discrimination – 社区黑料 America's Education News Source Thu, 05 Mar 2026 20:09:06 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 /wp-content/uploads/2022/05/cropped-74_favicon-32x32.png discrimination – 社区黑料 32 32 Muslim Parent Sues Texas Over Exclusion of Islamic Private Schools in Voucher Program /article/muslim-parent-sues-texas-over-exclusion-of-islamic-private-schools-in-voucher-program/ Fri, 06 Mar 2026 15:30:00 +0000 /?post_type=article&p=1029460 This article was originally published in

A Muslim parent has sued Texas leaders for excluding Islamic private schools from participating in the state鈥檚 private school voucher program.

The , filed March 1 by a parent acting on behalf of two children who attend a Houston private school, asks the court to block the voucher program from discriminating on the basis of religion. The suit names Texas Attorney General , Acting Comptroller and Education Commissioner Mike Morath as defendants.

Here鈥檚 what to know.

Background: Gov. signed into law in 2025, which authorized the creation of a statewide program that allows families to use public funds to pay for their children鈥檚 private school or home-school education.

Between Feb. 4 and March 17, virtually any family with school-age children in Texas to participate. Private schools interested in joining the program can apply on a rolling basis, as long as they have existed for at least two years and received accreditation.

More than 143,000 students have applied, while more than 2,100 private schools have been accepted.

Hancock 鈥 Texas鈥 chief financial officer who manages the voucher program 鈥 in late 2025 from Paxton, asking if he could exclude schools from the voucher program based on their connections to groups designated as foreign terrorist organizations or foreign adversaries.

Hancock said schools associated with the accreditation company Cognia had hosted events organized by the Council on American-Islamic Relations, a Muslim civil rights group that Gov. Greg Abbott recently designated a terrorist organization. CAIR has sued Abbott over the label, calling it defamatory and false. The U.S. State Department has not designated the organization a terrorist group.

Texas Republicans have made anti-Muslim rhetoric a during primary election season. Hancock, appointed by the governor on an interim basis, is running to serve a full term as comptroller.

Hancock shut hundreds of Cognia-accredited schools out of the voucher program, including those that primarily serve Muslim students, Christian students and children with disabilities, which the Houston Chronicle .

Paxton released in January stating his belief that Hancock has the authority to block certain schools from participating in the program if they are 鈥渋llegally tied to terrorists or foreign adversaries.鈥 To date, no Islamic schools are known to have been accepted into the state voucher program.

The comptroller鈥檚 office said it began inviting groups of Cognia schools that it considers in compliance with the law to participate, though it is unclear what that review entails.

In mid-February, Texas Senate Democrats Hancock to administer the program in a manner 鈥渘eutral, transparent and consistent with the law and to immediately cease discriminatory and exclusionary practices that single out certain communities without lawful justification.鈥

Why the parent sued: Mehdi Cherkaoui, a Muslim father of two children and lawyer representing himself in the lawsuit, argued that state leaders 鈥渉ave systematically targeted Islamic schools for exclusion.鈥

The Islamic schools blocked from joining the program meet the voucher program鈥檚 eligibility requirements and 鈥渉ave no actual connection to terrorism or unlawful activity,鈥 the lawsuit states. That includes Houston Qur’an Academy Spring, a private school attended by Cherkaoui鈥檚 two children.

Cherkaoui pays almost $18,000 per year in tuition for his children at the Houston private school and wants to apply for the nearly $10,500 per child in voucher funding to offset those costs, according to the lawsuit. But with Islamic schools blocked from participating in the program, the suit says, Cherkaoui cannot complete the application.

鈥淭he exclusion is not based on individualized findings of unlawful conduct by any specific school, but rather on categorical presumptions that Islamic schools are suspect and potentially linked to terrorism by virtue of their religious identity and community associations,鈥 the lawsuit states.

The lawsuit names Hancock, the comptroller, because of his role overseeing the program; Paxton, the attorney general, because of his legal opinion backing Hancock; and Morath, the education commissioner, because his agency works with the comptroller鈥檚 office on certain program conditions.

Morath does not oversee private schools in Texas, but schools in the voucher program must receive accreditation from organizations recognized by his agency or the Texas Private School Accreditation Commission.

Before the voucher program鈥檚 March 17 deadline for family applications, the lawsuit asks that the court require the state to accept all Islamic schools that meet program requirements and prevent the state from delaying or denying approval based on schools鈥 religious identity, alleged “Islamic ties,” or 鈥済eneralized associations with Islamic civil-rights or community organizations absent individualized, adjudicated findings of unlawful conduct.鈥

Hancock, Paxton and Morath did not immediately respond to requests for comment.

This first appeared on .

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Education Department Leans on Right-Wing Allies to Push Civil Rights Probes /article/education-department-leans-on-right-wing-allies-to-push-civil-rights-probes/ Wed, 15 Oct 2025 10:25:00 +0000 /?post_type=article&p=1021869 In late March, Education Secretary Linda McMahon recorded a video to an school districts that allow students to change their gender identity without their parents鈥 permission 鈥 a key target of the Trump administration.

But she didn鈥檛 face the camera alone. 

She was joined by Nicole Neily, a longtime advocate and president of Defending Education. It was Neily鈥檚 organization that scoured district websites for evidence of gender plans 鈥 what they call 鈥減arental exclusion policies.鈥 In a letter to Maine Education Commissioner Pender Makin, McMahon gave Defending Education credit for gathering the documents through public records requests and referenced two conservative websites, and , that published the group鈥檚 findings. 


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鈥淲e’re proud to stand with you and President Trump as you ensure that the law is being followed and that the school districts do not infringe on parents鈥 rights,鈥 Neily said in the video.

Neily offered similar quotes when the Office for Civil Rights opened investigations into school district equity policies in Chicago and Fairfax, Virginia. In February, Defending Education filed about Chicago鈥檚 , which aims to increase the number of Black teachers, improve student behavior and make instruction more culturally relevant. Neily argues the initiative denies other students 鈥渆ducational opportunity because of the color of their skin.鈥

And she gets results.

On May 22, two days after for the Fairfax investigation, OCR launched a probe into admission criteria at the district鈥檚 elite Thomas Jefferson High School for Science and Technology. Defending Education argues the district discriminates against white and Asian students. The U.S. Supreme Court declined to hear an argument against the policy in February 2024 and turned down a similar case from Boston in December.

An Education Department spokeswoman told 社区黑料 that officials welcome support from advocates working to protect parents鈥 and students鈥 rights. Neily did not respond to questions about the department鈥檚 communications strategy.

But she is just one of several activists working with the department to advance the Trump administration鈥檚 education agenda. Since February, at least 10 department press releases announcing investigations have featured quotes from advocates representing eight organizations. They all echo the administration鈥檚 position and, like the secretary, stake out conclusions before the OCR team has begun investigating.

Students participated in creating Chicago鈥檚 Black Student Success Plan, but the Education Department wants the district to shut it down. (Valerie Leonard)

In July, McMahon announced an investigation into transgender students playing on girls鈥 sports teams in Oregon. The probe, the press release said, was prompted by a complaint from the America First Policy Institute 鈥 the she chaired for four years before she became secretary.

In the release, Jessica Hart Steinmann, the think tank鈥檚 executive general counsel, said, 鈥淭hanks to Secretary McMahon鈥檚 leadership, this investigation is moving forward as a vital step toward restoring equal opportunity in women鈥檚 athletics.鈥

The organization helped set the agenda for Trump鈥檚 return to the White House and the president appointed several of its leaders to . At least six former AFPI staffers work at the Education Department. Craig Trainor, who handled litigation at AFPI, has been serving as acting assistant secretary for civil rights, but was confirmed last week to a top position at the Department of Housing and Urban Development.

The press releases create 鈥渁 significant pressure point on educational institutions because they鈥檙e presumed to have violated the law from the get-go,鈥 said Jackie Wernz, an attorney who worked in the civil rights office during the Obama and first Trump administrations. The department, she said, 鈥渉as changed from a neutral arbiter of civil rights disputes to an advocacy organization.鈥

Those who have worked at the department during both Democratic and Republican administrations, including in Trump鈥檚 first term, say such tactics could hinder investigators鈥 ability to gather evidence fairly. 

When OCR opens investigations, it assures subjects that a complaint is just the beginning of the process and doesn鈥檛 mean the department has reached a decision. In from 2020, Kimberly Richey, acting assistant secretary for civil rights during Trump鈥檚 first term, promised a school district that OCR would act as a 鈥渘eutral fact-finder.鈥

鈥淗istorically 鈥 on both sides of the aisle, the department has been extremely cautious about making public statements about open investigations,鈥 said Jill Siegelbaum, who spent 20 years in the department鈥檚 general counsel鈥檚 office before she was let go as part of McMahon鈥檚 mass layoffs. By including comments from critics, she said, the department risks immediately putting districts 鈥渙n the defensive.鈥 

Richey, who was confirmed last week to once again lead OCR, did not respond to requests for comment.

鈥楿ndeniable鈥 impact

Administration allies downplayed the significance of the actions, comparing it to former first lady Jill Biden鈥檚 decision to host American Federation of Teachers President Randi Weingarten and National Education Association President Becky Pringle as the first official when President Joe Biden took office in 2021. A former community college professor, Jill Biden is an NEA member.

Later that same year, parents and advocates in Virginia obtained emails from the Centers for Disease Control and Prevention showing the unions played a decisive role in keeping schools closed during the pandemic. The AFT pushed for language that the CDC ultimately recommended saying the agency could amend its guidance if it detected new variants of the virus. Republicans argue the unions exacerbated declines in students鈥 learning and mental health. 

The AFT鈥檚 Randi Weingarten, left, and NEA President Becky Pringle, right, joined former first lady Jill Biden at the White House on President Joe Biden鈥檚 second day in office. (AFT/Facebook)

鈥淚t鈥檚 far better for the secretary to engage with Defending Education, which champions parents and students, than with Randi Weingarten鈥檚 AFT, a mouthpiece for the Democratic Party鈥檚 progressive elite,鈥 said Ginny Gentles, an education and parental rights advocate at the conservative Defense of Freedom Institute. Neily, she added, has had an 鈥渦ndeniable鈥 impact. 鈥淣icki Neily and Defending Education have aggressively challenged the corrupt status quo, amplifying parents鈥 voices and demanding accountability.鈥

Catherine Lhamon, who ran OCR during the Obama and Biden administrations, dismissed the comparisons. She likened the warm welcome for the teachers union presidents to a political event. OCR, by contrast, is supposed to be neutral. By opening investigations with accusatory quotations from department officials and their allies, she said, the Trump administration is putting its thumb on the scale. Under Biden, she recalled, investigations frequently led to outcomes that disappointed the advocates who brought them.

鈥淭here were lots of cases during my time where the complaints were appalling. Then we’d investigate and find that they weren’t,鈥 she said. 鈥淵ou might think at the beginning of a case you’re going in one direction and then when you investigate, you find you’re going in another. That’s the job of an investigator.鈥

Catherine Lhamon ran the Office for Civil Rights during the Obama and Biden administrations. (Tom Williams/CQ-Roll Call, Inc/Getty Images)

The actions by the department are among several designed to radically repurpose and drastically downsize a civil rights office that had been focused on 鈥渢ransgender ideology and other progressive causes鈥 and that 鈥渕uddled the enforcement of laws designed to protect students.鈥 In March, she laid off roughly 250 employees and shuttered seven of 12 regional offices. The moves are still being challenged in court. Over the weekend, after another round of layoffs, one attorney who received notice that she had lost her job said three more offices had been closed.

One former OCR attorney said pairing McMahon鈥檚 comments with those from advocates compromises the agency.

鈥淓ach administration had their favorite issues and those issues sometimes got priority treatment. But I am unaware of any complainants consistently being put to the head of the line,鈥 said Paul Grossman, who led the San Francisco OCR office for 30 years under both Republican and Democratic administrations. 

Under previous administrations, it wasn鈥檛 unusual for the department to consult studies from advocates or think tanks and use their data to make a point, he said. 鈥淏ut individual leaders were not treated like or publicized as celebrities.鈥

Wernz, who now advises districts and colleges, said the Biden administration may have planted the seeds of the current practice. In some cases, the department under the previous regime issued statements after districts agreed to change policies and practices, but before OCR had completed a full investigation. In her view, some of those press releases were  

鈥淭he Biden administration kind of opened the door like a crack to do this,鈥 Wernz said. 鈥淎nd the Trump administration has just kicked the door down.鈥

A majority of the department鈥檚 press releases about OCR work highlight Trump administration priorities, like focusing Title IX on biological sex and eliminating diversity, equity and inclusion programs. Many of them include supporting quotes from like-minded advocates, including:

  • , executive director of the conservative Southeastern Legal Foundation. She represents drama teacher Stacy Deemar, who filed a complaint against the Evanston-Skokie district in Illinois in 2019. The district, she alleged, racially discriminates against white students and staff through racial affinity groups, training sessions focused on race and 鈥減rivilege walks.鈥 In the , participants take a step forward or backward based on issues like whether they learned about their own culture in school, have two parents with college degrees or grew up in a poor neighborhood. 

    Under former Secretary Miguel Cardona, the department dismissed the complaint. 

    鈥淒r. Deemar has waited patiently for the harms inflicted by the Biden Administration to be rectified,鈥 Hermann said in the release. 鈥淔or the sake of our children and our country, the time to restore equality and reclaim civil liberties is now.鈥 Deemar previously sued the district in federal court, but a the case last year, ruling that the teacher didn鈥檛 experience a hostile environment.
  • , executive director of the Foundation Against Intolerance and Racism, which opposes 鈥渋dentity-based practices.鈥 she was 鈥渢hrilled鈥 that OCR opened an investigation into the Tumwater School District in Washington state. The organization complained on behalf of a 15-year-old female basketball player who refused to participate in a game against an opposing team with a transgender player. The Tumwater district, according to the complaint, also investigated the student for bullying and harassment because she spoke out against the student playing. 
  • , vice president of the Native American Guardians Association. The North Dakota-based organization opposes New York鈥檚 ban on Native American mascots in sports. The group, along with President Trump and McMahon, took the side of Massapequa High School in its dispute with the state over using the name Chiefs. McMahon has since referred the complaint to the Department of Justice. 鈥淲e call on federal and state leaders to help us defend these dwindling expressions of our presence and contributions,鈥 Black Cloud said in the department鈥檚 press release. 
U.S. Secretary of Education Linda McMahon spoke at Massapequa High School in New York on May 30 in opposition to New York State’s ban on Native American mascots. Frank Black Cloud, vice president of the Native American Guardians Association, behind McMahon to the right, joined the press conference. (Alejandra Villa Loarca/Newsday RM/Getty Images)

Julie Hartman, a department spokeswoman, defended the inclusion of advocates in press statements. She said the agency 鈥渨elcomes support from 鈥 and has often worked with 鈥 outside groups who want to advocate for students and families and help those who believe that their civil rights have been violated.鈥

The department, she said, has a 鈥渞esponsibility to ensure that taxpayer dollars are not sponsoring practices that violate鈥 federal laws. According to department records, OCR investigated complaints from multiple advocacy organizations under former Secretary Cardona, including Defending Education. 

Under Biden, OCR opened a dozen based on Defending Education鈥檚 complaints.

In one 2023 case, the group complained that the Ashland, Oregon, school district offered exclusive, race-based affinity groups for students. When the Office for Civil Rights looked into , the district that the groups are open to all students and OCR closed the case. 

Advocates frequently issue their own press releases about complaints they want OCR to resolve. Some don鈥檛 see a problem with McMahon featuring them in official statements as well and say it鈥檚 a matter of transparency. 

鈥淭hese groups often have expertise in specific areas and connections to affected communities that help them spot problems government agencies might miss,鈥 said Harris, with the Foundation Against Intolerance and Racism.

Quoting advocates 鈥渃an foster trust by humanizing issues,鈥 said Black Cloud. 

鈥榃hat letter?鈥

In some cases, the advocates commenting are more clued into where an investigation is headed than districts and even OCR itself. 

In one example, the department in March notified the Deerfield Public Schools, north of Chicago, that it was the subject of a probe over complaints about transgender athletes using girls鈥 locker rooms. The letter came the same day OCR officials issued , said Cathy Kedjidjian, the district鈥檚 chief communications officer. The government鈥檚 investigation also targets the Illinois Department of Education and the Chicago Public Schools.

鈥淲e didn’t know the investigation was coming,鈥 she said.

