Highlights:
The Trump Administration Wanted To Eliminate The Education Department As A Standalone Agency, Combining It With The Labor Department Into One Cabinet-Level Agency. According to NPR, “The White House unveiled a plan today to merge the Education and Labor Departments into a single Cabinet agency: the Department of Education and the Workforce. The proposal is part of a 132-page document outlining a broad restructuring of the federal government. The changes would require congressional approval. The merger is part of a plan announced last year by Mick Mulvaney, director of the Office of Management and Budget, to ‘make government lean, accountable, and more efficient.’ It also reflects the administration's focus on career-technical education and skill-building for today's students.” [NPR, 6/21/18]
American Federation Of Teachers: “We’re Extremely Skeptical Of Trump’s Motivations Behind Merging The Departments Of Education And Labor.” According to a press release from the American Federation of Teachers, “But there is nothing normal about this administration, so we’re extremely skeptical of the motivations here given how hostile Betsy DeVos and President Trump have been to public education, workers and unions. It seems like this move is just cover for continuing their agenda to go after public schools, gut civil rights and equity protections, provide support for predatory student loan companies and prey on workers. We strongly oppose this move, and Congress should reject it.” [American Federation Of Teachers, 6/21/18]
National Education Association: Trump’s Plan Is “At Best Ill-Conceived And Poorly Timed.” According to the National Education Association, “The Trump administrations plans to reorganize the federal government, including the possible radical merger of two federal agencies, the departments of education and labor among other changes, are at best ill-conceived and poorly timed and at worst are an attempt to distract the American public from the humanitarian crisis he created along the U.S.-Mexico border.” [National Education Association, 6/21/18]
Trump Said He Planned To Shut Down The Department Of Education. According to the Washington Times, “Former President Donald Trump revealed Saturday that he plans to shut down the Department of Education if he retakes the White House in 2024. Axing the Department of Education is part of an education platform Mr. Trump will announce on March 13, he told reporters at the Conservative Political Action Conference. ‘It’s time,’ Mr. Trump said. ‘Close it up. When you look at the list of countries, we’re always at the bottom [on education]. We spend more money per pupil and we’re always at the bottom of a list of 40 countries. And we should close it up and let local areas, and frankly, states, handle education.’” [Washington Times, 3/4/23]
Trump Called Breaking Up The Department Of Education A “Short-Term Goal.” According to NBC News, “Trump, who pushed hard for the development of vaccines as president, echoed the rhetoric of DeSantis — who signed a ban on vaccine mandates last year. ‘I will not give a penny to any school that has a vaccine mandate,’ Trump declared Monday. He also promised to push other states to adopt school-voucher systems similar to the one signed into law by Republican Iowa Gov. Kim Reynolds and for the direct election of school principals. In an area where the president has a more obvious role in policy, he said it is a ‘short-term goal’ to break up the Department of Education.” [NBC News, 3/13/23]
The Trump Administration’s 2018 Education Budget Cut The Department’s Funding By 13.5%, Rolling Back Spending To Pre-2002 Levels. According to the National Education Association, “The Trump administration’s FY 2018 budget proposal, released this morning, slashes funding for the Department of Education by a whopping 13.5 percent, sacrificing critical, long-standing education programs in order to fund the privatization agenda promoted by the president and Education Secretary Betsy DeVos under the banner of ‘school choice.’ Trump’s budget blueprint manages to give a $1.4 billion boost to voucher and charter school schemes even as it rolls back education spending to pre-2002 levels in today’s dollars, excluding federal Pell Grants. Meanwhile, public schools serve 8.6 million more students today than they did in 2002.” [National Education Association, 3/16/17]
Trump’s 2018 Budget Proposal Cut Funding To More Than 20 Education Programs Totaling More Than $9 Billion. According to National Education Association , “In all, more than 20 education programs would see a collective $9 billion in cuts, including: 21st Century Community Learning Centers (after-school); Title II, which helps states hire and train teachers; TRIO and other college access programs that put higher education into reach for more students; The Comprehensive Literacy Development Grant program; Impact Aid, which provides funding for schools near federally protected lands that do not generate local tax revenues. Educators and parents across the country have spoken out against the Trump-DeVos agenda to push unproven voucher programs and undermine charter school accountability, while stripping public schools of the funding they need to serve all students.” [National Education Association, 3/16/17]
The Trump Administration’s 2019 Budget Originally Cut $7.1 Billion In Department Of Education Funding, A 10.5% Decrease From 2017, But Released An Addendum To Restore $3.3 Billion To The Budget. According to the Center for American Progress, “The Trump administration’s budget proposal for this year makes strikingly similar drastic cuts to the administration’s fiscal year 2018 proposal, which represented the most devastating funding cuts to the U.S. Department of Education since Ronald Reagan’s presidency. On the heels of that widely criticized proposal, the Trump administration has doubled down this year with a $7.1 billion cut to the Department of Education’s funding—a 10.5 percent decrease from 2017 levels. And while an unusual addendum—released on the same day as the original proposal—seems to restore $3.3 billion to the education budget, Trump and DeVos have made their priorities clear: Starve public schools to fund private school schemes that benefit the wealthy.” [Center for American Progress, 2/12/18]
The Trump Administration Had Released An Addendum To Restore $3.3 Billion To The Budget. According to the Center for American Progress, “The Trump administration’s budget proposal for this year makes strikingly similar drastic cuts to the administration’s fiscal year 2018 proposal, which represented the most devastating funding cuts to the U.S. Department of Education since Ronald Reagan’s presidency. On the heels of that widely criticized proposal, the Trump administration has doubled down this year with a $7.1 billion cut to the Department of Education’s funding—a 10.5 percent decrease from 2017 levels. And while an unusual addendum—released on the same day as the original proposal—seems to restore $3.3 billion to the education budget, Trump and DeVos have made their priorities clear: Starve public schools to fund private school schemes that benefit the wealthy.” [Center for American Progress, 2/12/18]
Trump’s 2020 Education Budget Request Proposed A 10% Reduction In Federal Funding For Public Schools. According to Education Dive, “The Trump administration is calling for a 10% reduction in federal funding for schools in fiscal 2020 and is recommending flat funding for Title I, special education and English learners.” [Education Drive, 3/11/19]
