In part I, we looked at a few of Penny Schwinn's career highlights. They represent a complex and controversial trajectory in education leadership, raising significant concerns about her suitability for the Deputy Secretary of Education role. Her tenure across multiple states, including Delaware, Texas, and Tennessee, has been characterized by ethical dilemmas, conflicts of interest, and contentious policy decisions that have sparked debate among educators, lawmakers, and parents.
President Trump's appointment of Schwinn comes amid scrutiny over her past actions and governance style, particularly regarding her handling of contracts and connections to establishment figures in education reform. The Professional Educators of Tennessee express deep concerns about her ability to lead effectively, advocating for fairness and transparency in the educational sector. We argue that Schwinn's past experiences undermine the trust essential for education leadership, particularly her involvement in no-bid contracts and questionable decision-making.
Her early career links with former Senator Dianne Feinstein and her time with Teach For America set the stage for a trajectory that intertwines with various educational reforms and controversies. While ambitious, Schwinn's leadership at St. Hope Public Schools and the founding of Capitol Collegiate Academy faced criticism for failing to meet academic standards, raising questions about her effectiveness in improving educational outcomes.
In Delaware, her role as Chief Officer of Accountability and Performance was marked by divisive policies that led to allegations of discrimination and inadequate support for low-performing schools. While intended to uplift struggling institutions, the Priority Schools program faced backlash for its punitive measures and lack of consideration for systemic issues affecting students.
The SPEDx scandal in Texas further exemplifies Schwinn's controversial tenure. A no-bid contract and undisclosed conflicts of interest culminated in financial loss and significant public outcry. Subsequent whistleblower complaints and state audits painted a picture of mismanagement that contributed to her exit from Texas.
As Tennessee's Commissioner of Education, Schwinn's focus on literacy and curriculum reform met with mixed reviews. Allegations of prioritizing personal agendas over stakeholder consultation, particularly concerning contracts linked to her husband, raised ethical questions. Her management of the COVID-19 pandemic and the contentious child well-being checks drew criticism for perceived overreach and lack of transparency.
The high turnover rate within the Tennessee Department of Education during her tenure indicates potential instability and dissatisfaction among staff, further complicating her legacy. Schwinn's initiatives, while ambitious, were often viewed through a lens of skepticism, with concerns about their alignment with community values and the efficacy of her approaches. Below is a review of several issues we noted during her time in Tennessee.
Tennessee
Penny Schwinn held the position of Tennessee's Commissioner of Education from February 2019 until her resignation in June 2023. Her time in office was characterized by controversies that sparked considerable debate among lawmakers, educators, and parents throughout the state.
Many believe that Penny Schwinn was more focused on her agenda and did not adequately consult with those here in Tennessee. There was a significant lack of communication between the General Assembly, local superintendents, and school boards. This disconnect was one of Commissioner Schwinn's and her administration's significant shortcomings.
One of the most significant issues arose in 2021, when Schwinn entered into an $8 million contract with TNTP, a New York-based organization, to provide teacher training as part of a state reading initiative. This decision became contentious because her husband, Paul Schwinn, was employed by TNTP, which raised serious questions about potential conflicts of interest.
Although Schwinn sought and received approval from the state’s Central Procurement Office and assured that she would distance herself from overseeing the contract, critics—including some lawmakers—expressed ethical concerns regarding the appropriateness of the arrangement. This incident was not an isolated occurrence; a similar issue had arisen during her previous tenure in Delaware, and in Texas, a 2018 audit criticized her for failing to disclose a conflict of interest related to a separate $4.4 million contract, which was subsequently canceled at a significant financial loss to the state.
Another contentious topic was Schwinn’s management of curriculum and educational policies, particularly concerning the controversial issue of critical race theory (CRT). In 2021, Tennessee enacted a law prohibiting certain concepts associated with CRT in K-12 education. Schwinn publicly pledged to enforce this legislation, asserting that local districts had autonomy over their curriculum choices.
Many critics, including parents and some groups, accused her of inadequately intervening to prevent the use of inappropriate materials, such as the "Wit & Wisdom" curriculum. In November 2019, the publishing company Houghton Mifflin Harcourt (HMH), a publisher of textbooks and educational materials, filed a lawsuit against the Tennessee Department of Education. Some opponents claimed that this curriculum promoted CRT ideas despite being approved with waivers for specific grades. Schwinn’s approach of defending local control while facing pressure from both sides dissatisfied many stakeholders.