In the release, Robert Eitel, president and co-founder of the Defense of Freedom Institute, thanked the department for taking steps to ensure 鈥渢he bad actors comply with Title IX.鈥 

Deerfield officials, Kedjidjian said, have since 鈥渞esponded in full鈥 to OCR鈥檚 questions. In an to the community, the district denied allegations that middle school girls had to change in a locker room with a trans girl present.

Jim Blew, who worked at the department during the first Trump administration and now leads the think tank with Eitel, said they 鈥渨on’t be commenting for this story.鈥

Another announcement caught OCR鈥檚 attorneys off guard. On , a release stated that the department sent letters to 60 colleges and universities warning them to protect Jewish students on campus during antisemitic protests. 

In April 2024, students set up tents outside Northwestern University in Evanston, Illinois, as part of an ongoing protest in support of Palestinian rights. The university was one of 60 the Education Department put on notice about protecting Jewish students. (Jacek Boczarski/Anadolu/Getty Images)

鈥淲e found out from the same press release that you all did,鈥 the attorney who was laid off over the weekend told 社区黑料. She asked to remain anonymous for fear of retaliation. When the letters went out, she said OCR attorneys received 鈥渃onfused and angry emails [from universities], like 鈥榃hat鈥檚 this letter?鈥 And we go, 鈥榃hat letter?鈥 鈥

Actions like that, she said, can damage the 鈥渢rust and goodwill鈥 that investigators work to create with K-12 and higher education officials. 

鈥淲e鈥檙e the ones doing the face-to-face with the recipients [of those letters],鈥 she said. With the closure of 10 regional OCR offices, as part of the administration鈥檚 plan to eliminate the agency, the staff is trying to reassure districts and give them 鈥渁 sense that 鈥榃e are still neutral, we will handle this case.鈥 鈥

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Nonprofit Wants to Take on Civil Rights Cases Trump鈥檚 Ed Department Left Behind /article/nonprofit-wants-to-take-on-civil-rights-cases-trumps-education-department-left-behind/ Fri, 16 May 2025 10:30:00 +0000 /?post_type=article&p=1015515 For nearly a decade, Shaheena Simons led the division that fought for students鈥 civil rights at the U.S. Department of Justice. 

Her tenure encompassed President Donald Trump鈥檚 first term, a time when staff still addressed the 鈥渇ull range of complaints鈥  鈥 from racial and gender discrimination to schools denying services to students with disabilities.

Shaheena Simons was chief of the Educational Opportunities Section at the U.S. Department of Justice for nine years. Now she鈥檒l co-chair an advisory council for the new Public Education Defense Fund. (Courtesy of Shaheena Simons)

But to Simons, the Justice Department鈥檚 recent dismissal of a 鈥 at a time when continues 鈥 is a sign that the current administration has turned its back on students who don鈥檛 receive an equal education. It鈥檚 why she left the Educational Opportunities Section at the DOJ after 14 years  in April. 

鈥淭he administration has been very clear that resources are going to be allocated to certain identified priorities,鈥 she said 鈥 primarily keeping trans students out of women鈥檚 sports and punishing universities it accuses of tolerating anti-semitism. But that agenda, she said, 鈥渋s leaving a lot of parents and kids with nowhere to turn.鈥 

Now she aims to be part of a solution. She鈥檚 lending her expertise to a new initiative intended to give families another way to resolve their concerns 鈥 the . 

The National Center for Youth Law, a 50-year-old nonprofit, will launch the project on Friday to help families with complaints that the DOJ or the Office for Civil Rights at the Education Department either won鈥檛 acknowledge or no longer has the capacity to investigate. Simons will co-chair the fund鈥檚 advisory council.

Announced in advance of Saturday鈥檚 71st anniversary of the Brown v. Board decision ending segregation, the effort will include a fellowship program for former OCR attorneys who lost their positions when the Trump administration gutted the agency and closed seven regional offices in March. The goal is to capitalize on the 鈥渂rain drain鈥 caused by the elimination of nearly 250 OCR staffers and connect families with pro bono attorneys who can conduct investigations and bring lawsuits to resolve their concerns.

鈥淚 have zero confidence in [the department鈥檚] ability to administer the system effectively,鈥 said Johnathan Smith, chief of staff and general counsel at the center. 鈥淚 think most parents who are looking at what’s happening probably would reach the same conclusion.鈥 

As it shifts attention away from discrimination against LGBTQ students and racial minorities, OCR has left thousands of complaints untouched and dismissed many others. Trump鈥檚 2026 calls for an additional 35% cut to the office as the administration pushes to eliminate the department.

The center, along with parents and special education advocates, over the firings, and asked the District of Columbia federal court to . A hearing is set for May 20. 

Andy Artz was a supervising attorney in OCR鈥檚 New York City office until March 11, when the department placed him and hundreds of other department staffers on leave and locked them out of their computer systems. He was in the middle of helping a student who had been denied access to a senior trip because of multiple disabilities and close to reaching a resolution for a victim of sexual assault by a classmate. 

鈥淚 found the work really meaningful,鈥 said Artz, who hopes to work with the fund. 鈥淥CR was able to do a great job helping school districts and universities understand their obligations.鈥

To the new administration, however, OCR perpetuated discrimination by focusing on diversity, equity and inclusion and harmed women by extending Title IX protections to transgender students.

鈥淟et me be clear: it is a new day in America,鈥 Acting Assistant Secretary for Civil Rights Craig Trainor said when the department announced into a gender-neutral bathroom in Denver schools. 鈥淯nder President Trump, OCR will not tolerate discrimination of any kind.鈥

Even if the court blocks the job cuts, it鈥檚 unclear whether attorneys would be allowed to return to cases that don鈥檛 align with the administration鈥檚 priorities. Smith still sees a need for the new project.

His team will work with local NAACP chapters, bar associations and other community organizations to get the word out about the OCR alternative, Smith said.

In addition to seeking attorneys who will represent students pro bono, the fund hopes to attract some of the talent forced to leave the federal government by offering four- to six-month fellowships. Attorneys will receive a $12,500 stipend and non-attorneys will receive $9,000. Depending on funding, Smith expects up to 10 fellows in the first round.聽

Johnathan Smith, chief of staff and general counsel at the National Center for Youth Law, said filing a complaint with the Office for Civil Rights has often been 鈥渁 black hole for families.鈥 (Courtesy of Johnathan Smith)

鈥楾op-performing personnel鈥

When Trump was inaugurated, OCR had over 12,000 open cases, . But the database hasn鈥檛 been updated since before the new administration took over. According to Julie Hartman, a department spokeswoman, OCR continues to 鈥渆valuate all legitimate complaints鈥 and has initiated over 200 disability-related investigations and dozens related to Title IX and anti-discrimination laws. 

鈥淥CR鈥檚 staff is composed of top-performing personnel with years of experience enforcing federal civil rights laws who work vigorously to protect all Americans鈥 civil rights,鈥 she said. 

She declined to comment on the fund specifically, but said the department 鈥渨elcomes support from 鈥 and has often worked with 鈥 outside groups who want to advocate for students and families and help those who believe that their civil rights have been violated.鈥

Factoring in staff reductions and those who left voluntarily, Artz estimates that only about a third of OCR鈥檚 staff remains out of the over 560 attorneys, supervisors and other employees who worked there last fall.

As a former deputy assistant attorney general during the Obama administration, Smith doesn鈥檛 solely blame Trump for OCR being 鈥渢erribly backlogged.鈥 

鈥淚t was a system that often was a black hole for families,鈥 he said. 鈥淲hat does it mean to have an Office for Civil Rights that’s actually responsive to families and to young people?鈥

For Callie Oettinger, a Fairfax County, Virginia, parent and special education advocate, getting OCR to act has yielded mixed results. She has seen complaints linger for years as well as recent steps by the new administration to act on disability cases. 

OCR still hasn鈥檛 completed a probe into her 2019 complaint that the Fairfax district denied transportation to students with disabilities who needed extra time to complete the PSAT. At the same time, she鈥檚 noticed an uptick in OCR investigations on more recent issues. Since early April, officials have responded to two complaints she鈥檚 involved in, one filed in December and another in March.

鈥淚t’s not clear why they’re starting where they鈥檙e starting,鈥 she said. 鈥淭hings are definitely moving forward, but they’re not doing themselves a favor by keeping their website so outdated.鈥 

Others are looking elsewhere for relief. 

In Delaware鈥檚 Cape Henlopen School District, Louise Michaud Ngido, an English language teacher, said she鈥檚 heard nothing about that schools have failed to provide English learners with adequate support. Students new to the country, she said, don鈥檛 receive specific English development classes and staff members don鈥檛 provide translation services or interpreters for parents. The district denied any discrimination.

Under Cardona, OCR opened an investigation last October, but Ngido has heard nothing since. She said she hopes Delaware will be 鈥渕ore proactive鈥 and investigate complaints that OCR won鈥檛.

Department of Justice priorities

At least to eliminate the education department would shift OCR鈥檚 workload to the DOJ. But the education staff there has always been a fraction of the size of OCR鈥檚. Simon鈥檚 former office once had 40 attorneys. Now, she said, it has six. 

The agency鈥檚 priorities have also changed. 

In with the Epoch Times, a conservative media outlet, Harmeet Dhillon, assistant attorney general for civil rights, said her agenda includes doing 鈥渟ome law enforcement鈥 against hospitals conducting gender-affirming surgeries, elevating parental rights and dismissing school district consent decrees over desegregation. 

The DOJ said in a that it ended its 鈥減robing federal oversight鈥 of integration efforts in Louisiana鈥檚 Plaquemines Parish schools because the district was spending 鈥減recious local resources鈥 to meet past administration鈥檚 demands for data on issues such as hiring and discipline. 

In the interview, Dhillon said the department wants to 鈥渓et people off the hook鈥 if they corrected past discrimination. Consent decrees, in which a district pays a court-appointed monitor for ongoing oversight, are 鈥渁 powerful tool鈥 and appropriate when there鈥檚 been severe corruption or racism, she said. 鈥淲hat鈥檚 not appropriate is to maintain these rent-seeking financial arrangements 鈥  beyond their normal life cycle.鈥

But Simons, the former DOJ section chief, said Black students are still disciplined at higher rates than their white peers and are more likely to attend 鈥渃rumbling鈥 schools. that racial and socioeconomic isolation has steadily increased since the 1980s.

鈥淪egregation persists; inequality persists,鈥 she said. 

Working with universities to collect and preserve existing data is another one of the fund鈥檚 goals. The administration, Smith said, might point to a declining number of OCR complaints as evidence of fewer problems in schools, when, in fact, it鈥檚 a byproduct of fewer investigations. 

鈥淲e want to be able to counter that narrative by showing that just because people aren’t going to OCR doesn’t mean that there aren鈥檛 real concerns and real issues of discrimination in our schools,鈥 he said. 

鈥楾he aid of legal counsel鈥

Jackie Wernz, a civil rights attorney and consultant who worked at the department during the Obama and first Trump administrations, said it鈥檚 important for nonprofits like the center to 鈥渟tep up,鈥 but cautioned that outside efforts have limitations.

鈥淲ithout a robust federal civil rights arm, civil rights in this country are not going to be enforced,鈥 she said. 

States don鈥檛 have the same expertise and resources, she said, and it鈥檚 unclear who would enforce any changes.

But Smith countered that the bulk of what OCR investigators do is negotiate solutions between families and district staff. 

鈥淗aving parents and children do that with the aid of legal counsel,鈥 he said, 鈥渨ill yield far better results and outcomes than if they try to navigate those systems on their own.鈥

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The Education Department Asked for Reports of DEI. It Might Get Something Else /article/the-education-department-asked-for-reports-of-dei-it-might-get-something-else/ Thu, 10 Apr 2025 10:30:00 +0000 /?post_type=article&p=1013439 In 2022, newly elected Virginia Gov. Glenn Youngkin launched a tip line for parents to report lessons that made children feel guilty about the color of their skin. His aim was to address growing conservative alarm about the proliferation of critical race theory and other so-called 鈥渄ivisive concepts鈥 in the classroom.

But the result was something else.

Parents bombarded the dedicated email address with off-topic rants on issues from kids using outdated textbooks to districts that failed to pay for special education evaluations. In the end, the process likely attracted more critics than supporters to the governor’s cause.  urged Black parents to 鈥渇lood鈥 the governor with complaints about 鈥渉istory being silenced.鈥 The state shut the tip line down offering scant evidence of indoctrination.

A woman holds up a sign during a rally against CRT in Leesburg, Virginia, in 2021. Similar demonstrations took place across the country that year. (Andrew Caballero-Reynolds/AFP via Getty Images)

A New Hampshire project met . State officials disabled it last year after a ruled that the state鈥檚 2021 鈥渂anned concepts鈥 laws that restricted lessons on LGBTQ issues and racial history were too vague. 

But in Oklahoma, a school safety alert system that Superintendent Ryan Walters uses to expose and punish what he calls the Five complaints pointed to books that Walters deemed 鈥減ornographic鈥 in a district north of Oklahoma City. His accusation sparked a legal battle over whether the state chief could control the contents of school libraries. 

Richard Cobb, superintendent of the Mid-Del Schools, outside Oklahoma City, called the online system 鈥渁 huge overreach.鈥 

鈥淚t’s frustrating because anyone can report anything,鈥 he said. 鈥淭hen the burden is on us to prove our innocence.鈥

And for many educators, there鈥檚 the rub 鈥 especially now that the Trump administration has made combating diversity, equity and inclusion an urgent national priority.

On Feb. 27, the U.S. Department of Education launched the . Its name leaves no doubt about its purpose 鈥 to uncover and eradicate examples of diversity, equity and inclusion in more than 100,000 schools across the nation. In a statement, Moms for Liberty co-founder Tiffany Justice urged parents to 鈥渟hare the receipts of the betrayal that has happened in our public schools.鈥

Trump made the issue a hallmark of his campaign, calling such policies 鈥渁bsolute nonsense鈥 and 鈥渋llegal.鈥 

On the department鈥檚 portal, a simple online form invites parents to report 鈥渋llegal discriminatory practices鈥 that the department will use to launch investigations. 

But the department didn鈥檛 say what made DEI illegal, and the concept has proved notoriously difficult to define. Schools have implemented race-focused activities like in elementary school, drawing backlash from parents who say the lessons make their children feel ashamed. But others have blocked lessons of clear historical significance, such as about Ruby Bridges, the first Black child to attend a school in New Orleans. 

Even in its attempt to eliminate DEI, the department has found the concept to be something of a moving target.

The launch of the portal followed a stern from the Office for Civil Rights that districts could face investigation if they treat 鈥渟tudents differently on the basis of race.鈥 In response, some teachers from lessons on Black history. A day after unveiling the portal, however, officials followed up with a more , explaining that cultural observances like Black History Month and International Holocaust Remembrance Day would be acceptable as long as all students, regardless of race, are welcome to participate. 

But the department recently resumed the offensive. Last week, it told states and districts to sign a document certifying that they have eliminated DEI practices or risk losing millions of dollars in federal funding. The department has since extended the deadline until April 24, said Madi Biedermann, a department spokeswoman.

New York is among of states that has . Washington state Superintendent Chris Reykdal called the department鈥檚 ultimatum 鈥渁n assault on the autonomy of states鈥 and said it would be 鈥渋rresponsible鈥 to sign the certification. California also seems to be . In an emailed statement, the state education agency called the demand 鈥渁nother attempt to impose a national ideology on local schools by threatening to withhold vital resources for students.鈥

Adding to the outsize stakes is the way the Trump administration has weaponized the issue, canceling grants and connected with even tangential connections to DEI work. In some cases, it has used DEI as an excuse to challenge legitimate history and bolster thinly veiled discrimination. Using artificial intelligence to comb through over 1,000 web pages, the Pentagon to notable achievements among minority members of the military. It later restored some of them. And in January, Trump for a fatal mid-air collision between a helicopter and a plane over the Potomac River.

Those who have worked in states that have implemented tip lines expect End DEI to meet with a similar flurry of confusion, tangents, spam, personal grievances 鈥 and a chill on important classroom discussions.

鈥淚 can see the parallel鈥 with Oklahoma, Cobb said. 鈥淲e’ve seen the Trump administration bully powerful law firms and Ivy League schools into submission. I imagine they would have zero qualms about applying similar pressure to individuals or school districts.鈥

鈥楽nitch line mentality鈥

The department鈥檚 move comes amid deep national divisions about DEI. A January by The Economist and YouGov found a roughly even split, with 45% in favor of ending such programs in government and schools, and 40% opposed.

