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Politico
03-03-2025
- Politics
- Politico
Education Department clarifies DEI guidance
Presented by the Coalition to Empower Our Future With help from Rebecca Carballo and Erin Schumaker HEDGING A BIT — The Education Department late Friday unveiled a new document that appears to soften the agency's stance on programs it could deem illegal after firing off a letter two weeks ago that threatened to pull federal funding from schools with diversity, equity and inclusion initiatives. — The Education Department's Office for Civil Rights Dear Colleague letter told Pre-K to higher education leaders it was illegal to consider race in all aspects of student, academic and campus life. The letter also gave them just two weeks to examine their programs that could face scrutiny. The agency also launched an 'End DEI' hotline last week to encourage the public to report school programs they believe are discriminatory. — Friday's question-and-answer document seems to be a little less sweeping than the initial guidance. The department acknowledged that is cannot control the content of school curricula and the agency said the letter does not direct schools to restrict any First Amendment rights. — Department officials said schools with programs 'focused on interests in particular cultures, heritages, and areas of the world' are not illegal if they are open to all students regardless of race. This includes celebrations like Black History Month, International Holocaust Remembrance Day or similar events, the agency said, 'so long as they do not engage in racial exclusion or discrimination.' — But schools cannot have affinity graduation ceremonies, administer or advertise scholarships and other opportunities offered by third parties based on race, or craft admissions essay prompts to require applicants to disclose their race. — The agency also said whether a school policy or program violates the law 'does not depend on the use of specific terminology such as 'diversity,' 'equity' or 'inclusion.'' Several school districts and colleges have been moving to remove the terms from their policies or scrubbing their websites. But the Education Department also said some schools have 'sought to veil discriminatory policies with terms like 'social-emotional learning' or 'culturally responsive.'' The Education Department said it would continue to update its document. IT'S MONDAY, MARCH 3. WELCOME TO WEEKLY EDUCATION. Let's grab coffee. Drop me a line at bquilantan@ Send tips to my colleagues Rebecca Carballo at rcarballo@ Mackenzie Wilkes at mwilkes@ and Juan Perez Jr. at jperez@ And follow us: @Morning_Edu and @POLITICOPro. Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories. Congress BIG VOTE AHEAD — Senators are poised to vote today on whether to confirm Linda McMahon to be President Donald Trump's Education secretary. She cleared a key procedural vote last week that advanced her nomination without the support of any Democrats. — McMahon will likely be confirmed by another party-line vote. But many are bracing for what will come after the vote. The fierce Trump loyalist has promised to carry out the president's agenda, including his request that she put herself out of a job by shutting down the Education Department. The Trump administration has also been working on finalizing plans to dismantle the agency through an executive order. — While Trump has been vocal about closing the department and his executive order plans have been widely reported on, many believe the administration has been waiting for McMahon to be confirmed before unveiling it. There were concerns that the order could have put McMahon in a difficult position to answer questions about the president's agenda. — The order is expected to lay out a two-part strategy for shuttering the agency. It would direct the department to craft a plan to wind down its functions using its existing administrative authority and then examine the set of laws needed to delegate the department's powers to other agencies. Then the agency would close. — But Trump and McMahon need congressional buy-in to shutter the department and reshuffle its core functions. McMahon, during her confirmation hearing with the Senate HELP Committee last month, said Congress would be involved in decisions about the Education Department's future. ALSO: Senate Majority Leader John Thune filed cloture on S. 9, the 'Protection of Women and Girls in Sports Act,' teeing up an initial floor vote as soon as today. The bill seeks to restrict transgender athletes from competing on women's and girls' sports teams. In January, House lawmakers passed a similar measure, H.R. 28, with some Democrats joining Republicans in the vote. Higher Ed A LONG NIH FUNDING BATTLE AHEAD — A federal court has temporarily blocked the across-the-board cut Trump wants to make to how the National Institutes of Health pays for universities' 'indirect costs,' such as facilities and administration. But even if the courts