During the COVID-19 pandemic, Schwinn proposed a child well-being check initiative to have social workers or educators reach out to students to monitor their mental and physical health amidst school closures. Although intended to support students, this initiative faced backlash from those who perceived it as an overreach by the government into family matters, further eroding trust among some segments of the Tennessee population. Our statewide tutoring program has produced inconsistent results but was a laudable goal during her tenure.
Schwinn's leadership faced scrutiny due to her 2023 overhaul of Tennessee's education funding, which shifted to a student-based model and secured new investments. While hailed as a success, concerns arose over local education agencies potentially needing to increase contributions once the three-year phase ends, as Senate Finance Chairman Bo Watson warned. Furthermore, the Tennessee Disability Coalition challenged the formula, claiming it could place disabled students in more restrictive environments and hinder their learning.
While some extolled her efforts to modernize the funding system, others criticized her for advancing initiatives like a no-bid $2.5 million contract with ClassWallet for a voucher program without adequate consultation with lawmakers or stakeholders. The high turnover rate within the Department of Education, with nearly one-fifth of employees leaving in her first nine months, further contributed to perceptions of instability during her tenure. Ultimately, her time in office concluded with polarized opinions.
Public sentiment regarding Schwinn is deeply divided. Her advocates commend her data-driven strategies and innovative programs, such as Tennessee's teacher apprenticeship initiative. Conversely, detractors accuse her of undermining parental rights and prioritizing personal or political agendas, doing favors for those with financial and political connections. There is truth in both positions.
Her nomination as Deputy Secretary of Education at the U.S. Department of Education in 2025 has reignited discussions about her legacy. Critics label her a “wolf in sheep’s clothing” concerning education reform, while some perceive her as a pragmatic leader capable of promoting equity. Schwinn graduated from the Chiefs for Change Future Chiefs leadership development program, which emphasizes diversity, equity, and inclusion. She asserts that her core values are grounded in principles of equity.
From 2019 to 2023, Schwinn, Tennessee's Commissioner of Education, focused on literacy and curriculum strategies to tackle longstanding educational challenges. While we supported her literacy efforts, we were concerned about her administration promoting specific curricula. In 2019, school district directors voiced concerns that the commissioner favored particular book selections.. The Tennessee Department also offered Wit & Wisdom supplements free to school districts under the guise of quality instructional materials.
Tennessee lawmakers questioned Commissioner Penny Schwinn about the Department of Education’s relationships with private companies regarding textbook adoptions and anticipated contracts worth millions of dollars under a significant literacy proposal. In response, the Legislature passed Public Chapter 770 in 2020, which removed the commissioner as a voting member of the Tennessee Textbook and Instructional Materials Quality Commission and eliminated their ability to grant waivers for unapproved books.
During the pandemic, Commissioner Schwinn faced significant backlash over her handling of educational policies, including the implementation of mask mandates and monthly child well-being checks, which critics viewed as intrusive measures infringing parental rights and leading to multiple lawsuits against her department.
The Senate and House Education Chairs in Tennessee requested an investigation into the Tennessee Department of Education's use of coronavirus relief funds and the voucher program for students with disabilities. Senator Dolores Gresham and Representative Mark White asked the chief internal investigator to look into concerns about the use of CARES funding and the Individualized Education Accounts program.
For many Tennessee lawmakers, parents, and educators, the Department of Education's continued closure while schools were pressured to reopen remains puzzling. Notably, Sophie Mann, a resident of Chicago, was appointed as the new Director of Accountability for Tennessee despite not even moving to the state. This raised questions about hiring practices, remote work policies, and whether employees are required to reside within the state.
Without prior consultation with stakeholders or policymakers, Commissioner Schwinn wanted changes to the Tennessee accountability model for students and teachers, which resulted in a forced meeting with Senate and House Education leaders and the State Board at the Capitol. She has seemingly abandoned that plan.
Outraged Tennessee lawmakers grilled state education officials about the department’s decision to award a $2.5 million non-compete contract to Florida-based vendor ClassWallet. Her use of no-bid contracts, particularly those involving companies linked to her husband, raised serious questions about transparency and potential conflicts of interest. Similar patterns had been flagged in a state audit during her previous tenure.
Despite the 2021 law prohibiting CRT, Schwinn was criticized for permitting curricula perceived as ideologically charged to remain in schools. Detractors claimed her enforcement of the ban was lax, allowing materials that conflicted with community values to persist unchallenged. Schwinn was critical of ‘distracting’ culture war politics.