As Trump took office on Jan. 20, another survey attempted to gauge the effects of critical race theory on classroom instruction. The results were similarly mixed. Fifty-eight percent  of high school students reported that their  teachers frequently make comments like, 鈥淲e must be actively anti-racist,鈥 while 42% responded that teachers support the Black Lives Matter movement. At the same time, 77% said their teachers either never or rarely made them feel uncomfortable about disagreeing with their point of view. 

Brian Kisida, a government and public affairs professor at the University of Missouri and a lead author of the study, said the department鈥檚 portal could give parents a vehicle for reporting actual discrimination against their children. But he expressed concern that the likely result would be to magnify the polarization it is designed to eradicate, saying 鈥渢his snitch line mentality can do more harm than good.鈥

鈥淚 expect many of these disputes could be solved if parents and educators just had good-faith conversations with each other, and both sides would likely learn something in the process,鈥 he said.

Some wonder how the department can thoughtfully navigate the issues, given the dramatic cuts to the program that normally would have been responsible for investigating discrimination complaints: the department鈥檚 civil rights office.

Education Secretary Linda McMahon eliminated half of the OCR staff along with seven regional offices that handle investigations. With its remaining employees, the department redirected civil rights enforcement toward administration priorities like ending antisemitic protests on college campuses and keeping transgender students out of girls鈥 sports. 

鈥淚f you’re dismantling the Department of Education and moving everything somewhere else, who are these people that are going to do the investigation?鈥 asked LaToya Baldwin Clark, a law professor at the University of California Los Angeles who . 鈥淲ho are these people that actually do any type of enforcement?鈥

Biedermann, the department spokeswoman, would not say who is reviewing the submissions or whether officials have followed up on any tips. But unlike the Department of Defense, she said staff members at the department 鈥 not AI 鈥 will review submissions to identify potential areas for investigation. Biederman offered no information on how many reports the system has received, but Marleigh Schaefer, a spokeswoman for Moms for Liberty, said 鈥渢housands of parents have submitted to the portal.鈥 

On Feb. 17, demonstrators gathered in Washington to protest the Trump administration鈥檚 actions to fire federal employees, many of which had some connection to DEI-related work. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

One of them is Lauren McDonough, part of a Texas conservative group called Families Engaged.

In her complaint to the department, she described her failed attempts to get the Richardson Independent School District to pass a policy requiring students to use bathrooms that match their sex assigned at birth. She became concerned after learning that a trans girl in first grade attends her daughters鈥 school. In an email, a district official told her that schools consider transgender students鈥 requests on a case-by-case basis.

鈥淚 was like 鈥榃hat the heck, it takes five minutes,鈥 鈥 McDonough said of the form. 鈥淚f something comes of it, great, but my hopes are very low. I feel like I have to exhaust my resources as a parent.鈥

Biedermann said people who make submissions shouldn鈥檛 necessarily expect a response and described the portal as a 鈥渢ool to identify where and if there are pockets or patterns of 鈥 violations.鈥

Not surprisingly, the site, created by staff from billionaire Elon Musk鈥檚 Department of Government Efficiency, fell prey to pranks. 鈥淵鈥檃ll know what to do 鈥opy the Bee Movie script,鈥 one critic 鈥 a reference to an about sending the entire script from the 2014 movie to crash a site. Three former staffers at the department said in the rush to get the portal up, the site went down within 12 hours.

鈥淲e were laughing about it,鈥 said a former employee who asked to remain anonymous to protect colleagues still at the department. 

Biedermann acknowledged that the portal was initially overwhelmed, but said it resumed operations in about an hour and is now working smoothly.

鈥楴ame names鈥 

In Virginia, Youngkin set up his special email address to make good on a promise to listen to parents鈥 concerns. His successful run for governor in 2021 tapped into deep anger over remote learning and fears that critical race theory was infiltrating classrooms. An academic principle usually reserved for graduate schools, CRT argues that racism is built into the fabric of American institutions.

Virginia Gov. Glenn Youngkin made parents鈥 frustrations over lessons on racism and white privilege a central part of his successful campaign in 2021. (Chen Mengtong/China News Service via Getty Images)

As governor, Youngkin鈥檚 first banned classroom lessons based on CRT. On a , he promoted the tip line as a way to track down 鈥渋nherently divisive teaching practices.鈥 

He called out the Fairfax County district for a high school English assignment, titled Privilege Bingo, that was intended to teach students about diverse perspectives. The squares on the bingo card listed features such as being white, Christian, male and able-bodied. , an Army veteran complained that the lesson listed being part of a military family as an example of privilege. The district apologized and revised the activity, but said it remained committed to teaching students how to understand multiple viewpoints. Youngkin pledged to wipe out similar lessons from Virginia classrooms. 

鈥淲e’re going to make sure that we catalog it all,鈥 he said.

But the effort didn鈥檛 go as planned. Teachers in the Prince William County district, next to Fairfax, thought it was a joke. They even ordered custom T-shirts that read 鈥淗i tip line? I鈥檇 like to report Virginia teachers for being incredible at what they do. Thanks Bye.鈥 

Teachers in Virginia鈥檚 Prince William County schools had T-shirts made when they learned about Gov. Glenn Youngkin鈥檚 anti-CRT tip line. (Courtesy of Angie Trerotola)

鈥淲e just couldn’t believe that they were going to spend tax dollars to run this tip line, but not fully fund our schools to decrease class sizes,鈥 said Angie Trerotola, a high school social studies teacher in Prince William.  

Saturday Night Live鈥檚 Weekend Update got into the act. Co-anchor Colin Jost quipped, 鈥淵ou know you鈥檙e racist when you call the cops about a Black character in a book.鈥

In response to public records requests, the governor鈥檚 staff initially submissions to the tip line. But when several news outlets sued, the governor turned over 350 emails as part of a settlement, few of which pointed to lessons Youngkin was trying to eliminate. A spokesman referred 社区黑料 to a statement it released in the fall of 2022 explaining that it the tip line because it was 鈥渞eceiving little to no volume.鈥

Colin Jost, co-anchor of Saturday Night Live鈥檚 Weekend Update poked fun at a special email address Virginia Gov. Glenn Youngkin created to collect reports of critical race theory in K-12 schools. (Kyle Dubiel/NBC/NBCU Photo Bank via Getty Images)

A similar tip line in Rhode Island also failed to gain traction. The Rhode Island Center for Freedom and Prosperity, a nonprofit, at the height of outrage and confusion over how schools were teaching racial issues. It called on parents to 鈥溾榥ame names鈥 of those indoctrinating our kids.鈥 

The free market think tank and the conservative Civics Alliance collaborated on that said state social studies standards are 鈥渁nimated by a radical identity-politics ideology鈥 and show 鈥渉ostility toward America.鈥 The standards expect students to study Latino history, workers鈥 rights and feminism, they wrote, but distort 鈥渉istory where white men played the leading roles.”

More recently, Mike Stenhouse, the center鈥檚 CEO, that a policy that recognizes transgender students and protects their decision to use restrooms and locker rooms that align with their gender identity puts them at risk of a civil rights investigation by the Trump administration.

But after four years, the group鈥檚 tip line had nothing to show for it, Stenhouse said in an email. The line 鈥渉as not yielded any notable results鈥 or received many 鈥渃redible responses,鈥 he said. Stenhouse blamed the lack of participation on the center鈥檚 failure to adequately promote the site.

鈥楽oup du jour鈥

In Oklahoma, Superintendent Walters has had more success getting the public鈥檚 help. His predecessor, Joy Hofmeister, launched a website called Awareity to report school security risks. Walters turned to it to and districts violating a state law banning divisive concepts and his own mandates.

last year focused on two books in the Edmond School District鈥檚 high school libraries. The Kite Runner by Khaled Hosseini, is an award-winning bestseller about an Afghan boy鈥檚 relationship with his father set against the backdrop of the Soviet-Afghan war, and The Glass Castle by Jeannette Walls is a memoir about growing up in a dysfunctional family. Both books include descriptions of sexual assault.

Walters threatened to downgrade the district鈥檚 accreditation if they didn鈥檛 remove them. When the district sued over his rule, it had chosen to 鈥減eddle porn and is leading the charge to undermine parents in Oklahoma.鈥

Cobb, the Mid-Del superintendent, didn鈥檛 pull the books, but others preemptively removed the titles and similar ones Walters labeled 鈥渇ilth.鈥

鈥淚 guess we all have to make our own decisions,鈥 Cobb said. 鈥淏ut I’d rather stand up and fight than comply in advance with something that is wrong.鈥

Walters lost the case Edmond brought against him last year. The Oklahoma Supreme Court accused the superintendent of acting with 鈥渦nauthorized quasi-judicial authority鈥 and said decisions over library materials are up to local districts. 

The public used an online system to complain about an Oklahoma district with The Kite Runner in its high school libraries. The district, Edmond Public Schools, sued over Superintendent Ryan Walters鈥 rule controlling what libraries could offer and won. (John Carl D’Annibale /Albany Times Union via Getty Images)

The option to report 鈥減ornographic materials or sexualized content鈥 no longer appears in Awareity鈥檚 dropdown menu. The public also can no longer use it to report that a teacher is violating the state鈥檚 divisive concepts law. Last June, a federal judge parts of the legislation, finding some of the language confusing for teachers to follow. 

But Walters has a new use for Awareity. The public can report a 鈥渧iolation of religious liberty and patriotism rights.鈥 Those categories complement his controversial mandate for teachers to in the classroom and that students should be allowed to fly and display the American flag at school 鈥渨ithout infringement.鈥澛

鈥淚t鈥檚 like the soup du jour 鈥 whatever issues seem to be playing well at the current time,鈥 said Brendon Hoover, coordinator at the Kirkpatrick Policy Group, which advocates for schools having full-time librarians.

He worked with Oklahoma Appleseed for Law and Justice, a nonprofit law firm, to file an open records request for Awareity files. Complaints included objections to schools offering Stamped, by anti-racist author Ibram Kendi, and a middle school book fair featuring selections from the LGBTQ-themed Heartstopper series of graphic novels.

The Oklahoma Department of Education did not respond to questions about Awareity.

Hoover blames the current atmosphere surrounding classroom instruction for contributing to an exodus of teachers from the profession and the state. Last year, Oklahoma approved nearly for teachers to fill vacancies, breaking a previous record, the Oklahoma Voice reported.

鈥淥klahoma has a huge teacher shortage,鈥 Hoover said, 鈥渁nd it’s because teachers are under attack by their own state Superintendent.鈥

One former Oklahoma health teacher got tired of being a target. Describing herself as a 鈥渂lue drop in a red sea,鈥 she said the threat of being reported for discussing racial issues was one reason she left the classroom in 2022. She stopped teaching a lesson about how the slave trade likely contributed to Black Americans鈥 to certain diseases like diabetes and high blood pressure. After parents complained, an administrator encouraged her to drop the material from her curriculum.

鈥淲hat the parents heard was, 鈥榃hite folks did this to Black folks,鈥 鈥 said the teacher, who asked to remain anonymous to protect future job prospects.

UCLA鈥檚 Clark said she expects the new End DEI portal to create a similar chill. 

鈥淭hese mechanisms to surveil and to monitor teachers and principals are ripe for reports that are not serious or not given in good faith,鈥 she said. Ultimately, she said, 鈥渢he purpose is to get people to self-censor.鈥

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Immigrant Advocates Call on Massachusetts AG to Probe Enrollment Discrimination /article/immigrant-advocates-call-on-massachusetts-ag-to-probe-enrollment-discrimination/ Mon, 02 Sep 2024 10:30:00 +0000 /?post_type=article&p=732292 Updated, Sept. 23

Lawyers for Civil Rights and Massachusetts Advocates for Children filed Sept. 18 against Saugus Public Schools seeking the release of records around the district’s admissions policy. The legal advocates claim the policy, which mandates that families fill out the town census among other requirements, disproportionately affects immigrant and other vulnerable student groups. Saugus district officials did not respond to a request for comment.

Just weeks after Massachusetts attorneys flagged two school districts for allegedly denying newcomer students their legal right to an education, researchers examining Oregon and Michigan state data found that English learners were less likely than other students to be enrolled in the core classes they need to graduate. 

Both of these issues were called out in a June undercover investigation by 社区黑料 that revealed rampant enrollment discrimination against older immigrant students. These newer findings show many such barriers remain in various parts of the country. 

Boston-based and asked the state attorney general鈥檚 office on Aug. 28 to investigate Saugus Public Schools for practices they say single out immigrant children: The school system currently bars entry to students whose families did not complete the annual town census. 


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While local census data collection is in Massachusetts, lawyers say it can鈥檛 be tied to student enrollment. 

鈥淲ith school starting in Saugus this week and the School Committee digging in its heels, it is imperative that the Attorney General intervene,鈥 Erika Richmond Walton, an attorney with Lawyers for Civil Rights, said in a statement last week. 鈥淣o child in Massachusetts should be denied the right to an education based on exclusionary policies.鈥 

In an earlier interview, attorneys said that the district also applies overly-stringent residency and proof-of-identity requirements that make it difficult for children 鈥 especially immigrants 鈥 to register, violating their rights under federal and state law. 

The attorney general鈥檚 office said in a statement that “it is in touch with the Saugus School District regarding their school admissions policy,” noting that “federal and state law gives all students equal access to a public education, regardless of immigration status.”

Saugus Public Schools, 11 miles north of Boston, served , up from 2,297 two years earlier. In the 2023-24 school year, English was not the first language of and 13% of students were   The district was in the 2022-23 school year, slightly higher than the state at 24.2%. 

社区黑料鈥檚 enrollment  investigation also found that some school personnel who were willing to admit an older immigrant student wanted to severely limit his participation, including allowing him to take only ESL classes. Researchers in Oregon looked at the practice they call in their own state and Michigan. 

Source: English Learners鈥 Access to Core Content study based on Oregon and Michigan state education department data. Note: All Core indicates students enrolled in English Language Arts, math, science and social studies.

Analyzing statewide data from the 2013-14 to 2018-19 school years, they found that just 55% of English learners in Oregon were enrolled in all the required core classes compared to 69% of those students who had graduated from the English learner program and 67% who were never enrolled in it.

In Michigan, 66% of English learners were enrolled in all of the core classes compared to 71% of former English learner students and those who were never enrolled in the program, according to the most recently available statewide data from the 2011-12 to 2014-15 school years. Under , public schools must ensure that English learners can 鈥減articipate meaningfully and equally in educational programs,鈥 including having access to grade-level curricula so they can be promoted and graduate.

Researchers said race and socioeconomics were critical factors in exclusionary tracking, noting that English learners in Oregon were more likely to take standalone English language development classes and live in poverty than those in Michigan. 

鈥淭he scope of the problem is pretty large,鈥 said Ilana Umansky, an associate professor at the University of Oregon who co-wrote the report. 鈥淚t鈥檚 so important that kids can get through high school and graduate with a regular diploma.鈥

Immigrant advocate Adam Strom called the actions in all three states an outrage.

鈥嬧”Exclusionary tracking and denial of registration for immigrant students not only violate their legal rights,” he said, “but also rob the entire school community of the rich cultural and intellectual contributions these students offer.鈥

Unwelcome to America

Senior reporter Jo Napolitano spent nearly a year and a half calling 630 high schools around the country trying to enroll a 19-year-old newcomer whose education had been interrupted after the ninth grade. Napolitano posed as the student鈥檚 aunt and told schools 鈥淗ector Guerrero鈥 had recently arrived in their district from Venezuela with limited English skills. 

Hector was turned away 330 times, including more than 200 denials in the 35 states and the District of Columbia where he had a legal right to attend based on his age.

Those who refused our test student predicted that he would not graduate, a factor that should not have played a part in such a decision, several state education department officials said. Thirteen states and three major cities have now said they are taking action to bolster newcomer students鈥 educational rights as a result of 社区黑料鈥檚 reporting.

Three schools in Massachusetts, where students have a right to attend until age 21, denied our test student and two more said they were likely to. Education officials there told 社区黑料 last month they would call those districts to discuss the findings, but planned no other statewide corrective measures.

Saugus schools Superintendent Michael Hashem鈥檚 secretary, Dianne Vargas, handles enrollment in the North Shore district. She told 社区黑料 last week that are lawful and that she鈥檚 in regular contact with the state education department and state attorney general’s office. 

