ED Review (06/24/22)

June 24, 2022

TITLE IX AMENDMENTS

 

Yesterday, on the 50th anniversary of the landmark legislation that has opened doors for generations of women and girls, the Department released for public comment proposed amendments to the regulations implementing Title IX of the Education Amendments of 1972.  These changes would restore crucial protections for students who are victims of sexual harassment, sexual assault, and sex-based discrimination.  They would also advance educational equity and opportunity for women and girls across the country so that every student -- from kindergarten through doctorate degree -- can achieve his or her dreams (Department’s Twitter thread). 

“Over the last 50 years, Title IX has paved the way for millions of women and girls to access equal opportunity in our nation’s schools and has been instrumental in combatting sexual assault and sexual violence in educational settings,” explained Secretary Cardona.  “[O]ur proposed changes will allow us to continue that progress and ensure that all our nation’s students -- no matter where they live, who they are, or whom they love -- can learn, grow, and thrive in school.  We welcome public comment on these regulations so we can further the Biden Administration’s mission of creating educational environments free from sex discrimination and sexual violence” (see also the Secretary’s remarks to the media upon the release). 

The proposed amendments aim to ensure that no person experiences sex discrimination in education, that all students receive appropriate support as needed to access educational opportunities, and that school procedures for investigating and resolving complaints of sex-based discrimination, including sexual violence, are fair to all involved.  They would also clarify Title IX’s coverage of discrimination based on sexual orientation and gender identity, as well as sex stereotypes, sex characteristics, and pregnancy or related conditions. 

The Department will engage in a separate rulemaking to address Title IX’s application to athletics. 

The Department’s comprehensive review of the Title IX regulations began in March 2021, as directed by Executive Order 14021, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.”  Over the last year, the agency has heard from a variety of stakeholders through the nationwide virtual public hearing in June 2021 convened by the Office for Civil Rights (OCR) and in listening sessions and meetings.  This input, together with careful review of federal case law and OCR’s enforcement work under Title IX, underscored the need to revise the regulations to more fully protect against sex discrimination in all education programs and activities receiving federal financial assistance. 

The proposed amendments will be open for public comment for 60 days from the date of publication in the Federal Register.  (Note: Additional information, including a fact sheet and summary of major provisions, is available from OCR’s News Room.) 

In related news:

• To help prepare to celebrate the anniversary, a Department video shares five ways the law has created opportunity in education for millions of women and girls.
• On June 15, ESPN interviewed Secretary Cardona about the history of the law, its current impact, and the challenges ahead.
• On June 22, the Department and the Women’s Sports Foundation hosted a Title IX 50th Anniversary Field Day for Washington, D.C.- and Baltimore-area students to get active, try new sports, hear from champion athletes and leaders, and learn how Title IX impacts their lives (photos).
• To mark Pride Month, President Biden signed an Executive Order, “Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals,” and welcomed LGBTQI+ families, advocates, and leaders to the White House for a reception (President’s remarks and White House fact sheet).
• The Administration also launched a White House Task Force to Address Online Harassment and Abuse, which will hold stakeholder roundtables and provide a blueprint for action within 180 days (Vice President Harris’ remarks and White House fact sheet and readout). 

ADDRESSING GUN VIOLENCE

 

Last week, in response to the tragic mass shooting at Robb Elementary School, the Department distributed a $1.5 million federal grant to the Uvalde Consolidated Independent School District (UCISD) in Texas.  The proactive release of Project SERV [School Emergency Response to Violence] funds reflects the extraordinary and immediate needs facing UCISD and follows Secretary Cardona’s visit to the district on May 31 and June 1.  Project SERV funds may be used for activities that help restore a sense of safety and security for the district’s students, teachers, staff, and families and address specific needs of those individuals directly affected by the shooting.  Such activities include mental health services for students and staff and overtime pay for teachers, counselors, and security staff and may take place over the summer in the form of additional summer programming.  While these funds may be used for a one-year period, the Department stands ready to provide further, longer-term assistance as requested (Secretary’s tweet and an explanatory video). 

Meanwhile, the Secretary discussed the Administration’s response to Uvalde on ABC’s “The View” and “Good Morning America.” 

And, Deputy Secretary of Education Cindy Marten met with representatives from March for Our Lives. 

PARENTS AND FAMILIES COUNCIL

 

Also last week, the Department launched the National Parents and Families Engagement Council to facilitate strong and effective relationships between schools and parents, families, and caregivers.  The council consists of representatives from national organizations that will work with the agency to identify constructive ways to help families engage at the local level.  It will be a channel for parents and families to participate in their children’s education, by helping them understand the rights they have, create a feedback loop with schools to shape how American Rescue Plan (ARP) funding is deployed to meet students’ needs, and identify summer learning and enrichment opportunities for children within their communities.

 

In the coming weeks, the council will meet to discuss how children are recovering from the impacts of the pandemic; the different ways that schools are providing academic, mental health, and social and emotional support; and how they might best engage with schools.  In the coming months, the council will hold local listening sessions with parents, families, educators, and other school community members to better understand the needs of students as they start the 2022-23 school year.

 

Separately, both First Lady Dr. Jill Biden and Secretary Cardona addressed the National Parent Teacher Association’s 125th Anniversary Convention. 