Trump’s Budget Proposal Aimed To Eliminate Numerous K-12 Programs Including the 21st Century Community Learning Centers, Arts In Education, And Innovative Approaches To Literacy Grants. According to the Washington Post, “But the administration wants to eliminate or cut dozens of K-12 and higher education programs (you can see the entire list in the proposed budget below and in an analysis of that budget by the AASA). For example, the 21st Century Community Learning Centers, funded at $1.2 billion, would be eliminated if Congress agrees. These centers support before-school, after-school and summer academic enrichment opportunities for nearly 2 million students at about 11,500 schools […] The administration wants to eliminate the $29 million arts in education programs for children and youth, which emphasize serving students from low-income families and students with disabilities. […] Add to that the Innovative Approaches to Literacy grants, funded at $27 million, which aim to improve literacy through support of school libraries, professional development for school librarians and the provision of high-quality books to children and adolescents in low-income communities. The administration says schools should use Title 1 funds instead. DeVos said in her testimony to Congress last week, when she sought to defend the proposed budget: ‘In the end, budgets are about priorities.’ These numbers tell you about theirs.” [Washington Post, 4/3/19]
The Trump Administration’s FY 20 Budget Proposed Eliminating The 21st Century Community Learning Centers Initiative Which Funded Local Afterschool And Summer Learning Programs Across The United States. According to the Afterschool Alliance, “Today the Trump administration released its fiscal year 2020 full budget proposal. The full budget represents the president’s vision for how Congress should spend federal funds for the fiscal year that begins October 1, 2019 (FY20) and, for the third year in a row, proposes to eliminate the 21st Century Community Learning Centers initiative, which funds local afterschool and summer learning programs in all 50 states and the U.S. territories. Elimination of these funds for local programs would devastate the 1.7 million children and families who stand to lose access to afterschool as a result.” [Afterschool Alliance, 3/11/19]
Trump’s FY 2018 Budget Proposed A $1.4 Billion Shift Toward Expanding Charter Schools, Private-School Vouchers, And Other Alternatives To Public Schools. According to the Washington Post, “Along with the cuts, among the steepest the agency has ever sustained, the administration is also proposing to shift $1.4 billion toward one of President Trump’s key priorities: Expanding charter schools, private-school vouchers and other alternatives to traditional public schools. His $59 billion education budget for 2018 would include an unprecedented federal investment in such ‘school choice’ initiatives, signaling a push to reshape K-12 education in America.” [Washington Post, 3/16/17]
Trump’s Proposed A $168 Million Increase For Charter Schools And A New $250 Million Private-School Choice Program For Vouchers To Be Used At Private Or Parochial Schools. According to the Washington Post, “The president is proposing a $168 million increase for charter schools — 50 percent above the current level — and a new $250 million private-school choice program, which would probably provide vouchers for families to use at private or parochial schools. Vouchers are one of the most polarizing issues in education, drawing fierce resistance from Democrats and some Republicans, particularly those in rural states.” [Washington Post, 3/16/17]
Trump Proposed $1 Billion To Incentivize Districts To Allow Local, State, And Federal Funds To Follow Children To Whichever Public School They Choose, Siphoning Funds From Schools In Areas With High Poverty. According to the Washington Post, “Trump also wants an additional $1 billion for Title I, a $15 billion grant program for schools with high concentrations of poor children. The new funds would be used to encourage districts to adopt a controversial form of choice: Allowing local, state and federal funds to follow children to whichever public school they choose. That policy, known as “portability,” was rejected in the Republican-led Senate during deliberations over the main K-12 education law in 2015. Many Democrats see portability as the first step toward federal vouchers for private schools and argue that it would siphon dollars from schools with high poverty and profound needs to those in more affluent neighborhoods.” [Washington Post, 3/16/17]
The Center For American Progress Said Trump Proposed Cutting Funds To Public Schools In Favor Of A $1 Billion Investment Into “Ineffective” Private School Voucher Programs. According to the Center for American Progress, “With these massive cuts to the Department of Education, Trump and DeVos are again ignoring the long-standing role of the federal government in supporting great public schools for all students. Despite the fact that 90 percent of students attend public schools, this budget dramatically reduces funding for these schools in favor of a massive investment of $1 billion—four times the amount in last year’s proposal—in ineffective private school voucher schemes, putting the most vulnerable students at risk. Instead of diverting resources to private schools, the budget should ensure that public money goes to public schools” [Center for American Progress, 2/12/18]
In His Fiscal Year 2019 Budget Proposal, Trump Requested $500 Million For A Voucher Program To Expand Private And Public School Choices. According to the Department of Education’s Fiscal Year 2019 Budget, “$500 million for a new Opportunity Grants program to expand both private and public school choices, particularly for students from low-income families or those attending schools identified for improvement under the Elementary and Secondary Education Act.” [Department of Education, Accessed 1/22/20]
In His Fiscal Year 2019 Budget Proposal, Trump Requested $500 Million For The Charter Schools Program. According to the Department of Education, “Highlights from the President's FY 2020 Budget Request include: 1. Education freedom for more of our nation’s students […] $500 million for the Charter Schools Program which is an increase of $60 million over FY19.” [Department of Education, Accessed 1/22/20]
February 2019: Trump Revealed A Proposal To Provide $5 Billion A Year In Federal Tax Credits For Donations Made To Groups Providing Scholarships For Private Schools, Apprenticeships, And Other Educational Programs. According to the Associated Press, “The Trump administration renewed its push for school choice on Thursday with a proposal to provide $5 billion a year in federal tax credits for donations made to groups offering scholarships for private schools, apprenticeships and other educational programs. Education Secretary Betsy DeVos unveiled the plan as a "bold proposal" to give students more choices without diverting money from public schools. ‘What's missing in education today is at the core of what makes America truly great: freedom,’ DeVos said. ‘Kids should be free to learn where and how it works for them.’ Legislation for the tax credits is being introduced by Sen. Ted Cruz, R-Texas, and Rep. Bradley Byrne, R-Ala.” [Associated Press, 2/28/19]