She maintained that the requirement that 鈥(f)amilies who move to Saugus must complete the Town of Saugus census鈥 to be eligible to register their children is waived for incoming immigrant students and that the rules were in place before August 2023, when the attorneys say they were adopted.

But, she said, the district does require other forms of paperwork 鈥 all meant to protect these students鈥 welfare.

鈥淲e want to make sure they are with a parent or guardian 鈥 that they actually have someone who is caring for them so we don鈥檛 have doubling up and people aren鈥檛 passing children around,鈥 she said. 鈥淲e have a good amount of scattered living or sheltered students who are refugees or migrants and they cannot be left without guardianship. We have a translator 鈥 we have everything up to date and make sure these people feel welcome.鈥

She said her office asks for 鈥 but does not require 鈥 a birth certificate and medical records. But Diana I. Santiago, a senior attorney and director at Massachusetts Advocates for Children, said Saugus鈥檚 enrollment policies effectively barred at least two immigrant families from enrolling their children in a timely manner, resulting in 鈥渟ubstantial time鈥 out of school. 

The enrollment policy warns that parents, guardians or any others who 鈥渧iolate or assist in violation of this policy by submitting false documentation, aiding, abetting or conspiring to admit a child as a student of Saugus Public Schools, shall be subject to all applicable criminal and civil penalties.鈥 

It also pledges that if a student鈥檚 family moves out of the district during the school year, that student鈥檚 鈥渋mmigration records required by law, shall be transferred immediately to the school in the city or town where they are residing.鈥

It鈥檚 unclear why the district would be in possession of a student鈥檚 immigration records. Schools cannot, under federal law, turn away students based on their , although conservative forces are now looking  . At an Aug. 30 Moms for Liberty gathering, GOP presidential nominee Donald Trump said the country is “being poisoned” and that immigrant students are

Closing doors

Santiago described the language used throughout Saugus鈥檚 enrollment policy 鈥 including terms like 鈥渓egal residents鈥 and 鈥渋mmigration paperwork鈥 鈥 as coded and meant to target the city鈥檚 growing immigrant community. 

Diana I. Santiago, senior attorney Massachusetts Advocates for Children (Massachusetts Advocates for Children)

鈥淚t鈥檚 just inserted there as another way to try to keep students out, especially immigrant students,鈥 she said. 

Massachusetts is generally considered a national leader in education. The state attorney general鈥檚 on its website said it鈥檚 critical they 鈥渆nsure that all children residing in their jurisdictions have equal access to public education鈥 by allowing them to enroll and attend school without regard to race, national origin, or immigration or citizenship status. They must also avoid information requests 鈥渢hat have the purpose or effect of discouraging or denying access to school鈥 based on those factors.  

In another Bay State case that set off alarms in late July, Norfolk Town Administrator said a change in the state鈥檚 emergency shelter system meant children temporarily housed at one location 鈥渨ill not be enrolled in Norfolk Public Schools or the King Philip Regional School District.鈥 After pushback from immigrant advocates, he . 

社区黑料鈥檚 investigation revealed a litany of ways that districts make enrollment arduous or unwelcoming for immigrant students. A principal in Green River, Wyoming, said our test student could be admitted but 鈥渨ouldn鈥檛 get to participate in extracurriculars,鈥 while a Caldwell, Idaho, principal said he would 鈥渕aybe鈥 allow him to enroll in math and science classes, but not English or history.

The Oregon researchers said the practice of keeping English learners out of core classes is significant and undermines , a pivotal 1974 Supreme Court case that requires districts to  

Umansky and co-author Karen D. Thompson, associate professor at Oregon State University, have researching educational inequity for English learners.

Thompson said exclusionary tracking goes against high schools鈥 mission to graduate students college and career ready. , they said, can boost student access. 

鈥淲e want students who are classified as English learners to be able to learn and thrive and have all of the opportunities they can,鈥 she said. 鈥淚f their access to core content is restricted, some future doors might be closed to them.鈥 

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Focusing on 鈥楯oy鈥 in Philly Schools Will Reduce Racial Discipline Disparities, Group Says /article/focusing-on-joy-in-philly-schools-will-reduce-racial-discipline-disparities-group-says/ Wed, 21 Aug 2024 18:01:00 +0000 /?post_type=article&p=731645 This article was originally published in

A Philadelphia group wants schools to focus more on being places of joy as a way to overhaul the culture in district schools, and it鈥檚 relying on parents and community voices for help.

Lift Every Voice, the organization behind this year鈥檚 Joy Campaign, is backing the creation of a to bolster access to recess, the arts, counselors, and the district鈥檚 program to bolster student mental health known as the Support Team for Educational Partnership. The blueprint would also create a Chief of Joy position in the district; in June, the City Council a resolution in Philly schools. The group says this approach to budgeting and community input is crucial for reducing things like disparities in student discipline.

The district has its own federally funded restorative justice program that focuses on student empowerment and engagement. But Lift Every Voice wants its work to be broader by auditing whether collective punishments like enforced quiet times and limited recess in schools contribute to inequities and an anti-Black environment. Parent surveys conducted by Lift Every Voice from earlier this year show that student mental health and school climate and environments are still major concerns that the district must address, the group says.


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Ultimately, it

鈥淭he school system is a closed system that doesn鈥檛 want to be told what to do and we鈥檙e starting to force them to come to grips with our voice that鈥檚 not going away,鈥 said Wes Lathrop, Lift Every Voice鈥檚 organizing director.

Councilmember Kendra Brooks, who co-sponsored the June resolution, sees the campaign as a way to help schools embrace cultural differences, and as a way to to reduce disparities and biases, including those held by adults.

鈥淲e have to find a way to embrace the model and make it part of the normal cultural norms,鈥 Brooks said. 鈥淎 project we鈥檙e taking on has to be embedded. The only way we do that is consistency and sustainability, and oftentimes we haven鈥檛 seen that.鈥

Lathrop sees community involvement in restorative justice as a two-way street, pointing to the importance for all citizens of having students who are well-prepared for the job market and post-graduation life: 鈥淧arents can be a real guiding powerful force to really shape the future of the district.鈥

Susan McLeod, a Philadelphia public schools parent, got involved with Lift Every Voice because of issues her child was facing. She feels crucial decisions are made in the district without any parent involvement, such as announcements of district school closures more than 10 years ago that took her completely off guard. The group has helped her feel empowered on her own and her child鈥檚 behalf.

鈥淚t鈥檚 important for us to lay this foundation for our kids to have a better learning experience as young as elementary school,鈥 McLeod said.

Racial disparities in student discipline represent one particular concern. The district has adopted practices rooted in restorative justice, an approach to discipline that emphasizes conflict mediation between students and other forms of resolving conflicts as alternatives to student suspensions and expulsions.

Overall suspensions have declined in Philadelphia public schools recently: The percentage of students with at least one suspension in a school year has dropped from about 11.5% in 2013 to about 5.7% in 2023. But over that same period, Black and Hispanic students were suspended at higher rates relative to their total enrollment than white students, according to data from the .

The district鈥檚 Relationships First initiative started in 2019 and expanded in 2023 to include more schools. It鈥檚 focused on developing students as leaders in restorative justice efforts and trains teachers to guide students in that work.

鈥淔olks have the opportunity to engage in restorative conversations 鈥 and to be able to provide alternatives to suspension across the entire district,鈥 said Luis Rosario, assistant director of school climate and culture for the district. 鈥淚 do think it鈥檚 a testament to the leadership of our school district to move in that direction.鈥

These efforts dovetail with another led by Healing Futures. Healing Futures is operated by the nonprofit Youth Art & Self-Empowerment Project that receives case referrals from the Philadelphia District Attorney鈥檚 office in place of a legal charge. In programs that last a minimum of eight weeks with mentor participation, students attend weekly discussions about their values and community and how to take accountability for the harm created by the student鈥檚 actions.

鈥淲e want to make sure that as many different perspectives of a situation can come into the room and offer their insight and support collectively,鈥 said Hanae Mason, who is shadowing Healing Futures as part of her work as a to improve systems serving youth.

Building students鈥 agency and perspective can take different forms and lead to various outcomes.

Mary Libby, former principal at what鈥檚 now the Marian Anderson Neighborhood Academy, worked to introduce restorative justice practices and noticed students taking on more responsibility after formal restorative sessions. Students led the push when in honor of singer and local civil rights activist Marian Anderson, Libby said.

鈥淚n order for us to collectively move forward in a restorative and inclusive way, we need to trust and let the kids lead that process,鈥 Libby said.

Malachi Grogan, an incoming seventh grader at Anderson who helped lead efforts to change the school鈥檚 name, is proud of the trust he has created with his peers where he can now lead restorative or cooling conversations.

鈥淚f we talk about it then we can get to know how people are feeling,鈥 Grogan said. 鈥淎nd if we don鈥檛 know how people are feeling, how are we supposed to help them?鈥

Correction, Aug. 8, 2024: This article has been updated to clarify that Healing Futures is not led by the district attorney鈥檚 office, but is part of the nonprofit Youth Art & Self-Empowerment Project. It receives case referrals from the district attorney鈥檚 office but is not part of city government.

This was originally published by Chalkbeat. Chalkbeat is a nonprofit news site covering educational change in public schools. Sign up for their newsletters at .

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States Move to Correct Enrollment Discrimination After 社区黑料鈥檚 Investigation /article/from-new-mexico-to-michigan-states-take-action-after-74-investigation-reveals-rampant-enrollment-discrimination/ Thu, 08 Aug 2024 10:30:00 +0000 /?post_type=article&p=730983 Thirteen states and three major cities are taking added steps to protect and promote immigrant students鈥 educational rights in direct response to an undercover investigation by 社区黑料 that revealed rampant enrollment discrimination against older newcomers. 

Senior reporter Jo Napolitano spent nearly a year and a half calling 630 high schools in every state plus Washington, D.C. to test whether they would admit a 19-year-old Venezuelan transplant who spoke little English and whose education was interrupted after ninth grade. Using her own name, she told school officials the new arrival was her nephew, that he had recently moved to their district and was eager to resume his studies. 

鈥淗ector Guerrero,鈥 a stand-in for others like him, was refused 330 times, including more than 200 denials in states where he had a legal right to attend according to his age. Many schools, including those that reluctantly accepted him, tried hard to steer Hector to GED programs, adult education or community college 鈥 anything but public school.

社区黑料鈥檚 investigation, which exposed a pervasive hostility and suspicion toward older newcomers, proved enrollment for this group is arbitrary across the map, with little consistency within states, counties or school districts: Staffers within the very same building sometimes disagreed. 

And those answering these high-stakes enrollment questions 鈥 from temporary office workers to school principals 鈥 often provided bad information. 

Almost all 50 states and D.C. have laws establishing a maximum age for public school enrollment. In 35 states and the District of Columbia, general education students can attend high school to at least 20 鈥 often to 21. 

社区黑料 reached out to 25 states and the U.S. Capitol where Hector was within the maximum enrollment age but faced a high volume of rejections to alert education department officials to our findings.

鈥淚t is very concerning that there is confusion among school districts about this issue,鈥 said Jackie Matthews of the Illinois State Board of Education. 鈥淲e are updating our enrollment to clarify the maximum age of enrollment and are issuing additional guidance to address specific questions about enrolling newcomer students. We hope to bring greater clarity to the field.鈥

Illinois, where students can stay in high school until age 21, had among the highest refusal rates of any state in the country 鈥 25 out of 32 schools turned Hector away.

Nonprofit Hope Chicago tells 1,700 Benito Juarez Community Academy students in 2022 that it has raised funds to cover their college tuition. (Benito Juarez Community Academy)

In Chicago alone, he was rejected by seven out of eight high schools 鈥 and was likely to be refused by one other. Among the rejections: Benito Juarez Community Academy, founded in 1977 when a group of Latina mothers in their neighborhood.

鈥淲e are concerned anytime we hear reports that a prospective student and/or family member may have been turned away from their right to a free public education,鈥 a spokeswoman for the city鈥檚 public schools, which serve , wrote in an email. 鈥淲e have shared the findings on specific schools and are doubling down on our efforts to ensure those particular schools 鈥 and all staff 鈥 understand the law and our own CPS policies.鈥

The school system, like many other districts and state education departments around the country, noted it has long taken steps to educate staff about newcomers鈥 rights. Chicago Public Schools, which at the district level has 鈥 many arriving to the city after being bused from southern states 鈥 called it 鈥渁 matter of rightful presence.鈥

The New Mexico Public Education Department鈥檚 general counsel drafted a memorandum to all districts and charters outlining their legal obligations to these and other students. A spokeswoman there confirmed the action is in response to 社区黑料鈥檚 findings. The memo was sent out in early August.

鈥淪chool districts and charter schools have a responsibility to educate these students regardless of  their relative academic ability or likelihood of success,鈥 it reads. 鈥淭hey are entitled to receive as much education as other students, until graduation or equivalent, or aging out of the public school system.鈥 

State education officials in Michigan say they need additional legislative action to guarantee students鈥 rights. Spokesman Bob Wheaton said current state law is silent on whether districts must enroll prospective students who will turn 19 or 20 during the school year 鈥 even though the law states such students are eligible to attend and school districts receive state aid for supporting them. 

鈥淪tate law says these students are eligible to attend but doesn鈥檛 say schools must enroll them,鈥 Wheaton wrote. 鈥淭hat鈥檚 why we support legislation to change that.鈥 

Hector was turned down by 11 of 16 Michigan high schools with one other saying it would likely refuse him. Wheaton said a team of staffers within the department is working to explore and recommend a change to the statute鈥檚 language.

He said 社区黑料鈥檚 investigation 鈥渟hines a light on the need for states to improve not just their policy in this area but the implementation of their policy.鈥

Officials in D.C., where Hector was rejected by 6 out of 7 schools, also vowed to take action on the issue before the start of the academic year. The Office of the State Superintendent of Education will 鈥渆nsure staff consistently share key resources and information with any student or family that contacts a school about enrollment, so that the correct process can be followed and the student enrolled,鈥 a spokesman wrote. 

社区黑料 called 20 high schools in Georgia, where students have a right to attend until age 21, and received 14 refusals and two likely rejections. The state education department did not pledge to take any additional steps to ensure immigrant students鈥 rights based on our findings 鈥 but the Atlanta Public Schools had a starkly different reaction. 

A district administrator who works with multilingual learners reached out to 社区黑料 two days after our story published and said the 50,000-student school system had been “diligently educating our registrars to ensure no eligible student is denied enrollment in our district.” She said it intended to take further steps based on our findings. 

State education department officials in Minnesota, Kansas, Missouri, Ohio, Mississippi and South Carolina said they will reach out to all of the individual schools that refused Hector 鈥 in addition to numerous other measures 鈥 while Colorado said it will contact the districts as a whole.   

Colorado will also advise school superintendents of their responsibility toward these students at upcoming presentations and conferences, a spokesman said. It will highlight enrollment in the commissioner鈥檚 monthly communication to superintendents for August and include periodic reminders throughout the school year.

鈥淵our reporting showed that a number of our school divisions could use a refresher on the current enrollment requirements.鈥

Virginia Department of Education official 

Virginia, where Hector was accepted by just 1 out of 11 schools, also pledged to act on our findings. 

鈥淵our reporting showed that a number of our school divisions could use a refresher on the current enrollment requirements, so we are using the start of the school year as an opportunity to remind all divisions of the obligations involving enrollment,鈥 state education officials said. 鈥淚t is not something we would usually send.鈥

The North Dakota Department of Public Instruction holds an annual workshop in the summer for school administrators, typically in August, to help prepare for the new school year. At this year鈥檚 gathering, a spokesperson said, the department will remind administrators of the state law about maximum age for school admittance 鈥 and ask that they ensure staffers who handle enrollment are made aware of it. 

North Dakota must admit all students who have not turned 21 by Aug. 1 of that school year.

鈥淭his reminder will certainly be verbal and I suspect there will also be a written reminder as well,鈥 the spokesperson said. 鈥淚鈥檓 sure your story will be mentioned.鈥

The department has also reached out to the two high schools that refused Hector. 

社区黑料 contacted a minimum of five high schools in each state. Napolitano then added hundreds more in various locations across the country based primarily on the number and percentage of Hispanic and immigrant residents living there. The calls, which numbered in the thousands, were made between February 2023 and May 2024. They were recorded in those states that allow for one-party consent. 

Roughly 1.1 million people ages 18 to 20 entered the United States between 2012 and 2021, according to the Migration Policy Institute. 

社区黑料 aimed to expose how schools handle enrollment requests for older immigrant  students in this openly xenophobic era, one in which the southern border has become a and more and more Americans say for the country despite newcomers bring. 

