school rules

Yes, Congress scrapped Obama-era education rules. But states say little is changing

PHOTO: U.S. Department of Education
U.S. Education Secretary Betsy DeVos speaking to the Council of Great City Schools this week.

Last week’s headlines were dramatic: “Obama education rules are swept aside by Congress.” “Senate dumps Obama rule for holding schools accountable.”

You might think that education officials across the country were scrambling to respond to the changes. But in many of the state education departments that are responsible for turning federal rules into local policies, it’s business as usual.

“Our state plan will not be impacted,” Tennessee Education Commissioner Candice McQueen said in a statement. Her counterpart in New York, MaryEllen Elia, said it won’t require big changes. So did schools chiefs across the country, from Oklahoma to Rhode Island.

That’s because the rolled-back regulations — which included some guidelines for how states should help low-performing schools and deal with districts where many students opt out of state tests — were not actually written into the federal education law, known as the Every Student Succeeds Act. Instead, the Obama administration issued them last year in an effort to safeguard its education approach.

States are currently locked in a process of translating federal regulations into their own plans. The first deadline to do that is next month, and the expectation that a new administration would reconsider the Obama-era regulations gave state officials little reason to take the now-rolled-back rules into account.

“We have intentionally drafted our ESSA plan in alignment with the language in the statute itself, not with the language of the regulation,” McQueen said.

“We’ve been directed to focus on the statute part of ESSA, and not the rule-making process,” said Indiana’s schools chief, Jennifer McCormick. “With community and stakeholder input, we will craft our accountability rules in relation to the ESSA statute section we’ve been directed to follow.”

A new guidebook from the U.S. Education Department out this week offers a clearer picture of what’s changing — and at the top of the list is a requirement for states to get input from community members. Now, states don’t have to get feedback, though they can if they want to.

“Eliminating the requirement for public input is the perfect illustration of the Trump administration’s attempt to shutter transparency and remove the public from policy making,” said Jared Polis, the lead Democrat on the House’s Early Childhood, Elementary and Secondary Education subcommittee. “Fortunately, states like Colorado have already undergone an extensive stakeholder engagement process to include diverse points of view in their state plan.”

States are unlikely to scrap efforts to solicit public feedback. Many have already concluded engagement meetings — Colorado held more than 180 — or already have them on the calendar. New York, for example, launches a round of meetings next week.

Even though the rule change isn’t making waves at state education departments, advocates are still paying close attention to what it might augur for the Trump administration’s education agenda. So far, President Trump has rolled back protections for transgender students and asked Congress to craft a bill to expand school choice — with more details expected in his first budget proposal this week.

Advocates see the ESSA rule reversal as part of a broader shift against holding states accountable for reaching all students.

“I am highly disappointed that Congress has weakened legislation by removing rules to protect marginalized students,” Los Angeles teacher Misti Kemmer said in a statement issued by Educators 4 Excellence, a teacher advocacy group. “I sincerely hope that state leaders will remember our traditionally underserved students as we move forward with state ESSA plans.”

the secretary speaks

In departure from Trump, Betsy DeVos calls out ‘racist bigots’ in Charlottesville

PHOTO: U.S. Department of Education
U.S. Education Secretary Betsy DeVos.

U.S. Education Secretary Betsy DeVos condemned “white nationalists, neo-Nazis and other racist bigots” in an email to her staff Thursday — without mentioning President Trump, whose equivocal stance on the racist violence in Charlottesville last weekend has drawn widespread criticism.

“While we should be anticipating and celebrating students’ returns to campuses across the country, we are engaged in a national discussion that has stirred ugly, hate-filled conversations and reopened hurtful wounds from shameful portions of our nation’s past,” DeVos wrote.

The letter was more pointed — describing the racist views as “cowardly, hateful and just plain wrong” — than DeVos’ initial tweets on the events. She has been silent since those posts until now.

 

In her email to staff, she emphasized that individuals, and schools, had a part in combating hatred.

“We can all play a role. Mentor a student. Volunteer at a school. Lend a helping hand and offer a listening ear,” she wrote.

But DeVos did not specify what role, if any, the department’s policymaking would play. She has received persistent criticism from civil rights groups for proposed federal budget cuts, her stance on discrimination of LGBT students, and her appointment to head the Office of Civil Rights. (DeVos specifically notes that, “Our Department, and particularly the Office for Civil Rights, exists to ensure all students have equal access to a safe, nurturing, quality learning environment free from discrimination or intimidation.”)

Meanwhile, criticism of Trump and Devos from education advocates has intensified in recent days.

New York City charter school leader Eva Moskowitz — who was initially considered for the job DeVos now holds, and who led Ivanka Trump on a school tour — released a strongly worded letter condemning the Trump administration (though she did not mention DeVos). On Twitter, Kevin Huffman, the charter-friendly former Tennessee education commissioner, called on DeVos to resign, saying, “It is not viable to serve all kids under a POTUS who defends and encourages white supremacy.”