Senate Democrats Stated That DeVos’s Education Freedom Scholarship Program Was Another Effort To Privatize America’s Education System. According to the Associated Press, “DeVos said she expects to face opposition, and Democrats quickly let her know she'll get it. Sen. Patty Murray, the top Democrat on the Senate education committee, said the proposal is ‘dead on arrival.’ ‘Secretary DeVos keeps pushing her anti-public school agenda despite a clear lack of support from parents, students, teachers, and even within her own party,’ Murray said in a statement. ‘Congress has repeatedly rejected her privatization efforts, and she should expect nothing less here.’ The proposal will also face a difficult time in the House, where Democrats gained a majority in the November midterm elections. Rep. Bobby Scott, chairman of the House education committee, said Democrats ‘will not waste time on proposals that undermine public education.’ ‘We're focused on reversing our chronic underfunding of public schools so that all students - regardless of their background - can learn in schools that are healthy, safe and provide a quality education,’ Scott said.” [Associated Press, 2/28/19]
Trump Said He Wanted States To Adopt School Voucher Systems. According to NBC News, “Trump, who pushed hard for the development of vaccines as president, echoed the rhetoric of DeSantis — who signed a ban on vaccine mandates last year. ‘I will not give a penny to any school that has a vaccine mandate,’ Trump declared Monday. He also promised to push other states to adopt school-voucher systems similar to the one signed into law by Republican Iowa Gov. Kim Reynolds and for the direct election of school principals. In an area where the president has a more obvious role in policy, he said it is a ‘short-term goal’ to break up the Department of Education.” [NBC News, 3/13/23]
November 23, 2016: President-Elect Trump Picked School-Choice Activist And Republican Mega-Donor Betsy DeVos As Education Secretary. According to Politico, “President-elect Donald Trump has tapped school-choice activist, philanthropist and Republican mega-donor Betsy DeVos to lead the Education Department. Describing DeVos as ‘a brilliant and passionate education advocate,’ Trump announced his second selection of a female Cabinet member in a prepared statement Wednesday afternoon.” [Politico, 11/23/16]
January 7, 2021: DeVos Resigned Citing Trump’s Role In The January 6th Insurrection. According to Politico, “Education Secretary Betsy DeVos resigned on Thursday, telling President Donald Trump in a letter that “there is no mistaking the impact your rhetoric had” on the violent riots at the U.S. Capitol. DeVos said that the attack on Wednesday ‘was unconscionable for our country’ and called Trump’s rhetoric about the situation ‘the inflection point for me.’ DeVos is one of a half-dozen members of Trump’s Cabinet who has lasted for the duration of his term. She said her resignation is effective Friday.” [Politico, 1/7/21]
DeVos Said Trump’s Rhetoric About The January 6th Insurrection Was “The Inflection Point For Me.” According to Politico, “Education Secretary Betsy DeVos resigned on Thursday, telling President Donald Trump in a letter that “there is no mistaking the impact your rhetoric had” on the violent riots at the U.S. Capitol. DeVos said that the attack on Wednesday ‘was unconscionable for our country’ and called Trump’s rhetoric about the situation ‘the inflection point for me.’ DeVos is one of a half-dozen members of Trump’s Cabinet who has lasted for the duration of his term. She said her resignation is effective Friday.” [Politico, 1/7/21]
DeVos Never Attended Public School And She Never Held A Full-Time Job In The Public Education System. According to the National Education Association, “With no experience as an educator or elected official, and despite a decades-long record of undermining public schools by promoting taxpayer-funded vouchers for private and religious schools, lobbyist and Republican donor Betsy DeVos could become the next secretary of education […] While seeking to lead the nation’s public education system, DeVos’ lack of experience and training in public schools has been a cause of great concern.” [National Education Association Today, 1/11/17]
DeVos And Her Organizations Contributed $32.9 Million To Private Schools And Organizations Supporting School Choice. According to records available via Citizen Audit, Betsy DeVos and her organizations contributed $32,889,883.66 to nonpublic education, including private or religious schools and universities and nonprofit organizations supporting nonpublic education. [Press Release – Dick DeVos for Governor, 3/31/06; Dick and Betsy DeVos Family Foundation – Citizen Audit, Viewed 12/21/16; American Federation for Children, Inc. – Citizen Audit, Viewed 12/21/16]
March 2017: The Trump Administration Delayed Implementing ‘‘Gainful Employment’’ Rules Meant To Punish For-Profit Schools That Leave Students With High Levels Of Debt And Weak Job Prospects. According to the Wall Street Journal, “The Trump administration said Monday it would delay implementing new rules designed to punish career-training schools that leave students with high levels of debt but weak job prospects. The move delays new rules known as ‘gainful employment’ that formed a key piece of former President Barack Obama’s higher-education agenda. It could ultimately help for-profit colleges avoid sanctions if they prove the government data underpinning the rules is flawed. [Wall Street Journal, 3/6/17]
Under The Proposed Rules, Schools Offering Career Training Programs Would Have Been Required To Publish Data About Graduate Earnings And Debt, Which Would Then Determine If The School Would Receive Federal Aid. According to the Wall Street Journal, “Under the Obama rules, which never took effect, schools offering career training programs would have been required to publish data on their graduates’ earnings and debt three years after the students left the school. If a program graduated students with too much debt in relation to their earnings for several consecutive years, federal aid would have been cut off to those schools, essentially shutting them down. Experts said that if the rules had taken effect, they would have been on track to shut down thousands of training programs across the country.” [Wall Street Journal, 7/26/18]
President Of The For-Profit Industry Trade Group Praised The Trump Administration’s For The Delay. According to the New York Times, “For-profit school leaders have praised the delays, as they have argued the rules were meant to put them out of business at the expense of students who enrolled in career education schools. When Ms. DeVos announced the first delay of the Obama rules last spring, Steve Gunderson, the president of Career Education Colleges and Universities, praised the decision. He said the group, which represents more than 1,000 for-profit schools, would present evidence to the department that the rules ‘treats identical programs differently.’” [New York Times, 7/26/18]
August 2018: The Trump Administration Ended The Gainful Employment Rule. According to the New York Times, “Education Secretary Betsy DeVos formally moved Friday to scrap a regulation that would have forced for-profit colleges to prove that the students they enroll are able to attain decent-paying jobs, the most drastic in a series of policy shifts that will free the scandal-scarred, for-profit sector from safeguards put in effect during the Obama era. In a written announcement posted on its website, the Education Department laid out its plans to eliminate the so-called gainful employment rule, which sought to hold for-profit and career college programs accountable for graduating students with poor job prospects and overwhelming debt. The Obama-era rule would have revoked federal funding and access to financial aid for poor-performing schools.” [New York Times, 8/10/18]