Conservative forces have been from school for . They now want schools to collect information on students鈥 immigration status when they enroll and charge tuition for undocumented children or the children of undocumented parents. Such steps would defy 鈥 and potentially set the stage to overturn 鈥 Plyler v. Doe, the landmark 1982 Supreme Court ruling that a child cannot be denied a public education based on immigration status. 

Texas, which has and is constantly pushing for even more , had among the worst acceptance rates in the nation: 18 of 29 schools refused to admit Hector. Two others said they were likely to turn him away. 

The Texas Education Agency said it shared 社区黑料鈥檚 findings with the state鈥檚 Special Investigations Unit. It’s unclear what action may be taken. In Texas, where roughly is an immigrant, students can remain in high school until age 21 and, if a school district accepts them, . 

State education officials in Alaska, Hawaii and Maine 鈥 where Hector was denied by 16 of 27 total schools 鈥 did not respond to repeated calls and emails asking for comment. 

Educators and advocates from across the country reached out to 社区黑料 on their own shortly after our June 17 investigation was published to report that these discriminatory enrollment practices were widespread 鈥 sometimes involving immigrants as young as 17.

Executive Director of World-Class Instructional Design and Assessment (University of Wisconsin-Madison)

Several said they were heartened to hear at least some states are moving quickly to re-enforce the law.

鈥淚 believe that when people are reminded of the facts and stop to think about the importance of allowing all students to pursue an education, they will push for positive change,鈥 said student immigration advocate and policy expert Timothy Boals. 

Adam Strom, of Re-Imagining Migration, said immigrant students still face barriers once they enter school, but getting through the door is a crucial first step.

鈥淭hat work begins, but does not end, with ensuring that all eligible students have unfettered access to education,鈥 he said. 鈥淭here is more work to be done to ensure equitable educational opportunities, however this is a hopeful start.鈥

This story was produced with support from the Education Writers Association Reporting Fellowship program.

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Days from Start of New Title IX Rule, Courts Offer Divided Map of Red and Blue /article/days-from-start-of-new-title-ix-rule-courts-offer-divided-map-of-red-and-blue/ Thu, 25 Jul 2024 10:30:00 +0000 /?post_type=article&p=730286 Updated

A federal district court judge in Missouri has blocked implementation of the Biden administration鈥檚 new Title IX rule in six additional states 鈥 Arkansas, Iowa, Nebraska, North Dakota and South Dakota.

The , ordered late Wednesday, brings to 21 the total number of states where the U.S. Department of Education can鈥檛 enforce the rule on Aug. 1.

Judge Rodney W. Sippel, a Clinton nominee, said the plaintiffs have a 鈥渇air chance鈥 of demonstrating that the department 鈥渆xceeded its statutory authority鈥 by using the Supreme Court’s decision in Bostock v. Clayton County to expand Title IX protections to LGBTQ students. 

Ravina Nath, a recent graduate of Gunn High School in Palo Alto, California, originally included Rice University in Houston on her short list of colleges to attend this fall. With an interest in neuroscience, she was drawn to its top-ranked biomedical engineering program. 

That was before Texas became one of to sue the U.S. Department of Education  over its new Title IX rule. The regulation extends protections against discrimination and harassment to LGBTQ students and requires prompt investigations into students鈥 complaints.

Instead, she鈥檒l attend Barnard College in New York City.

鈥淚 need to be in a place where I would feel like my school supported me,鈥 said Nath, who became a in high school. At Rice, some students to how officials handled complaints of sexual misconduct. And she ruled out the University of Georgia, a 鈥減otential safety school,鈥 because it to make data on such investigations public. Several of her friends made similar calculations when narrowing down school choices. 


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鈥淢y friends who are survivors and who are LGBTQ+ students applied to schools on the West Coast or the Northeast,鈥 she said. 鈥淚 don’t think any of my friends applied to school in .鈥

Ravina Nath, who graduated this year from a Palo Alto, California, high school, based her college decision on where the Biden administration鈥檚 new Title IX rule is going into effect. (Courtesy of Ravina Nath)

With the new rule set to go into effect Aug. 1 鈥 just seven days away 鈥 a flurry of lawsuits has once again turned the map of the United States into a familiar patchwork of red and blue.

District courts have blocked the regulation in 15 Republican-led states. In the most recent development, the on Monday asked the U.S. Supreme Court to allow all but related to gender identity issues to go into effect in 10 of those states after two appellate courts denied earlier requests. 

Complicating the legal math further, in an earlier action, a federal judge in Kansas the rule just at serving children of current and future members of the conservative Moms for Liberty and students involved in , another advocacy organization opposed to trans girls competing on teams consistent with their gender identity. Moms for Liberty sees the ruling as an expansion opportunity: On Tuesday, the group tied to Title IX.

Twenty-six states sued to stop the U.S. Department of Education from implementing its new Title IX rule on Aug. 1. Courts have so far blocked the rule from going into effect in 15 states. (Meghan Gallagher)

With the legal landscape changing daily, some experts think the Education Department should take a step back and delay the rule.

鈥淔or schools, universities and students, it’ll calm things down,鈥 said Sandra Hodgin, who runs a Title IX consulting firm in Los Angeles. 鈥淲hat are we talking about, 75% of the country not implementing Title IX and only 25% of the country implementing it?鈥

A spokesperson said the department has no plans to skirt the Aug. 1 deadline. On Tuesday, it sent schools a list of 鈥溾 and a on how to draft policies to comply.   

For now, the Supreme Court is considering whether to lift the temporary pause on the rule in the affected states.

The far larger question is what the justices might decide if and when they consider the substance of the rule itself. In addition to expanding protections to LGBTQ students, the new rule largely replaced one issued under former Education Secretary Betsy DeVos. That regulation narrowed the definition of sexual misconduct and required live hearings so male students could face their accusers. 

W. Scott Lewis, managing partner with TNG Consulting, which trains districts across the country on Title IX, has advised red states covered by an injunction, like Wyoming and Idaho, that they鈥檙e currently bound by the 2020 regulation.

But that could change quickly. 

鈥淚t鈥檚 a race to the Supreme Court right now,鈥 he said.

W. Scott Lewis, managing partner with TNG Consulting, advises districts how to navigate the uncertainty around the new Title IX rule as court challenges continue. (TNG Consulting)

鈥楤igger than sports鈥

Some families with LGBTQ students aren鈥檛 waiting for the legal drama to run its course. They鈥檝e already to escape laws that bar trans students from using bathrooms or playing on sports teams consistent with their gender identity. Several have moved to the Denver metro area, where Lewis lives, to attend schools in a state that is not challenging the rule.

鈥淲e have more than a handful of students at my kid鈥檚 high school who moved here from Wyoming, from Kansas, from Iowa,鈥 he said. 

Most of the controversy surrounding Title IX focuses on trans students鈥 participation in sports, a part of the rule that the U.S. Department of Education has delayed addressing until after the election. But in Lewis鈥檚 estimation, that issue is 鈥渂igger than sports.鈥 

鈥淚f I’m in a state that won’t let me compete, I’m probably not in a state that’s very friendly to LGBTQ students on the whole,鈥 he said. 鈥淚’m far more likely to just move on.鈥

In blue states set to implement the new rule, many conservative parents say their children鈥檚 rights are also at stake. 

They鈥檙e concerned students would be disciplined for not using LGBTQ kids鈥 preferred pronouns, forced to censor their speech or share bathrooms and locker rooms with trans students.

Hillary Hickland, a mother of four in central Texas, moved her children out of the Belton Independent School District partly because she felt there was too much emphasis on students鈥 gender identity. Her sixth grade daughter told her that teachers encouraged a friend to identify as a boy and use a boy鈥檚 name without the parents鈥 knowledge. 

鈥淒on’t do it behind the backs of the parents. That’s a huge violation of trust,鈥 she said. As a Republican running for the Texas House, she鈥檚 concerned about sexual orientation and gender identity becoming part of Title IX. 鈥淲e have the federal government dictating what goes on in our local public schools. It really undermines the neighborhood school and that culture that we’re trying to preserve.鈥

鈥楴ine months behind鈥

Lewis predicts the Supreme Court will eventually follow its precedent in , which said that at least in the workplace, LGBTQ employees are protected from discrimination. The Biden administration鈥檚 new rule rests on that decision.

, who wrote that majority opinion, 鈥渃an鈥檛 undo Bostock. He said sex means LGBTQ rights,鈥 Lewis said. In red states where the rule is on hold, districts 鈥渂etter be ready to implement very quickly because [they鈥檙e] going to be nine months behind everyone else.鈥

If the court also decides to address sports participation 鈥 an expected part of the regulation the administration has yet to issue 鈥 Lewis said it鈥檚 possible the justices would rule similar to the way they handled , leaving it to the states to determine when trans students can compete on teams consistent with their gender identity. 

He called that a 鈥渘ightmare scenario鈥 because it would 鈥渃reate a world where athletes could compete in some states but not others.鈥 And at the college, NCAA level, 鈥渢here will be all sorts of questions that can’t be limited to state borders,鈥 said Joshua Dunn, executive director of the Institute of American Civics at University of Tennessee, Knoxville. 鈥淭hey鈥檒l have to address that, too.鈥

Dunn also suggested the conservative court might not follow Bostock and could treat LGBTQ issues differently at school than they do in the workplace. He noted cases, like , where the court put limits on students鈥 First Amendment rights in schools 鈥渢hat it would never allow outside of K-12 education.鈥 

In May, the “Take Back Title IX” tour bus made its first stop in Scranton, Pennsylvania, rallying against the participation of trans athletes in women’s sports. (Aimee Dilger/Getty Images)

Overturning 鈥楥hevron鈥

Another recent Supreme Court decision, unrelated to education, adds an additional layer of uncertainty to the debate over Title IX鈥檚 future 鈥 one that could affect both sides. 

In , the court overturned what was known as 鈥淐hevron deference,鈥 which gave federal agencies broad authority to interpret ambiguous laws through guidance and regulations. The decision gives federal courts more power to explain the law when it鈥檚 unclear, and experts say, should end 鈥.鈥

The Obama administration first issued a in 2011 stating schools鈥 obligations to protect students from sexual violence and harassment, which the Trump administration largely reversed in 2020, followed by yet another 180 in the spring by Biden鈥檚 education department.

Republicans have Education Secretary Miguel Cardona that they will review the department鈥檚 rules since President Joe Biden took office,  including Title IX. GOP leaders call the rule 鈥渙verreach.鈥 

The conservative Heritage Foundation鈥檚 , largely assumed to be a legislative blueprint for a second Trump term,would remove the terms sexual orientation and gender identity from 鈥渆very federal rule, agency regulation, contract, grant, regulation and piece of legislation that exists.鈥

But if Trump tries to reinstate the DeVos rule, Democrats could use Loper Bright to bring the same challenge, Lewis said.

鈥淚f you 鈥 say the department does not have the authority, then the 2020 regulations don鈥檛 count either,鈥 he said. 鈥淚t was exactly the same procedure.鈥 

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Older Immigrant Students Say High School Admission Bettered Their Lives in U.S. /article/older-immigrant-students-say-high-school-admission-bettered-their-lives-in-u-s/ Wed, 19 Jun 2024 20:30:00 +0000 /?post_type=article&p=728727 Melvin Martinez was nearly 23 years old when he enrolled in the 12th grade at Rudsdale High School in Oakland, California.

Originally from El Salvador, he attempted school years earlier, entering the ninth grade at age 17. But he dropped out two and a half years later: Already a parent, he struggled with managing his studies and fatherhood.

鈥淚 didn鈥檛 think about it, if it was a good decision or a bad one,鈥 Martinez said. But after toiling away at a local Mexican restaurant for years, not making any real progress in life, he came to regret the move. 

Three years after he quit school, his former math teacher came to his workplace by chance and asked Martinez how he was doing. When the young man said he lamented his decision to give up on his education, the teacher told him it wasn鈥檛 too late to re-enroll. 

Martinez knew it was his last chance: Half a decade older than his classmates, he took school seriously, earning straight A鈥檚. Now 24, he is chipping away at business classes at the College of Alameda and encourages high schools across the country to open their doors to older, new arrivals like him.

鈥淭here are a lot of people who are very, very smart but don鈥檛 have the opportunity to continue school,鈥 he said. 鈥淚f we can help those guys who are very motivated to continue, let鈥檚 do it. It will be good for the country, too.鈥

But a 16-month-long undercover investigation of enrollment practices at 630 high schools across the country 鈥 in which 社区黑料 tried to register a 19-year-old Venezuelan newcomer who spoke little English and whose education had been interrupted after ninth grade 鈥 revealed rampant refusals.

Our test teen, 鈥淗ector Guerrero,鈥 was denied more than 300 times, including by 204 schools in the 35 states and the District of Columbia where high school attendance goes up to at least age 20. State education officials in almost all these locations separately confirmed to 社区黑料 that a 19-year-old could not be turned away because of his age.

None of the 35 California high schools queried by 社区黑料 accepted Hector: The state provides no protection for general education students who wish to enroll past 18, making Martinez鈥檚 experience all the more remarkable. 

The young man said he will never forget the teacher who encouraged him to re-register. 

鈥淵ou may think those are little things that are not important, but in those little things, you can change people鈥檚 future,鈥 he said. 

Martinez鈥檚 brother, Javier, understands that lesson well. Now 28 years old, he didn鈥檛 know he could have enrolled in high school when he came to the United States more than a decade ago. The network of recent immigrants who helped him secure work upon his arrival at 17 never mentioned the possibility, he said. He wishes someone had. 

Melvin Martinez and his brother, Javier, stand with a young family member. (Javier Martinez)

鈥淚 always said I wanted to go to high school, learn more English, learn something different,鈥 he said. 

A house painter by trade, he would much rather work in gastronomy. 

鈥淚 would love to teach nutrition and how to cook, something like that,鈥 he said. 鈥淚鈥檇 like to know more about the food in other countries.鈥 

But everyone told him that not having finished high school in America would make it nearly impossible for him to attend college. So, he鈥檚 adjusted his expectations to meet his opportunity. 

Alanys Zacarias, 22 from Venezuela, talks about being denied admission to high school. (Jo Napolitano)

Alanys Zacarias, 22, knows what it鈥檚 like to be trapped by the limits of her education. She was turned away by a South Carolina high school at age 18, she said, even though enrollment goes up to age 21 in that state, according to statute. She had already amassed the necessary paperwork and was preparing to get all of the required immunizations when the school dealt an unexpected blow. 

Alanys Zacarias, 22 and from Venezuela, inside the Walmart where she works part-time. (Jo Napolitano)

Zacarias, who learned English two years ago in part by watching 19 seasons of Grey鈥檚 Anatomy, said her life would be much better today had staffers let her in. An ambitious climber who said she鈥檚 mastered new tasks with ease at both her jobs 鈥 one at a high-end pan factory, the other at a Charleston-area Walmart 鈥 Zacarias believes she would have already earned an associate鈥檚 degree or would be closing in on a bachelor’s.

Most importantly, she鈥檇 have the money to bring her mother and younger sister here from Venezuela, where daily life is a crushing struggle. The South American country鈥檚 . Water shortages and electrical outages are near weekly plagues. 

It鈥檚 hard for Zacarias to think back to her refusal from Goose Creek High School because it upended her plans. 

鈥淲hen he said no, I said, 鈥楻eally?鈥欌 she recalled on an April afternoon, adding she had no idea school enrollment would be so difficult. 鈥淚 thought this is easy. All I wanted to do was go to high school. When he told me no, I thought, 鈥榃hat am I going to do now?鈥 I was upset. I want to be somebody here.鈥

A Goose Creek school spokesperson said it welcomes students from across the globe and had no comment on Zacarias鈥檚 account of her failed enrollment attempt. 

But the would-be student said the encounter has kept her from pursuing her dreams: A freak accident as a child left Zacarias missing a front tooth, prompting a years-long odyssey to replace it 鈥 and a deep interest in dentistry. For now, though, her goals will have to wait. 

鈥淲hen she (her mother) comes here and she鈥檚 ready and she鈥檚 safe 鈥 she will work and my sister can learn English 鈥 that will be the time for me,鈥 she said. 鈥淚 want to try to help my mom and then try to help me.鈥

Monica Venegas was also intent on enrolling when she arrived on her own in South Carolina at age 20. She was accepted with ease at R.B. Stall High School in 2022. The campus is less than eight miles from the school that turned away Zacarias.