This is on top of persistent hostility from many left-of-center charter advocates, including one of DeVos’s predecessors, Arne Duncan, who called bumps in federal spending for charters “blood money” if they came alongside to Trump’s proposed cuts to education.

The note was sent to staff, rather than posted as a press release. DeVos has not been shy in the past about weighing in on topics beyond education — she quickly issued a statement praising Trump’s decision to leave the Paris climate change agreement, for example.

Here’s the text of her letter:

Team,

I write today with a heavy heart for our country. While we should be anticipating and celebrating students’ returns to campuses across the country, we are engaged in a national discussion that has stirred ugly, hate-filled conversations and reopened hurtful wounds from shameful portions of our nation’s past.

There is fear, pain, anger, disappointment, discouragement and embarrassment across America, and I know, too, here within the Department.

Last weekend’s tragic and unthinkable events in Charlottesville, which stole three innocent lives and injured many more, were wholly unacceptable. The views of white nationalists, neo-Nazis and other racist bigots are totally abhorrent to the American ideal. We all have a role to play in rejecting views that pit one group of people against another. Such views are cowardly, hateful and just plain wrong.

This is what makes our work so important. Our Department, and particularly the Office for Civil Rights, exists to ensure all students have equal access to a safe, nurturing, quality learning environment free from discrimination or intimidation.

Our own difficult history reminds us that we must confront, head-on, problems when and where they exist with moral clarity and conviction. Our nation is greater than what it has shown in recent days.

Violence and hate will never be the answer. We must engage, debate and educate. We must remind all what it means to be an American, and while far from perfect, we must never lose sight that America still stands as the brightest beacon for freedom in the world.

My hope is that we will use this as an opportunity to show that what unites and holds America together is far stronger than what seeks to divide and draw us apart. We can all play a role. Mentor a student. Volunteer at a school. Lend a helping hand and offer a listening ear.

Our work is truly the bridge to a stronger future. Let’s recommit ourselves to ensuring the future is brighter for all.

Betsy

choice for most

Chalkbeat explains: When can private schools discriminate against students?

PHOTO: Julia Donheiser

Over $16 million of public funds went to Indiana private schools with anti-LGBT policies last year, a recent Chalkbeat investigation found.

You might be asking: Is it legal to discriminate against those students?

The answer is yes, and that’s become a focus of the national debate about school choice. (U.S. Education Secretary Betsy DeVos fanned the flames on this one when she offered ambiguous answers about whether all students would be welcome in schools that participated in a potential national voucher program.)

But the rules are tricky when it comes to private schools, especially religious ones. Here’s your guide to understanding when, why and how private schools can say no to certain students.

Are there laws in place that prevent discrimination against LGBT students?

There is no federal legislation explicitly protecting LGBT students from discrimination in schools. That means when it comes to gender and sexuality, Title IX of the Civil Rights Act — which prohibits discrimination on the basis of sex — is the main piece of legislation in play.

Title IX applies to private schools that accept federal funds — and many private schools do, usually through school breakfast or lunch programs, grants, or funding for low-income students.

However, some schools qualify for exemptions. All-boys or all-girls schools are allowed to restrict their admissions accordingly, for example.

Most important to the discussion of LGBT students: Private schools run by religious organizations are exempt “to the extent that application of Title IX would be inconsistent with the religious tenets of the organization.” A majority of private schools in the U.S. are religious, which means that most private schools are free to discriminate against LGBT students on religious grounds.

In Indiana, Chalkbeat found that at least 27 schools that accept vouchers have policies that suggest or declare that LGBT students are unwelcome.

What about private schools that aren’t religious?

At non-religious private schools, Title IX’s nondiscrimination rules do apply. But a change in interpretation means the law offers fewer protections to transgender students than it has in the past.

Under the Obama administration, the ban on discriminating on the basis of sex was interpreted as related either to biological sex or to gender identity. However, the Trump administration rescinded guidance on that front — meaning the federal government considers Title IX to only bar discrimination based on a student’s biological sex.

Do any states have laws that prevent discrimination against LGBT students?

Many states have implemented their own nondiscrimination policies regarding sexual orientation and gender identity — in the world of public education. But no voucher programs have such policies in place, research shows.

As a result, private schools are free to turn away LGBT students while still receiving public funding for accepting vouchers.

What about other forms of discrimination?

Private schools can’t discriminate on the basis of race if they want tax-exempt status. The executive director of the Council for American Private Education, Joe McTighe, said he wasn’t “familiar with any nonprofit private schools that elect against tax-exempt status.”

If private schools accept federal funds, they are also bound to Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color or national origin.

When it comes to students with disabilities, private schools have more leeway to turn students away.

This is partly because students who choose to attend a private school — including through a voucher program — forfeit their right to a “free appropriate public education” that they are otherwise guaranteed by the Individuals with Disabilities Education Act.

Another law, the Americans with Disabilities Act, bars discrimination on the basis of disability and requires private schools to accept students so long as only “minor adjustments” are needed to accommodate them. But it exempts religiously run private schools.

Under a third law, Section 504 of the Rehabilitation Act, those protections apply to religious schools, too — if the school receives federal funds.