Some viewed the former Tennessee education commissioner as a bipartisan pick for the post, but past controversies followed her.
Penny Schwinn, during her Senate confirmation hearing in June, promised to ‘drive outcomes’ for students, whether or not the U.S. Department of Education shuts down. (U.S. Senate Photographic Services)
By Linda Jacobson – July 31, 2025
Penny Schwinn, in line to serve as second in command of the U.S. Department of Education, has withdrawn from the nomination, Education Secretary Linda McMahon announced Thursday.
Instead, the former Tennessee education commissioner will be a paid consultant for the department.
“I am grateful to Dr. Schwinn for her commitment to serving students, families, and educators across the nation,” McMahon said in a statement. “Penny is a brilliant education mind and I look forward to continuing working with her as my chief strategist to make education great again.”
Schwinn, in a statement, said she gave the decision “thoughtful consideration” and said she will “remain committed to protecting kids, raising achievement and expanding opportunity — my lifelong mission and north star.”
Considered a champion for improving reading outcomes and high-dosage tutoring, Schwinn was among President Donald Trump’s early picks for department posts. Many perceived her as a more bipartisan choice than others joining the administration, but among Tennessee conservatives, many who felt she was too liberal, opposition to her nomination was strong.
The timing of Schwinn’s withdrawal couldn’t be worse, according to some conservatives.
“Her decision to remove herself from consideration to become deputy secretary hurts students, educators, and the Trump administration,” said Jim Blew, co-founder of the Defense of Freedom Institute, a think tank. “Secretary McMahon has been charged by Congress and the president with huge tasks under the One Big Beautiful Bill and several urgent executive orders.”
As head of the Education Department, McMahon is striving to turn more authority over education to the states. It’s now unclear who will step into the deputy position and take the lead on the state’s requests for more flexibility over education funding. At least two states, Iowa and Oklahoma, have already submitted requests for block grants, and Indiana is currently gathering comments from the public in preparation for a similar proposal. Kirsten Baesler, North Dakota’s long-time education chief, is currently awaiting confirmation to be assistant secretary for elementary and secondary education at the department. In February, she joined 11 other GOP chiefs in asking McMahon for greater freedom to direct education funds toward state-level needs.
Controversies and questions over Schwinn’s conservative qualifications have followed her for years. Far-right groups, including Moms for Liberty, said her past support for equity initiatives, like hiring more teachers of color, was evidence that she was not a good fit for an administration determined to eliminate such programs. Others remained angry over Schwinn’s pandemic-era plan to conduct “well-being” home visits. Even though she scrapped the plan, parents and members of the legislature considered it an example of government overreach.
More recently, Steve Gill, a conservative commentator in Tennessee, reported that while she was deputy superintendent of the Texas Education Agency, Schwinn recommended individuals who advocate for comprehensive sex education, including abortion rights, to advise the state on health curriculum.
Gill told The 74 he shared his TriStar Daily article about her stance on these issues with Tennessee Sens. Marsha Blackburn and Bill Hagerty, as well as the state’s congressional delegation. Blackburn, who is expected to run for governor next year, was considered a possible no vote for Schwinn.
Blackburn’s office acknowledged, on background, that the senator “has been working tirelessly behind the scenes with the White House, Secretary Linda McMahon and Majority Leader [John] Thune to block the confirmation.”
But Madi Biedermann, spokeswoman for the department, said the agency “strongly disagrees with that characterization.”
Republican Sen. Marsha Blackburn from Tennessee was expected to vote no on Penny Schwinn’s confirmation. (Anna Moneymaker/Getty Images)
Blew said it’s unfortunate that politics got in the way, noting that Schwinn’s experience in both blue and red states would have brought valuable expertise to the Ed Department role. In addition to her jobs in Tennessee and Texas, Schwinn founded a charter school in Sacramento and also served in the Delaware Department of Education.
“It’s sad that a handful of demagogues are standing in the way of giving Secretary McMahon the team she needs to succeed,” he said.
Others praised Schwinn’s record of prioritizing the science of reading in Tennessee schools and directing COVID relief funds toward tutoring.
“This is a setback for all who want to see Washington slashing red tape, advancing literacy and fighting for common sense values,” said Rick Hess, director of education policy studies at the conservative American Enterprise Institute.
For some critics, Schwinn’s business ventures since leaving the top spot in Tennessee two years ago raised questions as she waited to appear before the Senate education committee.
In June, a day ahead of her joint hearing with three other nominees, The 74 reported that shortly after Trump tapped her for the job, she registered a new education consulting business in Florida, New Horizon BluePrint Group, with a longtime colleague. Before Schwinn filed ethics paperwork with the federal government, her sister replaced her as a manager on the business.
When a reporter from The 74 asked questions about the new project, Donald Fennoy, her colleague and a former superintendent of the Palm Beach County School District, dissolved the business.
Ethics experts say candidates for an administration post often distance themselves from new business entanglements to avoid any appearance of a conflict, but Schwinn has faced accusations of poor judgment before.
While she was in Texas, the state agency signed a $4.4 million no-bid contract in 2017 with a software company where she had a “professional relationship” with a subcontractor, according to a state audit. And in Tennessee, the education agency made an $8 million deal in 2021 with TNTP, a teacher training organization where her husband Paul Schwinn was employed at the time. Lawmakers considered the deal a “huge conflict.”
“Ethics was a crucial concern,” said J.C. Bowman, executive director and CEO of Professional Educators of Tennessee, a non-union organization. He was among those who sent letters to the Senate, asking them to remove her from consideration. “Her personal business interests and possible conflicts could potentially influence educational decisions in ways that many found difficult to overlook.”
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