Monica Venegas, 21, enrolled in a South Carolina high school at the age of 20. She started in the 12th grade, taking four English classes in a single year before graduating in May 2023. She went on to college, taking five courses this fall before halting her studies so she could find work to pay for more classes. (Maxwell Vittorio)

Venegas, who hails from Chile, had to complete four English courses in a single year 鈥 this, on top of American history and government 鈥 to graduate in May 2023. It was an enormous challenge, she said.

鈥淲hen I came here, I heard people talking in English and I thought, 鈥極h my God, this is so difficult鈥,鈥 she recalled this spring inside her apartment in Ladson, 20 miles north of Charleston. 

But she made a wide circle of friends at school, including several native Spanish speakers whose lives seemed to mirror her own. It was their support that emboldened her to speak English, even when she made mistakes. 

鈥淭hey helped me to feel good about myself and make me feel more sure about myself,鈥 she said. 

Venegas, an aspiring ESL teacher who said she loves kids and wants to help other newcomers, went on to win a partial scholarship to Charleston Southern University. 

She completed five classes there last year, including in math and American culture. But, like many students around the country overwhelmed by college costs, she was forced to halt her studies in December to earn money for tuition. 

Monica Venegas, 21, with her McDonald鈥檚 cap in her South Carolina apartment. (Maxwell Vittorio)

Venegas has worked at McDonald鈥檚 for more than a year and a half, pulling in $13 an hour. She hopes to resume classes this fall, though she鈥檚 not sure how she鈥檒l pay for them. 

No matter her next steps, she is grateful for her time in high school: There is no way, she said, that she could have gone on to college without it. 

Kharrel Medza, born in Cameroon, played D1 soccer for Gardner-Webb University in North Carolina. (Gardner-Webb University)

Kharrel Medza, 25, was 7 years old when he left Cameroon for Belgium 鈥 and 17 when he entered the ninth grade in suburban Houston. Medza, fluent in French and German and equivalent to a 12th grader back home, knew nothing of English.  

鈥淚 had to start from scratch,鈥 he said. 鈥淪o the best way was to take a step back and get every foundation needed. At that time I was a little bit frustrated. But it didn鈥檛 take me too long to understand what I needed to be successful here in the U.S.鈥

High school was essential, even if he was far older than his peers, he said. 

鈥淭he beginning was the hardest with the language barrier,鈥 he said. 鈥淏ut I was so immersed into the English world, everything was in English: I had no choice but to figure it out. Eventually, after five or six months, I got comfortable with conversation.鈥

Medza spent three years in high school before graduating in 2019. He then went on to college, playing D1 soccer at Gardner鈥揥ebb University in North Carolina before transferring to Houston Christian College in Texas.

Having studied finance, he graduated this spring and hopes to work in business or banking. 

But some students like Medza are kept from such milestones, prevented from entering high school at all, based, in part, on biases specific to older male teens: that they might prey upon their younger female classmates. 

Medza balked at the notion that his focus was anywhere other than academics. His strict parents had clear expectations of what he needed to accomplish 鈥 as did he.   

Medza said he 鈥渃an never be grateful enough” for the opportunity that high school gave him. The idea that he or other students could lose out on that because of such prejudices troubles him.

“Denying education to someone is a crime,” he said.

This story was produced with support from the Education Writers Association Reporting Fellowship program.

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La Admisi贸n a la Escuela Secundaria Mejor贸 sus Vidas en EE. UU, Dicen Estudiantes Inmigrantes Mayores /article/la-admision-a-la-escuela-secundaria-mejoro-sus-vidas-en-ee-uu-dicen-estudiantes-inmigrantes-mayores/ Wed, 19 Jun 2024 20:30:00 +0000 /?post_type=article&p=728825 Melvin Mart铆nez estaba por cumplir 23 a帽os cuando se matricul贸 en el duod茅cimo grado en la escuela secundaria Rusdale en Oakland, California.

Oriundo de El Salvador, Martinez hab铆a intentado previamente, matricul谩ndose a su noveno grado teniendo 17 a帽os. Pero dos a帽os y medio m谩s tarde se di贸 de baja: ya siendo padre, tuvo dificultad manejando sus estudios y su nuevo rol paternal.  

鈥淣o lo pens茅, si hab铆a sido buena o mala decisi贸n,鈥 dijo Mar铆nez. Pero tras a帽os trabajando incansablemente en un restaurante local Mexicano y sin lograr progresar mucho en su vida, termin贸 arrepinti茅ndose de su decisi贸n.  


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Tres a帽os despu茅s de abandonar la escuela, su maestro de matem谩tica pas贸 por su trabajo y le pregunt贸 a Mart铆nez c贸mo le iba todo. Al joven compartir que se hab铆a arrepentido de haber abandonado su educaci贸n, el maestro le dijo que no era demasiado tarde para volver a matricularse. 

Mart铆nez supo entonces que esta era su 煤ltima oportunidad: siendo media d茅cada mayor que sus compa帽eros se tom贸 la escuela en serio, alcanzando obtener A ‘s en todas las materias. Ahora con 24 a帽os, est谩 completando sus clases de negocios en el Alameda College y haciendo un llamado a las escuelas superiores del pa铆s a abrir sus puertas a estudiantes mayores y nuevos, como 茅l.

鈥淗ay muchas personas que son muy, muy inteligentes pero no tienen la oportunidad de continuar con la escuela,鈥 dice. 鈥淪i pudi茅ramos ayudar a los que est谩n motivados a continuar, hag谩moslo. Ser谩 bueno para el pa铆s tambi茅n.鈥

Pero una investigaci贸n encubierta de 16 meses en la que El 74 trat贸 de matricular a un venezolano de 19 a帽os que hablaba poco ingl茅s y cuya educaci贸n hab铆a sido interrumpida despu茅s de su noveno grado revel贸 negaciones repetidas. 

Nuestro adolescente de prueba, 鈥淗ector Guerrero,鈥 fue rechazado m谩s de 300 veces, incluyendo a 204 escuelas en los 35 estados 鈥 y el distrito de Columbia 鈥 donde la edad para matricularse a la secundaria es hasta al menos los 20 a帽os. Oficiales estatales de educaci贸n en casi todos estos estados confirmaron de forma separada a 社区黑料 que un estudiante de 19 a帽os no pod铆a ser rechazado por su edad.

Ninguna de las 35 escuelas secundarias en California a las que el 74 hizo el acercamiento acept贸 a Hector: El estado no provee protecci贸n legal a la educaci贸n general de los estudiantes que buscan matricularse despu茅s del lapso de atendencia compulsoria hasta los 18 a帽os, lo que hace la experiencia de Mart铆nez m谩s extraordinaria a煤n. 

El joven dice que nunca olvidar谩 al maestro que lo alent贸 a rematricularse. 

鈥淧uedes pensar que son cosas peque帽as y que no son importantes, pero en esas cosas peque帽as, le puedes cambiar el futuro a la gente,鈥 dice Mart铆nez. 

(Melvin Mart铆nez y su hermano, Javier, con un miembro familiar. (Javier Martinez)

El hermano de Mart铆nez, Javier, tiene clara esa lecci贸n. Ahora con 28 a帽os, no sab铆a que pod铆a haberse matriculado en la escuela secundaria cuando vino a Estados Unidos hace m谩s de una d茅cada. La red de recientes inmigrantes que lo ayudaron a encontrar trabajo en su llegada a los 17 nunca mencionaron esa posibilidad, dice 茅l. Desear铆a que alguien se lo hubiera dicho.

鈥淪iempre dije que quer铆a ir a la escuela secundaria, aprender m谩s ingl茅s, aprender algo diferente,鈥 dijo.

Pintor de casas de profesi贸n, preferir铆a trabajar en gastronom铆a.

鈥淢e encantar铆a ense帽ar nutrici贸n y c贸mo cocinar, algo as铆,鈥 dijo. 鈥淢e gustar铆a saber m谩s sobre la comida de otros pa铆ses.鈥

Pero todos le dijeron que no haber terminado la escuela secundaria en Estados Unidos har铆a casi imposible que asistiera a la universidad. As铆 que ha ajustado sus expectativas para adaptarse a su oportunidad.

Alanys Zacarias, de 22 a帽os, sabe lo que es estar atrapada por los l铆mites de su educaci贸n. Dijo que una escuela secundaria de Carolina del Sur la rechaz贸 a los 18 a帽os, a pesar de que por ley, la matr铆cula est谩 permitida hasta los 21 a帽os en ese estado. Ya hab铆a reunido la documentaci贸n necesaria y se estaba preparando para recibir todas las vacunas requeridas cuando la escuela le dio un golpe inesperado.

 Alanys Zacarias, con 22 a帽os de Venezuela, cuenta su experiencia al haber sido negada la admisi贸n a la escuela superior.  (Jo Napolitano)

Zacarias, quien aprendi贸 ingl茅s hace dos a帽os en parte viendo 19 temporadas de Grey’s Anatomy, dijo que su vida ahora ser铆a mucho mejor si la hubieran aceptado. Con una ambici贸n incansable dice haber dominado nuevas tareas con facilidad en ambos trabajos 鈥 uno en una f谩brica de sartenes de lujo y el otro en un Walmart del 谩rea de Charleston鈥 Zacarias cree que ya habr铆a obtenido un t铆tulo de asociado o estar铆a a punto de conseguir un t铆tulo de universitario.

Lo m谩s importante es que tendr铆a el dinero para traer a su madre y a su hermana menor desde Venezuela, donde la vida diaria es una lucha aplastante. La tasa de inflaci贸n  el a帽o pasado. All铆, la escasez de agua y los cortes el茅ctricos son plagas casi semanales.

A Zacarias le resulta dif铆cil recordar su rechazo de la Goose Creek High School porque desbarat贸 sus planes.

鈥淐uando me dijo que no, dije, 鈥樎緿e verdad?鈥欌 record贸 una tarde de abril, a帽adiendo que no ten铆a idea de que la inscripci贸n escolar ser铆a tan dif铆cil. 鈥淧ens茅 que esto ser铆a f谩cil. Todo lo que quer铆a hacer era ir a la escuela secundaria. Cuando me dijo que no, pens茅, 鈥樎縌u茅 voy a hacer ahora?鈥 Estaba molesta. Quiero ser alguien aqu铆.鈥

Un representante de la escuela Goose Creek dijo que dan la bienvenida a estudiantes de todo el mundo y no hizo comentarios sobre la versi贸n de Zacarias acerca de su intento fallido de inscripci贸n.

Pero la estudiante aspirante dijo que el encuentro le ha impedido perseguir sus sue帽os: un accidente extra帽o en su infancia dej贸 a Zacarias sin un diente frontal, lo que provoc贸 una odisea de a帽os para reemplazarlo y un profundo inter茅s en la odontolog铆a. Por ahora, sin embargo, sus objetivos tendr谩n que esperar.

鈥淐uando ella (su madre) venga aqu铆 y est茅 lista y a salvo 鈥 ella trabajar谩 y mi hermana podr谩 aprender ingl茅s 鈥 ese ser谩 el momento para m铆,鈥 dijo. 鈥淨uiero tratar de ayudar a mi mam谩 y luego tratar de ayudarme a m铆.鈥

Monica Venegas tambi茅n ten铆a intenciones de matricularse cuando lleg贸 por su cuenta a Carolina del Sur con 20 a帽os. Entr贸 sin problema a la escuela secundaria R.B. Stall en el 2022. El campus est谩 a menos de ocho millas de la escuela que rechaz贸 a Zacarias. 

M贸nica Venegas en su departamento en Ladson, Carolina del Sur. (Maxwell Vittorio)

Venegas, oriunda de Chile, tuvo que completar cuatro cursos de ingl茅s en uno a帽o, adem谩s de historia Americana y gobierno, para poder graduarse en Mayo del 2023. Fue un desaf铆o enorme, dice ella

鈥淐uando vine aqu铆, y escuchaba personas hablar en ingl茅s, me pensaba 鈥楶or dios, esto es demasiado dif铆cil,鈥欌 recordaba esta primavera en su apartamento en Ladson, a 20 millas al norte de Charleston. 

Pero hizo un c铆rculo de amigos en la escuela, incluyendo a muchos hispanoparlantes, cuyas vidas reflejaban la suya. Fue su apoyo lo que le di贸 la valent铆a para hablar ingl茅s, a煤n cuando comet铆a errores.  

鈥淓llos me ayudaron a sentirme bien sobre mi misma y a tener m谩s autoconfianza,鈥 dice ella. 

Venegas, una aspirante a maestra de ESL que dijo que le encantan los ni帽os y quiere ayudar a otros reci茅n llegados, gan贸 una beca parcial para la Universidad del Sur de Charleston.

El a帽o pasado complet贸 cinco clases all铆, incluyendo matem谩ticas y cultura Americana. Pero como muchos otros estudiantes en el pa铆s, enfrentados a los costos universitarios, se fio forzada a parar sus estudios en diciembre para poder generar ingresos para cubrir su matr铆cula.

Monica Venegas, con 21 a帽os, y su gorra de McDonald鈥檚 en su apartamento en Carolina del Sur. (Maxwell Vittorio)

Venegas ha trabajado en McDonald’s por m谩s de un a帽o y medio, ganando $13 la hora. Espera poder retomar las clases este oto帽o, aunque no est谩 segura de c贸mo las pagar谩.

Independientemente de sus pr贸ximos pasos, est谩 agradecida por su tiempo en la escuela secundaria: No hay manera, dijo, de que hubiera podido ir a la universidad sin eso.

Kharrel Medza, nacido en Camerun, juega futbol D1 para la Universidad de Gardner-Webb en Carolina del Norte. (Gardner-Webb University)

Kharrel Medza, de 25 a帽os, ten铆a 7 cuando se fue de Camer煤n para ir a B茅lgica, y 17 cuando ingres贸 al noveno grado en los suburbios de Houston. Medza, que habla con fluidez franc茅s y alem谩n y era equivalente a un estudiante de duod茅cimo grado en su pa铆s, no sab铆a nada de ingl茅s.

鈥淭uve que empezar desde cero,鈥 dijo. 鈥淎s铆 que la mejor manera fue dar un paso atr谩s y obtener todas las bases necesarias. En ese momento estaba un poco frustrado. Pero no me tom贸 mucho tiempo entender lo que necesitaba para tener 茅xito aqu铆 en los EE. UU.鈥

La escuela secundaria fue crucial, incluso si era mucho mayor que sus compa帽eros, dijo.

鈥淓l comienzo fue lo m谩s dif铆cil por la barrera del idioma,鈥 dijo. 鈥淧ero estaba tan inmerso en el mundo del ingl茅s, todo estaba en ingl茅s: no ten铆a m谩s opci贸n que averiguarlo. Finalmente, despu茅s de cinco o seis meses, me sent铆 c贸modo con la conversaci贸n.鈥

Medza pas贸 tres a帽os en la escuela secundaria antes de graduarse en 2019. Luego fue a la universidad, jugando f煤tbol D1 en la Universidad Gardner鈥揥ebb en Carolina del Norte antes de transferirse a Houston Christian College en Texas.

Despu茅s de haber estudiado finanzas, se gradu贸 esta primavera y espera trabajar en negocios o banca.

Pero algunos estudiantes como Medza son impedidos de alcanzar tales logros, no se les permite ingresar a la escuela secundaria en absoluto, en parte debido a prejuicios espec铆ficos hacia los adolescentes mayores: que depredar谩n a sus compa帽eras m谩s j贸venes.

Medza rechaz贸 la noci贸n de que su enfoque estuviera en algo que no fuera lo acad茅mico. Sus estrictos padres ten铆an expectativas claras sobre lo que necesitaba lograr, al igual que 茅l.

Medza dijo que “nunca podr谩 estar lo suficientemente agradecido” por la oportunidad que le brind贸 la escuela secundaria. La idea de que 茅l u otros estudiantes puedan perder esa oportunidad debido a tales prejuicios le alarma.

“Negarle la educaci贸n a alguien es un crimen,” dijo.

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Over Half of States Sue to Block Biden Title IX Rule Protecting LGBTQ+ Students /article/over-half-of-states-sue-to-block-biden-title-ix-rule-protecting-lgbtq-students/ Tue, 21 May 2024 18:01:00 +0000 /?post_type=article&p=727295 This article was originally published in

WASHINGTON 鈥 Twenty-six GOP-led states are suing the Biden administration over changes to Title IX aiming to from discrimination in schools.