June 2017: The Trump Administration Rolled Back The Obama-Era Borrower-Defense Rule, Which Provided Defrauded Student Borrowers A More Straightforward Process For Student Loan Forgiveness. According to the Chronicle of Higher Education, “The U.S. Department of Education is beginning the process of rolling back two Obama-era regulations aimed at holding for-profit colleges accountable and helping students who may have been misled or defrauded by them: the borrower-defense-to-repayment regulation, which was scheduled to go into effect on July 1, and the gainful-employment regulation, which was already in effect […] The borrower-defense-to-repayment regulation was meant to allow borrowers who feel they have been defrauded by their college or program to have a simpler process for having their student loans forgiven by the federal government.” [Chronicle of Higher Education, 6/14/17]
Lawmakers And Observers Criticized The Trump Administration, Stating That Students Would Be ‘‘Left Holding The Bag’’ While CEOs of Collapsing Institutions Make Off With Millions. According to the Chronicle of Higher Education, “Several lawmakers and observers saw the department's withdrawal of the borrower-defense rule as unfairly tipping the scales in favor of for-profit colleges. Senate Democrats sent a letter to Ms. DeVos last week asking her to keep the regulations in place. ‘Delaying the borrower-defense rule would be a monumental dereliction of the duty you have to protect students and taxpayers,’ the senators wrote, ‘and would increase the risk of repeating the recent history of students left holding the bag while executives at collapsing institutions made away with millions in profits.’” [Chronicle of Higher Education, 6/14/17]
Senate Democrats: Following The Roll Back Of The Obama-Era Borrower-Defense Rule, The Total Number Of Pending Borrower Defense Claims Increased By Over 20,000. According to a report by the offices of Senators Elizabeth Warren And Dick Durbin, “DeVos and the Trump Administration refuse to act on their claims for loan cancellation. This report finds: According to data sent by the Department of Education to Senate Democrats, there were 65,169 borrower defense claims pending as of July 7, 2017. Since July, the number of pending claims has dramatically increased. According to recent reports, the number of pending borrower defense claims has ballooned to more than 87,000 as of October 24, 2017. The total number of pending borrower defense claims are increasing under the Trump Administration, growing from 65,169 to 87,000 between July 2017 and October 2017.” [Insult To Injury: How The DeVos Department Of Education Is Failing Defrauded Students, November 2017]
October 2019: DeVos Was Fined $100,000 For Violating A Court Order To Stop Debt Collection Efforts Against Former Students At Bankrupt Corinthian Colleges Inc. According to Bloomberg, “U.S. Secretary of Education Betsy DeVos was hit with a $100,000 fine for violating a judge’s order to stop debt collection efforts against former students at bankrupt Corinthian Colleges Inc. Despite the order, the department went as far as seizing the students’ tax refunds and wages. U.S. Magistrate Judge Sallie Kim in San Francisco issued the fine Thursday, after finding DeVos in contempt of court. Kim ordered the $100,000 to go to a fund held by the students’ lawyers to help the more than 16,000 borrowers who she said suffered damages from the violation. Both sides must submit a plan for administering the fund by Nov. 15.” [Bloomberg, 10/24/19]
Trump’s Department Of Education Proposed New Borrower Defense Rules Making It Harder For Defrauded Students To Be Eligible For Loan Relief. According to the Associated Press, “Students who are defrauded by their schools would have a harder time getting their federal loans erased under new rules proposed by the Trump administration Wednesday. The proposal, which aims to replace a set of Obama-era rules that were never implemented, drew applause from the for-profit industry but sharp criticism from advocacy groups that represent student borrowers. Education Secretary Betsy DeVos said the proposal lays out clear rules schools must follow to avoid trouble, while also protecting students harmed by deception. ‘Our commitment and our focus has been and remains on protecting students from fraud,’ DeVos said. Under the proposal, students would be eligible for loan relief if they can prove their schools knowingly misled them with statements or actions that directly led them to take out loans or enroll at the school.” [Associated Press, 7/25/18]
The Proposal Would Allow Universities To Force Students Into Arbitration Agreements, Barring Them From Future Lawsuits. According to the Associated Press, “Schools would gain an opportunity to respond to claims of fraud under the new proposal, which says schools deserve to defend themselves against accusations that could damage their reputations and revenue. It also would allow schools to force students into arbitration agreements barring them from suing the school, a practice used by some for-profit colleges that would have been banned under Obama's rules.” [Associated Press, 7/25/18]
Trump’s Education Department Reduced The Size Of The Department’s Office Tasked With Investigated For-Profit College Abuses. According to the National Education Association, “The office, which was created in 2016 and included more than a dozen investigators, has been reduced to three people, the New York Times reports. This means several investigations into the nation’s largest for-profits have been abandoned, the Times reported. At the same time, the new investigations supervisor is Julian Schmoke, former dean at the for-profit DeVry University. “Secretary DeVos has filled the department with for-profit college hacks who only care about making sham schools rich and shutting down investigations into fraud,” U.S. Senator Elizabeth Warren (D-MA) told the Times.” [National Education Association, 6/1/18]
August 2017: An Analysis Found Fraud Claims Filed By Students Against Universities Increased 27%. These investigations are more necessary than ever, as an analysis published this week by the Century Foundation, shows a staggering increase in fraud claims, filed by students, from 98,868 in August 2017 to at least 127,817 currently, a 27 percent increase. More than 98 percent of the complaints are about for-profit colleges, including some that are under investigation or already shut down. The largest increase for any single school was for DeVry, which saw its "borrower defense claims" go from 1,195 in August to 7,393 currently.” [National Education Association, 6/1/18]
The Analysis Found That 98% Of The Submitted Fraud Claims Filed Were Against For-Profit Colleges. These investigations are more necessary than ever, as an analysis published this week by the Century Foundation, shows a staggering increase in fraud claims, filed by students, from 98,868 in August 2017 to at least 127,817 currently, a 27 percent increase. More than 98 percent of the complaints are about for-profit colleges, including some that are under investigation or already shut down. The largest increase for any single school was for DeVry, which saw its "borrower defense claims" go from 1,195 in August to 7,393 currently.” [National Education Association, 6/1/18]