reject the plan, Trump could turn to Plan B — renegotiating the payments one university at a time, POLITICO'S Erin Schumaker reports. — That would seemingly make institutions that command the highest amounts most vulnerable. At stake is $4 billion, a shortfall the universities say would devastate the nation's scientific enterprise. The indirect funding, which is added to health research grants to help universities and other grantees cover their overhead, adds an average 27 percent to the cost of a grant, but varies widely. In early February, the NIH announced it would cap fees for new and existing grants at 15 percent. — Top research universities like Harvard, Yale and Johns Hopkins command some of the highest indirect cost rates, in part because they have specialized and state-of-the-art equipment, which is expensive. But a reduction in reimbursements will hit research universities in rural red states and urban blue ones alike. Less well-funded universities could feel the sting more than wealthy ones, even if their rates aren't slashed as much. Teacher Unions AFT's DAY OF ACTION — American Federation of Teachers President Randi Weingarten along with educators, students and activists across the country will hold a press conference Tuesday to kick off more than 100 'Protect Our Kids Day of Action' events. The group is rallying against the Trump administration's efforts to wind down the Education Department, which they say could especially hurt low-income children, kids with disabilities and first-generation college students. In the Courts TITLE IX RULE FIGHT CONTINUES — The Victim Rights Law Center and 'Jane Doe,' a college student who has an ongoing Title IX investigation, are seeking to intervene in a case that blocked the Biden administration's 2024 rule on Title IX, the federal education law that bars sex-based discrimination. Their goal is to appeal the case, at least narrow the scope of the ruling and uphold the parts of the Biden administration's rule that oversaw sexual misconduct procedures. — In January, a federal judge in Kentucky vacated the Biden administration's rule nationwide. Since then, the Trump administration has already advised schools the Education Department will return to enforcing Title IX on the basis of biological sex. —The agency also said it will enforce the 2020 regulation from the first Trump administration that overhauled how schools handle sexual misconduct allegations, offered new rights to those accused of misconduct and required colleges to respond to formal complaints with courtroom-like hearings. — 'Reversion to the 2020 Rule once again removes protections against sex-based harassment and imposes disproportionate burdens on survivors,' lawyers wrote in the motion to intervene in the case. 'It reduces schools' responsibility to respond to sex-based harassment—in some cases requiring schools not to respond at all.' DOGE WATCH $25K TO GO AWAY — The Education Department is offering a buyout of up to $25,000 to most of its employees, according to a department-wide email sent Friday. Employees have until today at 11:59 p.m. to make a decision, our Rebecca Carballo reports. The deal comes after the Trump administration ordered federal agencies to submit plans by mid-March for laying off employees in 'large-scale reductions in force.' — Those who take the offer can stack it with retirement benefits. They will receive the equivalence of severance pay or $25,000, whichever is less, Jacqueline Clay, a chief human capital officer, wrote in an email sent on Friday afternoon. The offer would take effect March 31. Student Loans DISMISSED — Former Consumer Financial Protection Bureau staff are raising the alarm after the Trump administration dropped several lawsuits that accused student loan companies and other lenders of violating consumer protection laws. — One of the cases dropped was against the Pennsylvania Higher Education Assistance Agency, which was accused of illegally collecting on student debt that was discharged in bankruptcy and reporting to credit agencies that borrowers weren't making payments. Others dismissed included cases against Capital One and Heights Finance. — 'These six cases are just the beginning,' said Eric Halperin, a former CFPB associate director for enforcement during the Obama administration. 'The Trump led CFPB is intent on shutting down virtually all enforcement activity and has sent a clear message that its open season on consumers.' Syllabus — It could be months before affordable student loan repayment plans return: The Washington Post— After monthlong pause, Trump admin resumes investigating disability complaints at schools: USA Today— America's college chaos: Axios— Iowa governor signs law removing civil rights protections for transgender Iowans: Iowa Public Radio— Professor, scrutinized for ties to China, sues to get his job back: The New York Times


Politico
27-01-2025
- Politics
- Politico
Trump's migrant policy ensnares schools and Democrats