Less than a month after the U.S. Department of Education released its final rule seeking to 鈥渂ased on sex stereotypes, sexual orientation, gender identity, and sex characteristics,鈥 a wave of Republican attorneys general scrambled to challenge the measure.

The revised rule, which will go into effect on Aug. 1, requires schools 鈥渢o take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities.鈥


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The lawsuits hail from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

All of the attorneys general in the 26 states suing over the final rule are part of the Republicans Attorneys General Association.

Various advocacy groups and school boards have also tacked onto the states鈥 legal actions. The lawsuits carry similar language and arguments in vehemently opposing the final rule. They say the new regulations raise First Amendment concerns and accuse the rule of violating the .

LGBTQ+ advocates say the revised rule offers students a needed protection and complies with existing law.

鈥淥ur kids鈥 experience in schools should be about learning, about making friends and growing as a young person. LGBTQ+ students deserve those same opportunities,鈥 Sarah Warbelow, vice president of legal at the LGBTQ+ advocacy group Human Rights Campaign, said in an emailed statement. 鈥淚n bringing these lawsuits, these state attorneys general are attempting to rob LGBTQ+ students of their rights, illustrating a complete disregard for the humanity of LGBTQ+ students.鈥

GOP states band together against new regulations

In the most recent effort, sued the on Tuesday, accusing the Department of Education of seeking to 鈥減oliticize our country鈥檚 educational system to conform to the radical ideological views of the Biden administration and its allies.鈥

The lawsuit claims that under the updated regulations, teachers, coaches and administrators would have to 鈥渁cknowledge, affirm, and validate students鈥 鈥榞ender identities鈥 regardless of the speakers鈥 own religious beliefs on the matter in violation of the First Amendment.鈥

In another lawsuit, a group of Southern states 鈥  鈥 sued the administration in in Alabama over the new regulations.

Republican Alabama Attorney General Steve Marshall President Joe Biden 鈥渉as brazenly attempted to use federal funding to force radical gender ideology onto states that reject it at the ballot box鈥 since he took office.

鈥淣ow our schoolchildren are the target. The threat is that if Alabama鈥檚 public schools and universities do not conform, then the federal government will take away our funding,鈥 Marshall said in a press release.

The lawsuit also drew praise from Republican Florida Gov. Ron DeSantis, who said 鈥淏iden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.鈥 He added that the will 鈥渘ot comply鈥 and instead 鈥渇ight back against Biden鈥檚 harmful agenda.鈥

Individual states sue the administration

Meanwhile, some states have opted to file individual lawsuits against the administration.

In Texas, Republican Attorney General Ken Paxton sued the Biden administration late last month in in Amarillo. Paxton filed an amended complaint earlier this week, with two new added.

In an , Paxton said the Lone Star State 鈥渨ill not allow Joe Biden to rewrite Title IX at whim, destroying legal protections for women in furtherance of his radical obsession with gender ideology.鈥

Gentner Drummond against the Biden administration earlier this month in federal court in Oklahoma. The also filed a separate suit against the Biden administration.

A hodgepodge of states

In late April, Republican attorneys general in filed a lawsuit against the in federal court in Kentucky.

The states argued that the U.S. Education Department 鈥渉as used rulemaking power to convert a law designed to equalize opportunities for both sexes into a far broader regime of its own making.鈥

also sued the Biden administration in late April, echoing the language seen in the other related lawsuits. Seventeen local in Louisiana also joined the states.

Earlier this month, also brought a collective to the final rule.

A spokesperson for the Education Department said the department does not comment on pending litigation but noted that 鈥渁s a condition of receiving federal funds, all federally-funded schools are obligated to comply with these final regulations.鈥 They added that the department looks forward 鈥渢o working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student鈥檚 experience.鈥

The department has yet to finalize a separate rule that establishes new criteria for transgender athletes. So far, 24 states have passed laws that ban transgender students from partaking in sports that align with their gender identity, according to the

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com. Follow West Virginia Watch on and .

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Advocates File Federal Complaint Over ‘Parents’ Bill of Rights Law /article/advocates-file-federal-complaint-over-parents-bill-of-rights-law/ Fri, 02 Feb 2024 18:30:00 +0000 /?post_type=article&p=721507 This article was originally published in

North Carolina鈥檚 adoption of the 鈥淧arents鈥 Bill of Rights鈥 law has led to school-based policies and practices that discriminate against LGBTQ students, the Campaign for Southern Equality (CSE) alleges in a against the State Board of Education and the North Carolina Department of Public Instruction.

The complaint was filed with the U.S. Department of Education鈥檚 Office for Civil Rights and the U.S. Department of Justice鈥檚 Civil Rights Division on Tuesday. It contends that the state鈥檚 public schools are 鈥渟ystematically marginalizing鈥 LGBTQ students with the mandates included in Senate Bill 49. The law requires educators to alert parents if their child changes their name or pronoun at school. It also restricts instruction about gender identity and sexuality in K-4 classrooms.

鈥淯nder the leadership of the North Carolina State Board of Education and the Department of Public Instruction, local school districts are barring LGBTQ-affirming content, outing transgender students, erecting barriers to LGBTQ students receiving needed health care at school as well as support from educators and prohibiting transgender girls from playing athletics consistent with their gender identity,鈥 CSE wrote in its complaint on behalf of LGBTQ students.


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The complaint is critical of Lt. Gov. Mark Robinson for making what CSE contends are 鈥渉omophobic and transphobic鈥 remarks. The complaint shares several Robinson quotes about homosexuality including in which he said: 鈥淭here鈥檚 no reason anybody anywhere in America should be telling any child about transgenderism, homosexuality, any of that filth.鈥

CSE is also critical of State Superintendent Catherine Truitt for her support of SB 49 and House Bill 574, the so-called 鈥淔airness in Women鈥檚 Sports Act,鈥 which restricts transgender females from playing middle school, high school and college sports.

鈥淲hile she [Truitt] avoids ranting about 鈥渇ilth,鈥 she agrees with the Lieutenant Governor [Robinson] that transgender people do not really exist,鈥 the complaint states. 鈥 She consistently refers to transgender women as 鈥渂iological males鈥 and speaks consistently of 鈥済ender preference.鈥

CSE asked federal officials to protect students.

鈥淪BE鈥檚 and DPI鈥檚 implementation of SB 49 and HB 574 is discriminating against LGBTQ students in North Carolina,鈥 the complaint states. 鈥淭his discrimination has created a hostile educational environment that harms LGBTQ students on a daily basis and, in so doing, violates Title IX.鈥

Educators have been left in an impossible position due to SB 49 mandates and a lack of guidance from the state education leaders about how to implement them, the complaint said.

鈥淭hey [educators] must choose between, on the one hand, following state leaders鈥 orders or, on the other hand, federal and state legal obligations as well as their professional obligations to their students,鈥 the complaint states.

NCDPI spokeswoman Blair Rhoades told NC Newsline in December that the department provided information about SB 49 to more than 350 participants via a webinar. Rhoades  the department has provide for guidance with the lengthy title: 鈥淧arents Guide to Student Achievement (PSGA) Considerations from NCDPI: Based on Parents鈥 Bill of Rights 鈥 SB49; Session Law 2023-106.鈥

Meanwhile, the complaint included dozens of testimonials from students, parents, educators and other who shared stories about how the mandates are harming students by forcing LGBTQ students back into the closet and preventing them from receiving supportive services.

One high school student reported: 鈥淚 personally have a supportive family who has put my preferred name in PowerSchool, but my friends are no longer feeling safe going by their preferred name and pronouns because they鈥檙e afraid that they will be outed to their families who are not supportive. These friends are scared for their safety and well-being.鈥

Democratic critics of the law complained that the legislation would have a chilling effect on student and teacher relationships at a time when student mental health is a top concern. But Republican supporters said it grew out of parental concerns about school curriculum parents saw when children were learning from home during the pandemic.

Chapel Hill-Carrboro School member Mike Sharp said SB 49 needs more work.

鈥淚 think a logical next step then would be to send this back to the policy committee with a clear directive from us that says: take out the parts of this that are harmful to children, rewrite it, ignore whether you鈥檙e breaking SB 49,鈥 Sharp said in testimonials shared by CSE.

Last week, Sharp鈥檚 board declined to create a procedure to alert parents before allowing a student to use a different name or pronoun at school. It also declined to prohibit instruction about gender identity and sexuality in K-4 classrooms.

Truitt said there could be consequences for not following the law.

鈥淣o. Sorry. You may not break the laws you don鈥檛 like 鈥 even in Chapel Hill. I worked with the legislature to pass the Parents Bill of Rights to protect children and empower parents and it鈥檚 unacceptable for Chapel Hill or anyone else to ignore it,鈥 Truitt tweeted last week.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. NC Newsline maintains editorial independence. Contact Editor Rob Schofield for questions: info@ncnewsline.com. Follow NC Newsline on and .

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Bills Banning Legacy Admissions Clear Both Virginia Chambers /article/bills-banning-legacy-admissions-clear-both-virginia-chambers/ Wed, 31 Jan 2024 16:01:00 +0000 /?post_type=article&p=721348 This article was originally published in

Legislation banning Virginia鈥檚 public colleges and universities from providing special treatment in admissions decisions to students related to alumni and donors is on track to head to Gov. Glenn Youngkin later this session.

On Tuesday, the Virginia House joined the Senate in passing on a unanimous vote. Both bills, which are identical, must now pass in the opposite chambers before they are sent to the governor for his approval.

Youngkin spokesman Christian Martinez has signaled the governor is likely to sign the measures.


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鈥淭he governor will review any legislation that comes to his desk, but believes admission to Virginia鈥檚 universities and colleges should be based on merit,鈥 he said.

The proposed ban comes after the U.S. Supreme Court ended affirmative action at higher education institutions nationwide in June. Since the court鈥檚 ruling that race-conscious admissions policies at Harvard University and the University of North Carolina were unconstitutional, schools in the commonwealth have begun changing their admissions policies.

by think tank Education Reform Now found 鈥渕ost beneficiaries of legacy preferences are white.鈥 It also identified Virginia as one of five states where a majority of public colleges and universities offer admissions advantages to the children of alumni.

鈥淎ll that House Bill 48 says is that in considering admissions to college and our public universities here in the commonwealth of Virginia, whether your parents went there or whether your parents are donors to the institution will play no role in deciding who is accepted to the college,鈥 said Del. Dan Helmer, D-Fairfax, who is carrying the House bill, during a subcommittee meeting earlier this month.

Both Democrats and Republicans have supported the change.

鈥淚 think it鈥檚 absolutely discriminatory to grant special privileges to people based on what their parents did, what they gave, where they went to college,鈥 said Del. Thomas Garrett, R-Goochland, at the same meeting.

Garrett said he鈥檚 supporting the proposal to 鈥渁ddress discrimination and create a level playing field for all Virginians.鈥

Last week, the Senate version of the , patroned by Sen. Schuyler VanValkenburg, D-Richmond, also passed with unanimous support.

Education Reform Now says more than 100 colleges and universities have ended legacy admissions since 2015, but 787 still used the practice as of 2020.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on and .

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Opinion: LGBTQ Teachers Face Discrimination, Hate 鈥 and Their Own聽Fears /article/in-midwestern-schools-lgbtq-teachers-face-discrimination-hate-and-their-own-fears/ Thu, 30 Jun 2022 13:30:00 +0000 /?post_type=article&p=692004 This article was originally published in

The national debate about issues in schools has come to the Midwest. In the wake of the passage of Florida鈥檚 so-called 鈥溾 law, more than a dozen other states 鈥 including Missouri, , Tennessee and Ohio 鈥 have aimed at limiting how teachers discuss topics of gender identity or sexual orientation.

Based on my own experience, that of my collaborator Steven Gill, and our initial research, teachers in the Midwest are having experiences similar to those .


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We have both faced invalidating, even scary, obstacles in our journeys as out queer educators, and we have seen our queer and trans students suffer as well.

Our stories

For me, being a faculty sponsor for the school鈥檚 gay-straight alliance student group was both heartwarming and heartbreaking. I started my career at an urban school serving a high-poverty population in Nebraska in 2001 and found that the school鈥檚 GSA membership was just a handful of students.

During my first year as a volunteer sponsor of the group, another teacher was invited by the official sponsor to one of our meetings and showed a video of people claiming to be 鈥渇ormer gays.鈥 He then pulled out a Bible and had a discussion with the students about how who they were was a sin. The official sponsor, a school counselor, smiled throughout and let him continue speaking.

I fought back tears of anger as I heard students say, 鈥淚 know I鈥檓 going to hell, but I can鈥檛 control how I feel and I鈥檝e tried not to be gay, but it鈥檚 impossible.鈥 I was furious that this was allowed to happen in what was supposed to be a safe and affirming space in a public school where this type of proselytizing should not be allowed. I watched as all the confidence and self-esteem drained from the students.

When I became the official sponsor, I ensured that teacher would not be allowed back to speak to the group. Later, he told a lesbian teacher he was praying for her soul. Twenty-one years later, he is still at that school 鈥 in a leadership role.

By the time I left in 2011, students were out and proud as allies and as a part of the LGBTQ community. While I won for my work there, neither was acknowledged by my school.

I witnessed students being disowned when they came out while also being rejected by religious shelters. There were many suicide attempts and countless mental health crises, and grades would drop as a result of bullying and harassment by teens and adults.

I have always been out as a queer woman, and many students thanked me for that. But I was told that two other teachers called me a 鈥渄yke鈥 in the staff lounge because I participated in the to support LGBTQ rights. Some students told me they were praying for my soul around the flagpole. A parent accused me of turning his child gay because they went home with a rainbow ribbon and he threatened to follow me home and show me 鈥渨hat a real man is.鈥 The school had two visits by the infamously homophobic . Its members held signs across the street saying 鈥淕od hates fags鈥 and tried to distribute literature to our students as they left the school building.

My collaborator Steve Gill reports, 鈥淚鈥檓 a current middle and high school social studies teacher who is out as nonbinary, and queer, to my students, and my school system. When I was going through elementary, middle, and high school and college I had no out queer or nonbinary or transgender teachers, or any type of representation.

“This caused me feelings of isolation and loneliness, as I did not have close queer icons or representations to look up to.

“In adulthood, as a teacher, I firmly and confidently tell students 鈥業 am Coach Gill, I go by “Coach鈥 because I am nonbinary. I am also Black and Queer.鈥 I choose to be out despite the discrimination I have faced, continue to face, and will face in the future. I choose to be out because .

鈥淚 want the people in my community to know that LGBTQ people exist in everyday jobs, not just as famous celebrities. I have students who come out to me because I am a safe space. I know of students who have been kicked out of their homes, misgendered, and they are mocked and ridiculed for being out at home.鈥

Our survey and what the preliminary results found

Our research shows that we are not alone. Many schools in the Midwest are places where queer and trans educators cannot thrive and do their jobs without fear or hesitation.

We posted a preliminary survey on social media, seeking teachers in the Midwestern states of Nebraska, Iowa and Minnesota. Out of the 45 educators who responded, 12 place their identities in the broad spectrum of LGBTQ community. But just four of them are out in their schools.

While our initial survey data is limited to these 45 respondents, the results are not surprising given our lived experiences and .

But our experiences and those of our survey participants are being lost as lawmakers restrict what , and . We plan to conduct more research to better understand how schools can participate in making the future more fair and just for everyone.

This article is republished from under a Creative Commons license. Read the

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Survey: Pandemic Learning Loss is Teachers鈥 Top Source of Job-Related Stress /article/survey-pandemic-learning-loss-is-teachers-top-source-of-job-related-stress/ Wed, 15 Jun 2022 04:01:00 +0000 /?post_type=article&p=691447 Educators experience more than twice as much job-related stress as other working adults, and about half of teachers say trying to help students make up for lost instructional time is their greatest source of anxiety, according to a new survey.

The Rand Corp. report shows this year has been especially tough on Latino teachers, with one in three reporting symptoms of depression, compared with one in four non-Latino teachers. Black teachers, however, were less likely to report stress on the job than White and Latino teachers, the researchers found.

鈥淩epairing鈥 teacher and principal well-being, they wrote, 鈥渋s essential for pandemic recovery鈥 and leaders shouldn鈥檛 view it as a short-term problem that will fade once COVID-related disruptions pass.