February 2017: The Trump Administration Rescinded Protections For Transgender Students That Allowed Them To Use Restrooms Corresponding With Their Gender Identity. According to the New York Times, “President Trump on Wednesday rescinded protections for transgender students that had allowed them to use bathrooms corresponding with their gender identity, overruling his own education secretary and placing his administration firmly in the middle of the culture wars that many Republicans have tried to leave behind. In a joint letter, the top civil rights officials from the Justice Department and the Education Department rejected the Obama administration’s position that nondiscrimination laws require schools to allow transgender students to use the bathrooms of their choice. That directive, they said, was improperly and arbitrarily devised, ‘without due regard for the primary role of the states and local school districts in establishing educational policy.’” [New York Times, 2/22/17]
Trump’s Education Secretary Called The Obama-Era Transgender Protections That The Trump Administration Repealed ‘‘A Very Huge Example’’ Of Obama’s Overreach. According to the Washington Post, “DeVos briefly addressed her withdrawal Wednesday of Obama-era federal guidelines meant to protect transgender students from discrimination at school. It was her first major policy move since she was confirmed Feb. 7, and one she reportedly resisted, only to relent under pressure from Attorney General Jeff Sessions and President Trump. But she gave no sign Thursday that she disagreed with withdrawal of the guidance, which LGBT activists have called an attack on transgender children. ‘This issue was a very huge example of the Obama administration’s overreach to suggest a one-size-fits-all, federal-government approach, top-down approach to issues best dealt with at a personal level, at a local level,’ DeVos said in response to a question from CNN contributor and Trump supporter Kayleigh McEnany.” [Washington Post, 2/23/17]
Human Rights Groups Criticized The Rollback Of The Protections, Stating That Trump Sent ‘‘A Deeply Troubling Message To Students.’’ According to a Human Rights Campaign Press Release, “Under the direction of Attorney General Jeff Sessions and Education Secretary Betsy DeVos, the U.S. Departments of Justice and Education will revoke the Obama Administration’s guidance detailing schools’ obligations to transgender students under Title IX of the Education Amendments of 1972. While students are still entitled to the legal protections guaranteed by Title IX, today’s action obfuscates schools’ obligations to transgender youth -- who face disproportionately high rates of bullying, harassment and discrimination -- and sends a dangerous message that the current administration will not enforce inclusive policies or stand up for them at school. ‘What could possibly motivate a blind and cruel attack on young children like this?’ said HRC President Chad Griffin. ‘These transgender students simply want to go to school in the morning without fear of discrimination or harassment. The consequences of this decision will no doubt be heartbreaking. This isn’t a ‘states rights’ issue, it’s a civil rights issue.’” [Human Rights Campaign, 2/22/17]
May 2020: The Trump Administration’s Department Of Education Ruled That Participation Of Transgender Students In Women’s Sports Violated Title IX. According to the New York Times, “A high school sports policy in Connecticut that allows transgender students to participate in athletics based on their gender identity violates federal law and could cost the state federal education funding, the Education Department’s Office for Civil Rights has found. The finding came after the Alliance Defending Freedom, a conservative Christian organization, filed complaints against the Connecticut Interscholastic Athletic Conference and the Glastonbury school board on behalf of three high school student-athletes. It was issued on May 15 but did not become public until Thursday. The policy is also being challenged in court. The students contended that the policy gave transgender students an unfair advantage in athletic competition and in the race for public recognition that is critical to college recruiting and scholarship opportunities. The office said that, after an investigation, it had found that the policy violated Title IX, the 1972 federal law that prohibits sex discrimination in programs that receive federal funding.” [New York Times, 5/29/20]
September 2020: Trump’s Department Of Education Threatened To Withhold Funding From Schools That Allowed Transgender Children To Compete Against Those With The Same Gender Identity. According to the Independent (UK), “The US Department of Education has threatened to withhold school funding from Connecticut school districts over a state policy that would allow transgender children to compete against those that correspond to their gender identity in sports. The move would withhold $18m in funding from schools, which was allocated to help schools desegregate.” [Independent (UK, 9/18/20]
Trump Said He Would Ban Transgender People From Women’s Sports. According to ABC News, “Former President Donald Trump, a Republican, has been very vocal against transgender issues, repeating "I will keep men out of women's sports" in his stump speech at almost every rally.” [ABC News, 10/4/23]
Trump Spokesman Steven Cheung Said Trump Had Condemned The Participation Of Transgender Athletes In Women’s Sports Since 2021. According to CNN, “Allies of the former president rebuffed suggestions that he is taking cues from rivals rather than setting the agenda. They pointed to actions Trump took during his term in office to develop a counter-curriculum to the 1619 Project, an initiative launched by The New York Times to teach American students about slavery but which conservatives have decried as ‘propaganda.’ And they cite the many instances in which Trump has condemned the participation of transgender athletes in women’s sports, a topic he first weaved into his stump speech at the 2021 Conservative Political Action Conference and one that tends to draw some of the biggest applause lines at his campaign rallies. ‘This isn’t anything new,’ Trump campaign spokesman Steven Cheung said. ‘On the school education stuff and critical race theory, he’s been talking about it since 2019 and 2020. And when he talks about gender ideology, he’s been mentioning that in his rallies, too.’ ‘He’s a candidate now, and he’s focused on forward-looking policy proposals,’ Cheung added.” [CNN, 2/4/23]
The Trump Administration Planned To Roll Back Obama-Era Policies Aimed At Ensuring That Minority Students Are Not Unfairly Disciplined. According to the New York Times, “The Trump administration is planning to roll back Obama-era policies aimed at ensuring that minority children are not unfairly disciplined, arguing that the efforts have eased up on punishment and contributed to rising violence in the nation’s schools, according to documents obtained by The New York Times. The decision culminates a nearly yearlong effort begun by the Trump administration after the massacre at Marjory Stoneman Douglas High School in Parkland, Fla. The deaths of 17 students and staff members on Feb. 14 prompted lawmakers in both parties to demand tougher gun laws, but after a brief flirtation with gun control, President Trump abandoned that focus and instead empowered a school safety commission, led by Education Secretary Betsy DeVos.” [New York Times, 12/17/18]
