Department of Education’s new rules about how charter schools qualify for federal grants. 

The Department of Education’s new rules add hurdles for receiving federal funding through the federal Charter School Program, which has provided billions to start or expand charter schools since the program’s inception in 1994.

Among the new requirements imposed by the Biden administration are requiring applicants to prove a need and community support for the charter school, as well as analyzing the enrollment and diversity of the school, and disclosing contracts with for-profit companies.

"At a time when students are facing record levels of learning loss, we need innovative education options — like charter schools — more than ever," Scott told Fox News Digital. "But instead of working to strengthen and expand these schools, the Biden administration is imposing one-size-fits-all rules that will hamper their success and limit choice." 


Department of Education building

Department of Education in Washington, D.C.  (Stefani Reynolds/AFP via Getty Images)

"Parents clearly see the benefits of these high-quality, innovative public school options; that’s why charter school enrollment grew last year by nearly a quarter of a million students. I’m challenging these backwards Biden administration rules and fighting alongside parents to secure and expand opportunity for all children," Scott added. 

Charter schools across the country serve 3.5 million students, with 69% being minority students, and more than two thirds being low-income, according to the National Alliance for Public Charter Schools.

The proposed rules drew over 25,000 comments when posted in the Federal Register in March, and a coalition of charter schools has sued the Biden administration over the new regulations. 

Education Secretary Miguel Cardona

Miguel Cardona speaks after President-elect Joe Biden announced his nomination for education secretary on Dec. 23, 2020, in Wilmington, Delaware. (Joshua Roberts/Getty Images)

Senior fellow at the American Federation for Children Corey DeAngelis told Fox News Digital earlier this year the Biden administration waged war on parents with these charter school regulations. 

"These regulations are basically a kickback to the teachers unions who overwhelmingly back leftist politicians like Biden. 99.997% of the American Federation of Teachers campaign contributions, for example, have gone to Democrats in 2022 according to Open Secrets," DeAngelis said.

Joe Biden student loan debt

President Biden announces student loan relief with Education Secretary Miguel Cardona on Aug. 24, 2022, at the White House. (Olivier Douliery/AFP via Getty Images)

Scott and other members of Congress have expressed concern over the proposed regulations through the rulemaking process – warning that the proposed rules would add "new requirements for applicants that are entirely unrelated to student outcomes."


Co-signers of the resolution included Sens. Richard Burr, R-N.C.; Bill Cassidy, R-La.; Marco Rubio, R-Fla.; Mike Braun, R-Ind.; Ron Johnson, R-Wis.; Thom Tillis, R-N.C.; Kevin Cramer, R-N.D.; James Lankford, R-Okla.; Rick Scott, R-Fla.; Steve Daines, R-Mont.; Marsha Blackburn, R-Tenn.; John Cornyn, R-Texas; James Risch, R-Idaho; Mike Crapo, R-Idaho; Roger Wicker, R-Miss.; Todd Young, R-Ind.; Cindy Hyde-Smith, R-Miss.; and Bill Hagerty, R-Tenn.