鈥淪tress on the job can negatively affect educators鈥 physical health,鈥 said Elizabeth Steiner, lead author of the report. 鈥淎nd poor well-being is linked with lower quality student learning.鈥

While most educators 鈥 about three-fourths 鈥 say they鈥檙e able to cope with the added pressures, the findings reinforce comments from teachers who say this school year has been the most grueling since the pandemic began. The Rand findings echo the results of a Gallup poll released this week and confirm earlier surveys suggesting sizable percentages of teachers want to leave the profession. The Rand survey shows about a third of educators report plans to quit 鈥 up from a quarter of teachers and 15% of principals in January 2021.


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The findings point to multiple factors contributing to job dissatisfaction and intentions to leave. In addition to addressing learning loss, other pandemic-related stressors included taking on additional responsibilities because of staff shortages, harassment over COVID policies and balancing child care responsibilities.

But some sources of stress, such as racial discrimination, predate COVID. More than half of teachers said other staff members hold them to a different standard because of their race, and two-thirds of principals said they have faced online or in-person harassment from students鈥 families because of their race or ethnicity.

Almost half of teachers said they experience verbal or nonverbal microaggressions from co-workers and students because of their race or ethnicity. (Rand Corp.)

Staying 鈥榩ast the burnout stage鈥

The increase in teachers saying they want to leave doesn鈥檛 mean they will, nor does it predict 鈥渁 major disruption in the workforce,鈥 the authors wrote. But Colin Sharkey, executive director of the Association of American Educators, a nonunion group, said an exodus of teachers could be a 鈥渓agging indicator.鈥

鈥嬧嬧滻t will take time for educators to follow through on a decision that was likely made during this time period,鈥 he said, adding that many educators might stay 鈥減ast the burnout stage,鈥 to the point that they鈥檙e 鈥渦nrecoverable.鈥

The Rand findings are based on responses from 2,360 teachers and 1,540 principals, collected in January. The researchers compared the answers to those from a nationally representative sample of working adults. They also interviewed 60 teachers to better understand their experiences.

Roseangela Mendoza, a middle school social studies teacher at The Ethical Community Charter School in Jersey City, New Jersey, is among those who found the return to in-person learning particularly challenging.

鈥淲e were exhausted by October鈥 of 2021, she said. 鈥淚t鈥檚 been the worst stress that anybody has ever gone through.鈥

Teaching assistants have been covering classes when teachers are absent, leaving lead teachers without their usual support, Mendoza said, adding that students, who learned remotely for a year and a half have trouble staying focused and are always bouncing out of their seats to socialize or go to the bathroom.

鈥淭hey will question you, 鈥榃hy do I have to do this?鈥 鈥 she said. Parents also challenge her, asking that their children get extra time to complete work. 鈥淭ons of parents want to tell us what we have to do.鈥

But she says she still believes in the mission of her school, which she joined not long after it opened in 2009, and likes that she can be creative in planning curriculum. Her lessons include making tortillas and quilting.

鈥淭hat flexibility is what keeps me here,鈥 she said.

Roseangela Mendoza, who teaches social studies, said flexibility over curriculum is what keeps her at The Ethical Community Charter School in Jersey City, New Jersey. (Courtesy of Roseangela Mendoza)

The report also points to conditions that make educators feel better about their jobs and less likely to leave, such as involvement in school decision-making, strong relationships with colleagues and access to mental health support.

Teachers and principals with access to at least one mental health program, such as a peer support group or counseling, were significantly less likely to say they were considering leaving their jobs, the survey found.

Many districts have been using federal relief funds to address students鈥 mental health needs, but some are expanding services for staff as well. The Moore Public Schools, near Oklahoma City, used a new state grant program to add eight positions for mental health professionals, including two employee assistance providers.

The district revamped an unused building into offices with private entrances where employees can see a therapist.

鈥淚 think it’s pretty rare,鈥 said Kristi Hernandez, the district鈥檚 director of student services. 鈥淢ost schools partner with outside providers.鈥

Teachers also just want to focus on teaching and spend less time on other responsibilities , such as meetings and bus duty, the Rand researchers found. And in their interviews with teachers, they heard that pay raises wouldn鈥檛 necessarily reduce the stress, but could convince teachers to stay in the field.

Principals listed staffing challenges as their greatest source of stress. But some feel the worst of the pandemic is finally behind them.

Haines City High School Principal Adam Lane, Florida鈥檚 newly named Principal of the Year for secondary schools, with last year鈥檚 graduates. (Courtesy of Adam Lane)

鈥淎 year ago we were doing temperature checks. We were doing masks,鈥 said Adam Lane, principal at Haines City High School in central Florida, south of Orlando. 鈥淭he past two and a half years were the most challenging thing we鈥檝e ever had to deal with.鈥

He said he just attended a statewide administrators conference, where the mood had noticeably lifted.

鈥淲e were laughing, drinking, collaborating,鈥 he said. 鈥淓ven though it was stressful, it was so rewarding to make it through.鈥

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Reconstruction Offers Students Black History, but Stays 鈥極ut of the Fray鈥 /article/former-d-c-schools-chiefs-new-venture-reconstruction-celebrates-the-black-experience-while-staying-out-of-the-fray/ Mon, 04 Oct 2021 11:15:00 +0000 /?post_type=article&p=577667 Kendrah Foster had already planned a Mardi Gras-inspired 鈥渟taycation鈥 with her three children in July when she heard about a week-long virtual cooking class for Pittsburgh families that featured gumbo on the menu.

Donning child-sized toques 鈥 the tall, white, pleated hats worn by chefs 鈥 Winter, 9, DeVonte, 8, and Stormy, 7, took charge of the kitchen, perfecting their knife skills by slicing bell peppers and stirring the roux until it reached a golden brown.


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By the end of the course, they鈥檇 made traditional Southern greens, black-eyed peas, smothered chicken and other dishes that trace back to African culture. 鈥淭hey鈥檙e already talking about making the cornbread for Thanksgiving,鈥 said Foster.

The culinary-themed Black history lesson, called Soul Food Summer Camp, was a local twist on one of the popular courses available from Reconstruction 鈥 an online enrichment platform celebrating Black Americans鈥 contributions and heritage.

A young participant mixes batter for cornbread, part of the soul food menu children learn about on the Reconstruction platform. (Catapult Greater Pittsburgh)

In a year when classroom discussions about race and discrimination have bitterly divided school boards and statehouses, topics such as the essential role of corn in the diet of Black slaves may seem conspicuously noncontroversial. But fostering Black children鈥檚 鈥減ositive identity development鈥 in the way Hebrew and Chinese schools do for children in other communities is exactly what Kaya Henderson had in mind when she launched Reconstruction a year ago. As former chancellor of the District of Columbia Public Schools, she wants to counter a narrative that Black families don鈥檛 value education.

Roughly 15,000 students are expected to sign up this fall for Reconstruction, a for-profit company that delivers live enrichment classes on Black history and culture over Zoom to students across the country. Black parents browsing its offerings find courses 鈥渦napologetically鈥 designed for them and their children. 鈥淪horties鈥 (4- to 11-year-olds), 鈥淵oungins鈥 (12- to 14-year-olds) and 鈥淕en Z鈥 youth cover Black entrepreneurship and cultural knowledge. Students can design apps for nonprofits working to support the Black community or study speeches and sermons of famous Black orators. Parents began asking for their own courses, so there鈥檚 a Read and Rap Book Club for 鈥済rown folks.鈥

Henderson鈥檚 decision to market directly to families and nonprofit organizations has allowed Reconstruction to bypass school district politics.

鈥淚 didn鈥檛 want to be at the whim of state legislators,鈥 said Henderson, who credits the program鈥檚 more celebratory approach to Black history for keeping it under the radar. 鈥淲e鈥檙e not out here talking about white people being awful. We鈥檙e giving young people positive examples, and that keeps us a little bit out of the fray.鈥

But that doesn鈥檛 mean the curriculum ignores America鈥檚 painful racial history. For example, several courses include lessons on the once-thriving commercial district in Tulsa, Oklahoma, known as Black Wall Street, and the 1921 massacre in which a white mob attacked residents, homes and businesses there.

鈥楢 place of belonging鈥

The mission to give students a more comprehensive story begins with the program鈥檚 name: Reconstruction, the period following the Civil War when Confederate states rejoined the Union and former slaves got their first taste of freedom. It鈥檚 鈥渁 lesser known part of American history when African Americans were thriving politically, economically, educationally,鈥 Henderson said. 鈥淲e wanted to challenge folks who don’t know that part of our history to explore it. And we wanted to remind our students that they come from a rich tradition of Black excellence in America that they have a responsibility to uphold.鈥

A former Teach for America executive director in D.C., Henderson served under former Chancellor Michelle Rhee, who was for closing low-performing schools and instituting a tough teacher evaluation system. With mayoral control of schools, Henderson continued those reforms during her some critics argued her strategies didn鈥檛 do enough to close racial achievement gaps. after she resigned, the city鈥檚 Board of Ethics and Government Accountability her for granting the requests of colleagues to place their children in preferred schools rather than submitting them to the district鈥檚 competitive lottery system.

When it came to designing Reconstruction, her experience helming the 51,000 student district was instructional. It helped fuel a desire to sidestep a K-12 bureaucracy that hasn鈥檛 always done right by African-Americans.

Black students, she said, often have negative experiences in school, and Henderson wanted Reconstruction to be 鈥渁 place of belonging, joy and love.鈥 She also didn鈥檛 want to conform to 50 different sets of state standards 鈥 particularly in light of on lessons or materials that could make students feel uncomfortable or guilty because of their race or gender. Reconstruction launched about five months before states began considering legislation to outlaw so-called critical race theory 鈥 a loose umbrella of topics from Black history to culturally responsive teaching.

Reconstruction courses have no more than 10 students, and there aren鈥檛 any end-of-course tests. That doesn鈥檛 mean the lessons go easy on academics, Henderson said. The reading and math courses can add up to a full year鈥檚 curriculum.

鈥淭o me, the rigor is paramount, but I鈥檓 not trying to replace school,鈥 said Henderson.

Reconstruction鈥檚 business model also gives Henderson control over who she hires as 鈥渞econstructors鈥濃 the team of young educators who teach the courses.

鈥淭here have been enough hot mic episodes over the years to show that everyone who鈥檚 teaching children doesn鈥檛 always believe in Black children,鈥 Henderson said.

In March, for instance, a resigned after making comments on a Zoom call about Black parents teaching their children to make excuses for their behavior. A mother recorded the teacher, who was apparently unaware the call was ongoing.

Kaya Henderson stepped down as the District of Columbia’s school chancellor in June, 2016. (Marvin Joseph / The Washington Post / Getty Images)

Henderson and co-founder Roland Fryer, a Harvard economics professor, initially discussed whether Reconstruction should be a school curriculum or offered outside the traditional system. Fryer, Henderson said, leaned toward integrating the concept into schools.

鈥淚 don鈥檛 want [children] to be taught that there鈥檚 slavery, Jim Crow and then you. I want for the history to be full and for them to be empowered,鈥 Fryer said during a recent two-part interview on the Ian Rowe, a fellow at the conservative American Enterprise Institute.

Those episodes aired the same week that Fryer at Harvard after completing a two-year probation and training on 鈥渁ppropriate boundaries.鈥 In 2019, the university placed him on administrative leave after an investigation showed he had violated sexual harassment policies and engaged in 鈥渦nwelcome鈥 conduct, such as talking about sex and telling sexual jokes in the Education Innovation Lab he ran. He denied accusations of harassment and retaliation, but later apologized in into whether Fryer retaliated against an accuser closed when a female employee withdrew her complaint.

The university shut down the lab, where Fryer 鈥 who, at 30, became the youngest Black professor to earn tenure at Harvard 鈥 led notable research on the effectiveness of charter schools and racial disparities in education and policing.

As he faced disciplinary action at Harvard, Fryer co-founded Equal Opportunity Ventures in 2019 to support Reconstruction and other startups that focus on closing racial disparities and expanding economic opportunity. He serves as chair of Reconstruction鈥檚 board of directors, but Henderson said he is not involved in daily operations. She added that she鈥檚 never received any questions or concerns from parents or organizations about his involvement.

Harvard economist Roland Fryer was featured on two recent episodes of the American Enterprise Institute鈥檚 Invisible Men Podcast. (American Enterprise Institute)

In an email to 社区黑料, Fryer declined to comment on the probation or his work developing Reconstruction during that time. But he said, 鈥淚 am delighted to be back teaching at Harvard, and currently have a class of nearly 200 students eager to learn about how companies like Reconstruction can both change the world around us and be a sustainable business.鈥

鈥楥ulturally relevant perspectives鈥

That business model is primarily aimed at parents, who pay $100 for each 10-session course. But nonprofits, such as the Grable Foundation in Pittsburgh, are making the program available to students for free.

The traditional education system has also taken notice.

In the Baltimore City Public Schools last year, 140 students from 17 schools took an afterschool program featuring Reconstruction鈥檚 course on the movement of Africans into the Americas and the Caribbean during the slave trade.

David Anderson, a junior in an advanced STEM program at Baltimore Polytechnic Institute, said he learned about Manhattan鈥檚 Seneca Village, a pre-Civil War African American settlement that got pushed out to develop Central Park. The life of abolitionist Sojourner Truth also stuck with him.

Abolitionist Sojourner Truth (MPI/Getty Images)

鈥淪he was more under the radar than Harriet Tubman, but her job was just as important,鈥 Anderson said.

David鈥檚 mother, Annette Campbell Anderson, an educator and professor at Johns Hopkins University, was initially skeptical about the program, having been underwhelmed by the district鈥檚 previous afterschool offerings. But she was impressed by her son鈥檚 commitment to the course.

鈥淚 found myself needing to change our family dinner schedule on Tuesdays when he had class because he refused to leave the sessions early,鈥 she said. 鈥淎nd if I served dinner early, he raced upstairs to be on time 鈥 for a Zoom session.鈥

David Anderson took a Reconstruction course offered as an afterschool program in the Baltimore City Public Schools. (Annette Campbell Anderson)

Reconstruction has won praise from those on opposite sides of the debate over critical race theory.

Sharif El-Mekki, CEO of the Center for Black Educator Development, said it鈥檚 important for Black children to have a space designed for them, even if it鈥檚 virtual.

鈥淥ut-of-school-time has always been one of the most-effective and least invested-in levers for achievement for Black children,鈥 said El-Mekki, whose daughters, Zaynab and Zakiyyah, participated in Reconstruction鈥檚 pilot and then took the cooking class.

The program provides Black children with a 鈥渉olistic, centering and respectful curriculum,鈥 he said, adding that students who participate in the program could become 鈥減owerful advocates鈥 for more culturally responsive teaching in their own schools.

Like other Black educators, El-Mekki has said the debates over critical race theory misrepresent what schools actually teach students but also ignore the persistent educational inequalities affecting Black and Hispanic students.

At a time when some states, such as California, Connecticut and , are expanding ethnic studies in the curriculum, he thinks Reconstruction is one way to re-engage Black students and others 鈥渢hat have been perpetually let down by the educational ecosystem.鈥

Sharif El-Mekki (masterycharter.org)

鈥楢ll kids of all races鈥

At the National Charter School Conference in June, El-Mekki and Rowe, from the American Enterprise Institute, strongly disagreed about the furor over critical race theory, but joined in their praise for Henderson鈥檚 program.

In a 鈥渟hout-out鈥 for Reconstruction, Rowe said: 鈥淚 think it’s good that we鈥檙e having more discussions about what should be the complete [story] 鈥 warts and all, oppression and resilience 鈥 that we鈥檙e teaching all kids of all races about what has transpired with African Americans in the United States.鈥

The process isn鈥檛 always easy. White parents are among Reconstruction鈥檚 customers, Henderson said, but some have requested that their child not be the only non-Black student in a class. Others have even asked for all-white classes, a request that would have raised the spectre of segregation in the public school world she left behind.

Those requests don鈥檛 bother her.

Though there hasn鈥檛 yet been enough demand for an all-white class, Henderson said she鈥檇 鈥渁bsolutely consider it.鈥 Some parents tell her their kids don鈥檛 have a lot of experience interacting with Black children and worry they might say the wrong thing. The goal, she said, is to get the message out to as wide an audience as possible.

鈥淭his stuff is hard and we鈥檙e all going to make mistakes,鈥 she said. 鈥淲e are designed for and by African Americans, but we need everyone to learn this history.鈥


Lead Image: Winter Herbert (L-R), Stormy Foster and DeVonte Foster prepare a meal as part of Soul Food Summer Camp, a week-long virtual cooking course for Pittsburgh, Pennsylvania, students participating in Reconstruction. (Catapult Greater Pittsburgh)

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