The Obama-Era Regulation Was Designed To Ensure Children Of Color Were Not Disproportionately Punished Or Sent To Special-Ed Classrooms. According to the Washington Post, “The Obama-era rule changed how states must implement the Individuals with Disabilities Education Act, which governs special education in schools throughout the nation. Congress, responding to concerns that students of color were overrepresented in special education, requires that school systems collect data on the demographics and treatment of special-education students. This data can help determine whether African American special-education students are more likely to be removed from mainstream classrooms, for instance, or whether Hispanic special-education students face harsher discipline. If states identified problematic disparities, they could set aside federal special-education funds to help schools improve. But the Obama administration became concerned that states had too much leeway to determine when a problem exists. A 2013 report from the Government Accountability Office found that states identified just 2 percent of districts nationwide as having problems with disparities. Advocates suspect the problem is far more widespread.” [Washington Post, 3/8/19]
Under Trump’s FY 2018 Budget Proposal, The Education Department’s Office Of Civil Rights Saw Significant Staffing Cuts. According to the Washington Post, “Under President Trump’s proposed budget, the Education Department’s Office of Civil Rights — which has investigated thousands of complaints of discrimination in school districts across the country and set new standards for how colleges should respond to allegations of sexual assault and harassment — would also see significant staffing cuts. Administration officials acknowledge in budget documents that the civil rights office will have to scale back the number of investigations it conducts and limit travel to school districts to carry out its work […] In Education Department budget documents, the administration acknowledges that proposed funding levels would hamper the work of that department’s civil rights office. The budget would reduce staffing by more than 40 employees. ‘To address steady increases in the number of complaints received and decreased staffing levels, OCR must make difficult choices,’ the budget documents say. ‘OCR’s enforcement staff will be limited in conducting onsite investigations and monitoring, and OCR’s ability to achieve greater coordination and communication regarding core activities will be greatly diminished.’” [Washington Post, 5/29/17]
Trump’s Education Department Scaled Back Investigations Into Civil Rights Violations In The Public School System. According to the New York Times, “The Department of Education is scaling back investigations into civil rights violations at the nation’s public schools and universities, easing off mandates imposed by the Obama administration that the new leadership says have bogged down the agency. According to an internal memo issued by Candice E. Jackson, the acting head of the department’s office for civil rights, requirements that investigators broaden their inquiries to identify systemic issues and whole classes of victims will be scaled back. Also, regional offices will no longer be required to alert department officials in Washington of all highly sensitive complaints on issues such as the disproportionate disciplining of minority students and the mishandling of sexual assaults on college campuses.” [New York Times, 6/16/17]
Civil Rights Leaders Argued That The New Directives Would Discourage Staff From Opening Cases And Weaken Potential Investigations. According to the New York Times, “But civil rights leaders believe that the new directives will have the opposite effect. They say that Education Department staff members would be discouraged from opening cases and that investigations could be weakened because efficiency would take priority over thoroughness. ‘If we want to have assembly-line justice, and I say ‘justice’ in quotes, then that’s the direction that we should go,’ said Catherine Lhamon, who was the assistant secretary of the Education Department’s civil rights office under Mr. Obama, and who now heads the United States Commission on Civil Rights.” [New York Times, 6/16/17]
The Nonpartisan U.S. Commission On Civil Rights Said They Had ‘‘Grave Concerns’’ That The Protection And Fulfillment Of Civil Rights Would “Not Be Appropriately Prioritized.’’ According to the Michigan Chronicle, “On June 16, the nonpartisan U.S. Commission on Civil Rights weighed in on proposed cuts and issued a lengthy statement detailing a new two-year, comprehensive assessment of federal civil rights enforcement. In part the statement read, ‘The review will examine the degree to which current budgets and staffing levels allow civil rights offices to perform their statutory and regulatory functions.’ The Commission has grave concerns about continuing signals from the current Administration, including the President's proposed budget and statements of Cabinet and senior Administration officials, that the protection and fulfillment of civil rights of all persons will not be appropriately prioritized,’ continued the Commission statement. ‘These proposed cuts are particularly troubling in light of Education Secretary Betsy DeVos' repeated refusal in Congressional testimony and other public statements to commit that the Department would enforce federal civil rights laws.’” [Michigan Chronicle, 7/12/17]
September 22, 2017: Education Secretary Betsy DeVos Rescinded Obama-Era Guidance On School Sexual Assault. According to Politico, “Education Secretary Betsy DeVos announced Friday she was rescinding Obama-era guidance on school sexual assault, effective immediately. The agency issued a question-and-answer document to help schools navigate the highly contentious issue while a formal review is conducted. The document allows schools to use a higher standard of proof in campus disciplinary proceedings related to sexual violence, altering one of the most hotly debated elements of the Obama-era guidance. Instead, schools can opt to use a higher standard of proof — known as ‘clear and convincing evidence.’” [Politico, 9/22/17]
July 2017: Trump’s Education Secretary Met With Men Accused Of Campus Sexual Assault; The Men Who Met With The Education Secretary Claimed The Meetings Were ‘‘Uplifting.’’ According to Time, “Men who say they were falsely accused of sexual assault and harassment in college left their meeting with Education Secretary Betsy DeVos on Thursday feeling encouraged that a government official had seen their side of the story, they said. But advocates for sexual assault victims who met separately with DeVos on the same day had the opposite reaction, leaving with deep concerns about how the Education Department is approaching the issue of sexual violence on campus and fears that it could roll back more stringent guidelines implemented by the Obama administration […] Jonathon Andrews — who said he was falsely accused of sexual assault by two members of his Hanover College fraternity in 2015, after one of them sexually assaulted him — participated in one of the three meetings DeVos held Thursday. ‘It was very uplifting to me. It was a moment where you felt like you were finally being seen,’ he said.” [Time, 7/16/17]
