Department of Education

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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.

Following the school shootings at Marjory Stoneman and Santa Fe High Schools, President Trump established an executive Commission on School Safety. The Commission’s members were Betsy DeVos, U.S. Secretary of Education, Kirstjen Nelson, Secretary of Homeland Security, Alex Azar II, Secretary of Health and Human Services, and Matthew Whitaker, Acting Attorney General. The Commission was charged with producing policy recommendations in an effort to help prevent future tragedies. After conducting field visits, listening sessions, and meeting with state and local leaders, the Commission issued a report calling for, among other things, “more threads of love, empathy, and connection” in our country’s “moral fabric.”

The report covers a host of school safety topics, including proposed best practices for improving school climate, increasing access to school-based mental health services, coordinating with the media in reporting safety breaches, and school discipline. The report also recommends improving and increasing school safety training, including modules on active shooter preparedness.

On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents.  Sixty-three of the documents are from the Office of Special Education Programs (OSEP), which administers the Individuals with Disabilities Education Act (IDEA) and provides guidance to states and local governments on how to provide free and appropriate public education to children with disabilities.  The remaining nine documents are from the Rehabilitation Services Administration (RSA), which assists individuals with disabilities in employment, independence, and community integration matters.  The OSEP documents concern topics including special education funding, due process procedures, private school placements, and more.  By contrast, the RSA documents primarily concern employment issues and centers of independent living for adults with disabilities.

The Supreme Court of the United States somewhat unexpectedly agreed on Oct. 28, 2016, to take on the question of whether Title IX requires public school districts to allow transgender students to use single-sex restrooms corresponding to their gender identity rather than that of their birth sex. The issue has generated widespread controversy between the…