Under Schwinn’s leadership, the Achievement School District (ASD) made little academic progress. It's a prime example of a failed school reform approach. Many people, me included, prefer more individualized intervention methods than those used by the ASD. State budget records show that over a billion dollars has been spent on the ASD, yet it has not improved student achievement in any subject or cohort. Most ASD schools have remained in the bottom five percent for over a decade, performing worse than their original local districts. This troubling legacy has drawn criticism from legislators across the political spectrum for years.
Although third-grade reading proficiency improved, broader national assessments, such as the NAEP, revealed that Tennessee's fourth graders struggled, with only about one-third achieving proficiency levels. This mixed performance prompted critics to question the effectiveness of her literacy initiatives.
Issues escalated for Schwinn in Tennessee when reports surfaced of an unusually high turnover rate at the Department of Education since her appointment. According to Chalkbeat, in November 2019, the agency experienced 250 departures, with a departure rate exceeding 19%. This is believed to be an understatement, as current estimates suggest that closer to one-third of employees may have left during their tenure, resulting in the loss of experience and institutional knowledge.
Legislators advocating for limited government in Tennessee scrutinized the increase in the number of chiefs and assistant commissioners within the Tennessee Department of Education during her tenure, which rose from 13 under the previous Commissioner of Education to approximately 23 during Schwinn’s leadership. Estimates indicate that the average salary for these positions exceeds $135,000 annually. While many lower-salaried roles were eliminated, the financial savings appeared to have been redirected towards higher salaries for newly titled staff, rather than benefiting taxpayers. Many lawmakers did not feel that service to districts, parents, and educators improved under Schwinn's leadership.
The COVID-19 crisis provided a reprieve for the beleaguered Commissioner, as scrutiny shifted from Tennessee’s handling of textbooks and contracts. Our criticism of Commissioner Schwinn has been mainly directed at her management of the pandemic, including delays in disseminating the state’s reopening plan, the failure to provide PPE and cleaning supplies to schools promptly, and the poorly conceived monthly well-being inspections that would further burden educators and expand government reach. This created widespread concern on both sides of the political aisle.
Many educators believe that the focus should have been on reopening the Department of Education before mandating in-person classes. There have been consistent questions about why public schools opened before the Department was operational and who made that decision.
Districts faced criticism for their reopening efforts due to a lack of state guidelines and transparent protocols for COVID-19 data. Educators needed strong leadership from the state, as the rollout of new programs under Commissioner Schwinn was problematic for residents and education stakeholders alike.
An investigation by The Daily Memphian uncovered that the Tennessee Department of Education collaborated with ILO Group, a politically connected company currently under FBI investigation due to a controversial contract with the Rhode Island state government. ILO Group assisted with the redesign of testing and accountability systems for the Tennessee Department of Education. Ian Round of The Daily Memphian examined ILO's involvement in Tennessee and its challenges in Rhode Island.
Penny Schwinn's tenure as Tennessee's Commissioner of Education was marked by reforms and controversies. Whether her tenure is viewed as a success or a failure depends primarily on one's perspective regarding education priorities, community values, and the role of government in schools. We also know there were and may be ongoing investigations of Tennessee by the US Department of Education during her tenure.
While we acknowledge Schwinn's determination in Tennessee, we are critical of her leadership. It appears that her goals do not align with the interests of parents, taxpayers, educators, or students. Ultimately, these conflicts may also extend to President Trump and the U.S. Congress.
Penny Schwinn has support from the Washington, D.C. education establishment, evident in the groups she associates with, various supporters, and the special interests that advocate for her. There is widespread distrust and concern across the political spectrum about her appointment to this position here in Tennessee. We have a far better understanding of her than those special interest groups do.
Conclusion
Schwinn's career path is riddled with controversies that demand meticulous examination prior to her potential confirmation as Deputy Secretary of Education. We advocate for an in-depth analysis of her past actions, urging the U.S. Senate Committee on Health, Education, Labor, and Pensions to thoroughly assess her candidacy rather than hastily endorsing her confirmation.
The Senate must weigh the profound implications of her leadership style and decision-making on the fabric of national education policy. The ongoing debates surrounding her appointment echo broader anxieties about effective leadership, transparent communication, and the essential prioritization of student needs within our education system. In light of these considerations, Schwinn should not be granted this pivotal position.
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JC Bowman is the executive director of Professional Educators of Tennessee.