DeVos Met With A Man Worked As An Advocate For SAVE Otherwise Known As Stop Abusive And Violent Environments. According to Time, “Andrews, 23, works with Stop Abusive and Violent Environments (SAVE), a nonprofit group that advocates to lawmakers and university officials for the due process rights of those accused of sexual assault. The group was labeled misogynistic by the Southern Poverty Law Center after it published a set of ‘key facts’ about domestic violence that said ‘female initiation of partner violence is the leading reason for the woman becoming a victim of subsequent injury.’” [Time, 7/16/17]
SAVE Was Labeled By The Southern Poverty Law Center Labeled As Misogynistic. According to Time, “Andrews, 23, works with Stop Abusive and Violent Environments (SAVE), a nonprofit group that advocates to lawmakers and university officials for the due process rights of those accused of sexual assault. The group was labeled misogynistic by the Southern Poverty Law Center after it published a set of ‘key facts’ about domestic violence that said ‘female initiation of partner violence is the leading reason for the woman becoming a victim of subsequent injury.’” [Time, 7/16/17]
President And CEO Of The National Women’s Law Center Stated That The Rule Changes Could Be “Devastating” To Survivors Of Sexual Assault. According to Politico, “But Fatima Goss Graves, president and CEO of the National Women’s Law Center, said the effects of the change could be ‘devastating’ to victims of sexual assault. ‘It will discourage students from reporting assaults, create uncertainty for schools on how to follow the law and make campuses less safe,’ Graves said. One footnote, she said, is particularly confusing. That footnote says, ‘The standard of evidence for evaluating a claim of sexual misconduct should be consistent with the standard the school applies in other student misconduct cases.’ Goss Graves said that seems to suggest the standard of evidence used for evaluating cases of sexual misconduct should be the same as the evidence used to evaluate cases of cheating or plagiarism. Colleges and universities should have different priorities when it comes to evaluating cases of sexual assault, she said.” [Politico, 9/22/17]
Leader Of The Advocacy Organization Know Your IX Stated That The Mediation Element In The Trump Administration’s Rules Would Prove Harmful To Survivors Of Sexual Assault. According to Politico, “In another new element, the new instructions will allow campuses to provide mediation in sexual assault cases if both sides agree to it — an option not permitted under the Obama-era guidance which pushed school leaders to combat sexual harassment, including sexual violence […] Alyssa Peterson, policy and advocacy coordinator for the victim’s advocacy organization Know Your IX, said the change on mediation is perhaps ‘the most frightening part of this for me.’ ‘It’s very intimidating for a victim to participate in a mediation session with their rapist,’ she said, and schools might not be the best ones to facilitate such a session.” [Politico, 9/22/17]
Survivors’ Advocates Condemned The Trump Administration’s Emphasis On Accused Students. According to the Washington Post, “Survivors' advocates decried DeVos's emphasis on wrongly accused students as out of step with reality, saying only a fraction of rape reports are found to be false. The criticism only intensified after Candice Jackson, acting head of Education's civil rights office, told the New York Times in July that ‘90 percent’ of campus sexual assaults were really drunken, regretted sex. Jackson later apologized for her statement, saying she had been ‘flippant,’ but the remark spurred a torrent of calls for her resignation or removal. For years, victims and advocates complained that university officials would prefer to ignore allegations of rape and sexual assault to avoid either bad publicity for the institution or getting mired in complicated, difficult-to-prove cases. The Obama administration pushed colleges to do better - to respond more quickly and more comprehensively, resolve the complaints and protect students who reported sexual assaults. And it did so with real force: the threat of withholding federal funding to schools that did not comply.” [Washington Post, 9/7/17]
The Trevor Project Condemned Trump’s Education Department For Undermining Sexual Assault Survivors “While Simultaneously Ignoring The LGBTQ Community.” According to a Trevor Project press release, “The Education Secretary discussed suicide attempts at length in her speech today yet with her actions she is creating irreparable harm and putting LGBTQ students at higher risk of suicidal ideation. She is taking national policy in the wrong direction, sending a message that undermines victims of sexual assault while simultaneously ignoring the LGBTQ community. Although no studies have been conducted specifically about LGBTQ college sexual assault survivors and suicidality, we know that LGBTQ youth in general are 3-4x more likely to attempt suicide and that sexual assault survivors are at greater risk of considering and attempting suicide. DeVos's statement sends a dangerous message to victims that their complaints aren't believed. Moreover, by discussing this issue in strictly 'women versus men' terms, she strongly reinforces the hetero and cissexist systems that can be barriers to LGBTQ students seeking help.” [Trevor Project, 9/7/17]
Trump Education Department Overhauled Rules Governing How Colleges Handled Allegation Of Sexual Assault. According to the Washington Post, “Education Secretary Betsy DeVos is set to release a sweeping overhaul of how colleges and universities must handle allegations of sexual assault and harassment, giving new rights to the accused, including the ability to cross-examine their accusers, people familiar with the matter said. The proposal is set for release before Thanksgiving, possibly this week, and replaces less formal guidance issued by the Obama administration in 2011. The new rules would reduce liability for universities, tighten the definition of sexual harassment, and allow schools to use a higher standard in evaluating claims of sexual harassment and assault..” [Washington Post, 11/14/18]
The New Rule Guarantees The Accused The Right To Cross-Examine Their Accusers. According to the Washington Post, “The most significant change would guarantee the accused the right to cross-examine their accusers, though that would have to be conducted by advisers or attorneys for the people involved, rather than by the person accused of misconduct. If requested, the parties could be in separate rooms during the cross-examination, an administration official said. They said this was done to bolster the due-process rights of the accused while assuring that victims are not directly confronted by their assailants. The Obama guidelines had strongly discouraged the use of direct cross-examination. The earlier DeVos draft allowed cross-examination but did not require schools to offer it as an option.” [Washington Post, 11/14/18]
The Rule Did Not Include A Defined Gender As Someone’s Biological Sex At Birth. According to the Washington Post, “The proposed rule will dodge a related controversial matter regarding the rights of transgender students. The Department of Health and Human Services had urged the Education Department to include a provision defining gender as someone’s biological sex at birth. The DeVos proposal does not include that idea.” [Washington Post, 11/14/18]