Presented by With help from Rebecca Carballo IMMIGRATION SHOWDOWN — Some of the largest Democratic enclaves face a political challenge as they confront President Donald Trump's toughened immigration actions. — Even as school administrators and Democratic leaders repeat their promise to shield students and teachers from U.S. Immigration and Customs Enforcement agents, they appear unsure exactly how far to go to prevent federal agents from making arrests on campus. — That tension reached a fever pitch in Chicago on Friday, when officials admitted a 'misunderstanding' caused local parents to fear their children's school was being targeted by immigration agents — in fact, the U.S. Secret Service was investigating a threat. When Vice President JD Vance was asked Sunday if he supported federal raids at schools and churches, he pivoted to condemn the US Conference of Catholic Bishops' opposition to Trump's immigration policy. — Such uncertainty is even reverberating in red states like Florida and Texas. Republican Gov. Greg Abbott is broadcasting his support for Trump's deportation demands, but teachers who might otherwise support the president's immigration policy are concerned about the anticipated impact on schools. — Watch how local officials respond to two developments: first, a Department of Homeland Security directive that now labels schools and churches as fair ground for immigration arrests. In a Jan. 20 memo to federal immigration and border officials, acting DHS Secretary Benjamine Huffman said law enforcement officers should use 'discretion along with a healthy dose of common sense' when working 'in a sensitive location.' — The Department of Justice also promises to investigate and prosecute any state or local entity that refuses to cooperate with ramped-up federal immigration enforcement efforts and take legal action to challenge contravening local laws — warnings that will undoubtedly pit local Democratic officials against the federal government in states like California. IT'S MONDAY, JAN. 27. WELCOME TO WEEKLY EDUCATION. Just a few days into Trump's second term, some federal workers are contemplating quitting. Others are preparing to file grievances with their unions or moving communications with each other to secure platforms like Signal. Some, fearing they'll be caught up in the White House's purge of diversity programs, are leaving their names off of worrisome memos and documents. Reach out with tips to today's host at jperez@ and also my colleagues Becca Carballo (rcarballo@ Bianca Quilantan (bquilantan@ and Mackenzie Wilkes (mwilkes@ Civil Rights A NEW TAKE ON BOOKS — The Education Department dismissed a 'book ban coordinator' named by former President Joe Biden's administration and scrapped nearly a dozen complaints filed with its civil rights office that sought to overturn school district decisions to remove books from libraries and classrooms. — In dismissing the complaints Friday, Bianca reports the Education Department said it was rejecting the argument that removing books with 'age-inappropriate, sexually explicit, or obscene materials' amounted to creating a hostile environment for students. — Free speech advocates slammed both the dismissals and the department's description of book bans as a 'hoax.' Kasey Meehan, PEN America's director of Freedom to Read, called the language 'alarming and dismissive' of censorship concerns. Civil rights advocates also expressed concern about how this could make it harder for underrepresented students to see themselves in their school's curriculum. — 'The dismissal of the book ban complaints is the latest damaging and harmful action we've seen this week from the Trump administration's extremist agenda,' said Shiwali Patel, senior director of safe and inclusive schools at the National Women's Law Center. — But for Florida Republican Gov. Ron DeSantis, who spent years building a political brand on book restrictions, Friday's decision was a moment of vindication. — 'R.I.P. to the Book Ban Hoax,' DeSantis wrote on X. Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories. Supreme Court LANDMARK MOMENT — The Supreme Court will weigh the fate of an Oklahoma religious charter school that has blurred the lines between church and state, justices announced Friday in an unsigned order distributed days after President Donald Trump was sworn into office. — 'This stands to be one of the most significant religious and education freedom decisions in our lifetime,' Oklahoma Republican Gov. Kevin Stitt said of the high court's decision to consider last year's Oklahoma court ruling that rejected plans to open the St. Isidore of Seville Catholic Virtual School. — The timing of the high court's decision was unusual, and suggests justices seek to hear the case this spring, in their final days of argument for the term. Only eight justices will weigh in, as Justice Amy Coney Barrett plans to recuse herself. No reason was given for her decision. — Friday's announcement previews what is sure to be a tense courtroom debate between