TRAVEL LOG 

On June 21, Secretary Cardona traveled to Atlanta to engage with students, policymakers, and career and technical education stakeholders.  First, he joined Atlanta Mayor Andre Dickens and local officials for a tour of the Martin Luther King, Jr., Recreation and Aquatic Center, which provides academic and fitness opportunities for children in the area.  There, they met with participants of the Atlanta Teen Leaders Girls Empowerment Academy (photos and video).  Then, the Secretary spoke at the opening ceremony of the SkillsUSA National Leadership and Skills Conference.  This conference is a showcase of career and technical education students. 

On June 23, the Secretary traveled to Chicago to participate in the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics’ Latino Economic Summit at Malcolm X College (photos) and address the National Association of Latino Elected and Appointed Officials’ (NALEO) Annual Conference. 

Furthermore, Deputy Secretary Marten continued her #ARPStars tour in Columbus, Ohio. 

COVID-19 INFORMATION 

Over the weekend, the Centers for Disease Control and Prevention (CDC) recommended that all children six months through five years of age should receive a COVID-19 vaccine.  This expands eligibility for vaccination to nearly 20 million additional children and means all Americans ages six months and older are eligible for vaccination.  Parents and caregivers may get their children vaccinated with either the Pfizer-BioNTech or Moderna vaccines (President Biden’s statement and Secretary Cardona’s statement). 

Distribution of vaccinations for younger children has started across the country and will be available at thousands of pediatric practices, pharmacies, Federally Qualified Health Centers, local health departments, clinics, and other locations (White House fact sheet). 

The Departments of Education and Health and Human Services also issued a Dear Colleague Letter with four recommendations to equitably support the mental health and social-emotional development of young children. 

ODDS AND ENDS 

• The White House issued proclamations for the Juneteenth Day of Observance and Father’s Day, while Secretary Cardona tweeted about both holidays (1 and 2).
• Another White House proclamation recognizes the 50th anniversary of the federal Pell Grant program.
• On June 15, the 10th anniversary of the Deferred Action for Childhood Arrivals (DACA) policy, the Administration celebrated the remarkable contributions of Dreamers and reaffirmed its commitment to preserving DACA (White House fact sheet, President Biden’s video, and Secretary Cardona’s statement).
• On June 17, the Administration launched the Talent Pipeline Challenge, to help employers build education and training partnerships to connect American workers to good jobs rebuilding infrastructure, manufacturing, and supply chains.
• The Environmental Protection Agency (EPA) recently launched the Clean School Bus Rebate Competition -- the first funding opportunity under the Bipartisan Infrastructure Law’s $5 billion investment in clean school buses over the next five years.  School districts and other eligible entities are encouraged to apply (by August 19) to receive significant funding to cover the costs of electric and low-emission school buses.  The program will also provide funding for electric charging infrastructure.
• A Homeroom blog outlines how some federal agencies are stepping up to close the digital divide.
• #InnovatED is an in-depth look at how schools are evolving to meet the needs of students -- see the premiere video featuring the Montclair State University’s Red Hawks Rising Teacher Academy.
• See also two new videos highlighting successful practices of National Blue Ribbon School awarded-schools: Henry Ford Early College in Dearborn, Michigan, and Meeting Street Academy in Spartanburg, South Carolina.
• Congratulations to this year’s National Teacher Hall of Fame honorees!
• The White House Initiative on Educational Equity, Excellence, and Economic Opportunity through Historically Black Colleges and Universities announced its ninth cohort of HBCU Scholars, honoring 86 undergraduate, graduate, and professional students.
• The Secretary proudly joined the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities’ National Urban Indigenous Education Policy Summit.
• The Secretary also issued a statement regarding the June 22 settlement filing for Sweet v. Cardona.
• The National Center for Education Statistics (NCES) released some 110 data tables for the “Digest of Education Statistics 2021,” a comprehensive statistical reference for all levels of education in the U.S.
• The Administration’s Unified Agenda of Regulatory and Deregulatory Actions details the actions that administrative agencies plan to issue in the near and long term.
• By July 6, nominate yourself or a colleague to update the National Assessment of Educational Progress (NAEP) Science Assessment Framework for 2028 and beyond. 

QUOTE TO NOTE 

“It’s frustrating how, at a time where our educators are being asked to do so much more, that we think that [arming them] is a viable solution.  It clearly shows people don’t talk to educators when they come up with these proposals.  I can list a number of reasons why that is actually less safe.  So, for me, it’s really about making sure we’re listening to our educators, doing sensible legislation to protect our communities.  And it’s not only schools.  We’re not going to be arming every cashier in our supermarkets [or] every…faith leader in our churches….  Safe campuses are critically important.  As a father, there’s nothing more important to me….  But outlandish proposals that do more to get people in the spotlight just hurt the conversation.” 

-- Secretary of Education Miguel Cardona (6/13/22), discussing gun violence on “Good Morning America.” 

UPCOMING EVENTS 

The 2022 Federal Student Aid (FSA) Training Conference for Financial Aid Professionals (November 29-December 1) will be delivered virtually, with dynamic keynote addresses, engaging general forums, and informative breakout sessions. 

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