The Rule Allowed Both Sides To Appeal An Adverse Ruling. According to the Washington Post, “In another change, the proposal will allow both sides to appeal an adverse ruling, and not just the accused.” [Washington Post, 11/14/18]
The Rule Allowed Schools To Choose Between “Preponderance Of The Evidence” And The “Clear And Convincing” Evidence. According to the Washington Post, “The biggest may be the standard of proof required in assessing claims. Under the DeVos proposal, schools will be allowed to choose between ‘preponderance of the evidence’ and the higher bar of ‘clear and convincing’ evidence. The Obama guidelines had directed schools to use the ‘preponderance of the evidence’ standard.” [Washington Post, 11/14/18]
The Rule Required Schools To Use The Same Standard For Sexual Assault Cases As They Do For Other Complaints. According to the Washington Post, “The regulation also will require schools to use the same standard in these cases as they use for other complaints, including those against employees and faculty. Many union contracts and other agreements with faculty mandate the use of a higher ‘clear and convincing’ standard, several people said. So as a practical matter, many schools may be forced to apply the same higher bar for student complaints.” [Washington Post, 11/14/18]
The Rule More Narrowly Defined Sexual Harassment. According to the Washington Post, “In another major change from 2011 Obama guidelines, the new rules more narrowly define sexual harassment. It must be ‘unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it denies a person access to the school's education program or activity.’ Under Obama, harassment was ‘unwelcome conduct of a sexual nature.’” [Washington Post, 11/14/18]
The Rule Raised The Bar For When A University Could Be Held Responsible For Failing To Investigate A Sexual Assault Complaint. According to the Washington Post, “And the rules raise the bar for when an institution can be held legally responsible for failing to investigate a complaint. Under the new version, the school must have ‘actual knowledge’ of the allegation, made to an official who has the authority to ‘institute corrective measures.’ That means reporting the allegation to a professor or resident adviser is not sufficient to prove the university was aware of the matter because those people are not in a position to formally handle complaints.” [Washington Post, 11/14/18]
The Rule Stated Schools Must Have “Actual Knowledge” Of The Allegation Made To A School Official Who Had The Authority To “Institute Corrective Measures.” According to the Washington Post, “Under the new version, the school must have ‘actual knowledge’ of the allegation, made to an official who has the authority to ‘institute corrective measures.’ That means reporting the allegation to a professor or resident adviser is not sufficient to prove the university was aware of the matter because those people are not in a position to formally handle complaints.” [Washington Post, 11/14/18]
Eighty People Who Said They Were Victims Of Sexual Assault By Doctors At Three Major Universities Signed A Letter Urging DeVos To Make Campuses More Accountable For Investigation Allegations. According to the Associated Press, “Dozens of people who said they were victims of sexual assault by doctors at three major universities urged Education Secretary Betsy DeVos to make campuses accountable for investigating abuse allegations in a letter released Thursday. The Education Department is considering new guidelines that could change the way allegations are investigated under Title IX of federal civil rights law. DeVos has called for a ‘more balanced approach’ that respects the rights of the accused, especially students. The letter is signed by 80 people who said they were assaulted by doctors Larry Nassar of Michigan State University, George Tyndall of the University of Southern California or the late Richard Strauss of Ohio State University. Nassar is in prison, while Tyndall has denied the allegations and hasn't been charged with a crime. The victims are especially concerned about ordering colleges to allow cross-examination in student-discipline cases involving assault allegations. ‘That should not be the price of coming forward to report abuse,’ they wrote. ‘If it is, too many survivors would be deterred from moving forward on their complaints.’” [Associated Press, 11/1/18]
Trump’s Education Plan Called For Firing College Accrediting Organizations. According to Politico, “Former President Donald Trump is calling for a drastic expansion of the federal government’s oversight of colleges and universities, vowing to ‘reclaim’ campuses that he asserts are ‘dominated by Marxist Maniacs and lunatics.’ In a video released by his campaign on Tuesday, Trump outlined a plan to reshape higher education if he returns to the White House, echoing some of the policies that his possible Republican primary rival, Gov. Ron DeSantis, has pursued in Florida. ‘The time has come to reclaim our once great educational institutions from the radical Left, and we will do that,’ Trump said. ‘Our secret weapon will be the college accreditation system.’ Trump’s plan: Trump said he would ‘fire’ the existing accrediting organizations that oversee colleges and universities and replace them with new accreditors who would impose a range of new standards on colleges.” [Politico, 5/2/23]
Colleges Would Have To Remove DEI Administrators Trump Called “Marxist” Bureaucrats. According to Politico, “Under the plan, colleges would be required to remove all administrators involved in diversity, equity and inclusion efforts, whom Trump decried as ‘Marxist’ bureaucrats.” [Politico, 5/2/23]
Colleges Would Have To Implement Entrance And Exit Exams. According to Politico, “Colleges would also be required to offer options for ‘accelerated and low-cost degrees’ and provide ‘meaningful job placement and career services.’ And Trump would also force colleges to implement entrance and exit exams ‘to prove that students are actually learning and getting their money’s worth.’” [Politico, 5/2/23]
Trump Would Require Colleges Defend “The American Tradition And Western Civilization,” Though What That Means Was Uncertain. According to Politico, “In addition, the plan suggests that colleges would be required to ensure that their curriculum defends ‘the American tradition and Western civilization,’ though it does not provide additional details on what precisely that would entail.” [Politico, 5/2/23]
Trump Would Deny Federal Funds To Schools With A Vaccine Mandate. According to NBC News, “Trump, who pushed hard for the development of vaccines as president, echoed the rhetoric of DeSantis — who signed a ban on vaccine mandates last year. ‘I will not give a penny to any school that has a vaccine mandate,’ Trump declared Monday.” [NBC News, 3/13/23]
Trump Called For Giving Parents The Ability To Hire And Fire School Principals. According to the Washington Post, “Trump also proposed holding direct elections for parents to hire and fire school principals. Hess said that proposal lacks clear federal authority and raised a range of questions, such as who the candidates would be, whether they would be partisan, and who would set the qualifications and terms.” [Washington Post, 4/21/23]