U.S. Department of Education

On November 15, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) released new civil rights data from the 2020-2021 school year, as well as seven data reports and snapshots which provide an overview of that data. OCR also launched a redesigned Civil Rights Data Collection (“CRDC”) website that includes public-use data files, reports, and snapshots, which school districts can use to review their own and other districts’ data, available here.Continue Reading Civil Rights Data on Students’ Access to Educational Opportunities During the Pandemic Released by U.S. Department of Education

The Biden Administration has made concentrated efforts to address the rise in reports of antisemitic, Islamophobic, and other hate-based or bias-based incidents in schools and on college campuses since the beginning of the Israel-Hamas conflict. On November 7, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) issued a Dear Colleague Letter reminding schools of their legal obligations under Title VI of the Civil Rights Act of 1964 (“Title VI”) to provide all students with a school environment free from discrimination based on race, color, or national origin.Continue Reading U.S. Department of Education Guidance and Resources about Addressing Discrimination and Harassment on the Basis of National Origin

On April 6, 2023, the U.S. Department of Education released a notice of proposed rulemaking (NPRM), which was published in the Federal Register on April 13, 2023, on athletic eligibility under Title IX. The express aim of the proposed rule is to advance Title IX’s goal of ensuring equal opportunity in athletics. While working with stakeholders to develop the proposed rule, the department learned that there is uncertainty about when and how students who identify as transgender can participate in school-sponsored sports, and the proposed rule seeks to provide clarity for students, parents, and schools. The department provided a fact sheet highlighting key aspects of the proposed rule, which are summarized below.Continue Reading Highlights from the Department’s Notice of Proposed Rulemaking Concerning Athletic Eligibility

On May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which have a significant impact on schools all across the country—both K-12 and higher education institutions. This post identifies some of the key differences between requirements for K-12 and higher education institutions, as provided in the final regulations and related comments from the Department.

Interested in learning more? Join us December 3 and 4, 2020, for two half-day training sessions on Sexual Harassment and Sexual Assault in K-12 Schools – Title IX Compliance and Response to New Regulations. Register here.
Continue Reading K-12 Education v. Higher Education in Title IX Compliance: 2020 Regulations

On this day in 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law and on May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which will have a significant impact on schools all across the country. This post identifies some of the key takeaways from the final regulations and related comments from the Department. Below are hyperlinks to the high-level conceptual elements and requirements regarding the process from the regulations.
Continue Reading Title IX: Takeaways from Final Regulations and Comments from the Department

The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our entire Education team is continually monitoring and responding to federal and state guidance on this issue. We have various resources ready to assist you immediately.  We discuss those resources below and assure you that we will keep them updated as new guidance is issued as the situation evolves.

Executive Action

In response to the extraordinary public health threat posed by COVID-19, President Donald J. Trump declared a national emergency on March 13, 2020.
Continue Reading Federal COVID-19 Resources for Education Institutions

President Trump and U.S. Department of Education (ED) Secretary DeVos have consistently emphasized and promoted the idea of “local control” in education. However, what does local control really mean? Power to the states? Power to the local school boards? Until now, many have believed that local control applied to all non-federal government involvement in education. The question continues to loom regarding the power struggle and what to do when the state government is in conflict with school boards and school districts.
Continue Reading The Locus of Local Control: What Do Politicians Mean by Local Control in Education?

The President’s Office of Management and Budget (OMB) released: America First: A Budget Blueprint to Make America Great Again. The Budget Blueprint provides an overview of the President’s budget priorities for fiscal year 2018.

With respect to education overall, the Budget Blueprint proposes $59 billion in funding for the U.S. Department of Education (ED). This would represent a $9 billion (or 13%) reduction from the current funding level. Among the few proposed increases in the face of such massive cuts are measures to promote school choice at the K-12 level.Continue Reading How Does President Trump’s Budget Blueprint Propose to Impact K-12 Education?

Yesterday, the U.S. Senate, by a narrow vote of 51-50, confirmed President Trump’s nomination for Secretary of the U.S. Department of Education, Betsy DeVos.  Initially, the vote was a 50-50 tie.  All 48 Democratic Senators opposed the nomination, and two Republican Senators, Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) who both sit on the Senate Health, Education, Labor and Pensions Committee, joined the opposition.  However, Vice President Michael Pence, as President of the Senate, came to DeVos’ rescue and cast the tie-breaking vote in favor of her nomination.  This was the first time a cabinet level nominee was confirmed by the vote of the Vice President.
Continue Reading VP Pence Swoops in to Break Tie in DeVos Confirmation

On October 18, 2016, a federal magistrate judge in Illinois issued a recommendation that the Federal District Court deny a motion seeking to deny a transgender

student access to the girl’s locker room.  The School District’s 2013 policy gave transgender students access to whichever restroom facilities most aligned with their gender identity, but did not extend that access to locker rooms.  A transgender student, who identifies as female, filed an administrative complaint alleging Title IX violations with the U.S. Department of Education’s (ED) Office for Civil Rights resulting in a resolution agreement called the “Locker Room Agreement.”  This agreement entitled only this particular student to use the girl’s locker room and also included measures for all students to maintain their privacy.
Continue Reading Redefining Sex: Illinois Magistrate Makes Recommendation to Protect School’s Balanced Transgender Locker Room Policy