Oklahoma Republican Attorney General Gentner Drummond and a battery of conservative organizations and interests who have supported St. Isidore's march to the high court. — Drummond put himself at odds with Stitt's administration and state schools Superintendent Ryan Walters shortly after his 2023 election when the attorney general scrapped a legal opinion that opened the door to publicly funded religious charter schools in Oklahoma. Drummond then repeatedly stated his office's opposition to St. Isidore when it was first greenlit by a statewide board. — Conservative legal organizations and authorities in eight Republican-led states have urged the high court to overturn last year's Oklahoma court ruling. PRESSING PAUSE — The Trump administration wants the Supreme Court to hold off its review of a lower court decision that blocked a student debt forgiveness rule that made it easier for borrowers to have their loans forgiven if they'd been defrauded by their colleges. — The Justice Department says the Education Department's new leaders should assess former President Joe Biden's updates to the 'borrower defense' rule before proceeding with any briefings, Rebecca reports. — Career Colleges and Schools of Texas, a regulator, sued the Biden administration over the borrower defense rule in 2023, arguing that it was too easy for students to engage in the borrower defense process. That same year the 5th U.S. Circuit Court of Appeals sided with CCST, blocking the rule from taking effect nationwide. — The Fifth Circuit said the department can't grant the relief unless a borrower has defaulted and the government has sued them to collect on the loan. — 'After the change in Administration, the Acting Secretary of Education has determined that the Department should reassess the basis for and soundness of the Department's borrower-defense regulations,' acting solicitor general Sarah Harris wrote in a court filing. — It's unclear what the next administration will do with rule, but Trump transition advisers had been reportedly discussing ways to unwind the various Biden-era student loan initiatives. IN THE STATES FOR YOUR RADAR – Tennessee Republican Gov. Bill Lee is kicking off National School Choice Week with a special legislative session to address hurricane disaster relief, immigration and a major private school tuition program that is winning support from many — but not all — conservatives. — Tennessee's bicameral bills to authorize up to 20,000 public-funded private school tuition scholarships include potential sweeteners to coax possible holdouts, such as $2,000 public school teacher bonuses and tax tweaks to support public school construction projects. — State House Speaker Cameron Sexton took to social media on Friday to thank the Trump administration and the America First Policy Institute for a supportive letter that praised the legislation. David McIntosh, head of the conservative Club For Growth, used a Sunday editorial in The Tennessean to promise any Republican lawmaker who opposes the measure 'should expect to lose an expensive primary' fueled by his organization's resources. — The idea still faces opposition, including some from local Moms for Liberty chapters. The organization's Williamson County branch in Nashville's exurbs pushed its members to call lawmakers and demand 'no' votes because of the bill's anticipated price tag, the lack of private schools in rural communities, and 'government interference in private schools.' — Tennessee Stands, a conservative organization founded by local political operative and former state Senate candidate Gary Humble, further expressed 'grave concern' with the use of a special session to address the school choice debate in a letter to lawmakers that said voters want to 'preserve our educational system.' — 'Your primary duty lies not with the Governor's office, not with special interest groups, and not with party leadership – but with the citizens of your districts who entrusted you with their voice in our government,' Humble told lawmakers this month. 'The pressures you face – whether through committee assignments, leadership positions, or political threats – pale in comparison to your constitutional obligations.' MOVERS AND SHAKERS Moms for Liberty co-founder Tiffany Justice is joining the conservative Heritage Foundation as a visiting fellow in parental rights. Justice will spearhead a new 'Parental Rights Initiative' at Heritage, which the organization says Justice will use to take Moms for Liberty's state-focused strategy onto a national scale. Syllabus — Education Department watchdog among inspectors general fired in Friday night purge: POLITICO Pro — Military academies should not use race in admissions, a newly-confirmed Hegseth says: Reuters — Amid immigration fears, Chicago school staff mistook Secret Service agents for ICE, district says: Chalkbeat — A 'pay penalty' is keeping men out of classrooms: The Wall Street Journal — Opinion: Trump's plan to crush the academic left: The New York Times