FEDERAL UPDATES & RESOURCES
Updates
Policy Changes and Government Actions:
- New memos from the Department of Defense (DOD) in reference to the Administration’s EO on Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” and “Ending Radical Indoctrination in K-12 Schooling.” Both memos give specifics on what they are removing. Here and Here.
The House Education and Workforce Committee held a hearing on the state of education featuring Nicole Neily, the president of Parents Defending Education, and Janai Nelson, the president and director-counsel of the NAACP Legal Defense Fund.
- Democratic leaders in Congress want Acting U.S. Secretary of Education Denise Carter to provide a range of information to confirm the Education Department is ensuring continuity of programs and safeguards
- Executive Order: Keeping Men Out of Women’s Sports
Executive Order: Expanding Educational Freedom and Opportunity for Families (Calls for more public funds to go to privately operated schools including religious schools)
Executive Order: Ending Radical Indoctrination in K-12 Schooling (more analysis coming soon, calls for defunding schools that are using any kind of equity approach or supports trans students)
Trump administration strips schools, churches of immigration enforcement protections
Education Department rescinds Biden-era book ban guidance and OCR dismissed 11 related complaints and eliminated the position of book ban coordinator
Appointments and Staffing at Agencies:
- Nominee for Education Secretary Linda McMahon Senate Confirmation Hearing will be this thursday Feb 13th at 10am est, livestream available.
- Department of Justice Civil Rights Division Appointee
- U.S. Department of Education Announces Incoming Trump-Vance Senior Appointees
- Trump fires independent inspectors general in Friday night purge (Includes Department of Education)
- Education Department employees placed on leave for attending diversity training
- The Trump administration disbanded a federal school safety board
News and Analysis
- Congressional Progressive Caucus Center – Breaking down the Senate’s budget blueprint (calls for huge cuts in education)
Federal Resources
Civil Rights Data Collection
Federally collected data on many important factors related to the protection of student and family rights in schools. We have been able to use this data to show racial disparities within schools or districts, to highlight particular groups of students experiencing high levels of exclusionary discipline and reveal other patterns of inequity. It includes info from all k-12 schools in the nation receiving federal funds, including regular school district-run schools, charters, vocational-technical schools, and schools in juvenile justice facilities — a total of 98,010 schools.
On Jan 16, 2025 in the last days of the Biden Administration, the 2021-22 CRDC data was released. Analysis from DSC member ACLU of PA is listed below:
This dataset covers the first non-COVID school closure year. The previous release, covering the 2020-21 school year, was seriously compromised by data quality issues due to periodic school closures, making the school climate and discipline data unusable. The resource equity data from that year is useful. For the details, check out our presentation on this Dignity in Schools Campaign webinar, slides 15-29.
This dataset is the “public-use” version. In other words, a statistical rounding procedure has been applied to the raw data to protect student privacy as required by FERPA.
The Ed Dept has produced an overview of nationwide trends, its “first look” report
There’s a trick to using the dataset. You have to download the public release files and work with the data yourself from this page.
The portal with the automated tools has not yet been populated with the data for the 2021-22 school year.
And the state and national data trends tables and graphics for 2021-22 have not been released or posted, although the nationwide trends are discussed in the “first look” summary.
The 2021-22 release includes, for the first time, data in the following areas: the number of nonbinary students enrolled in those school districts that collect such information; religious harassment disaggregated by the religion being targeted; reported incidents of rape and sexual assault committed by school staff and how schools responded to such allegations.
Five Key Trends Highlighted by the Office of Civil Rights
High schools with high enrollments of Black and Latino students offered fewer courses in mathematics, science, and computer science than schools with low enrollments of Black and Latino students.
A majority (68%) of students who attended public schools where fewer than half of the teachers met all state certification requirements were Black and Latino.
Black students and Native American or Alaska Native students were 1.3 times more likely than White students to attend a school with a sworn law enforcement officer or security guard but no school counselor, and Native Hawaiian and Other Pacific Islander students were 1.2 times more likely.
Black boys and girls, Hispanic boys, White boys, boys of two or more races, and students with disabilities who received services under IDEA were overrepresented in suspensions and expulsions compared to their overall K-12 enrollments. Approximately 2.3 million students received one or more in-school suspensions and about 2.4 million students received one or more out-of-school suspensions.
Boys, Black students, students of two or more races, and students with disabilities who received services under IDEA were subjected to physical restraint and seclusion at higher percentages than their overall K-12 enrollments. Approximately 105,700 K-12 students were physically restrained, mechanically restrained, and/or placed in seclusion at schools.
Government Created Federal Resources
As presidential administrations come and go, they have different priorities and are able to change laws and policies to reflect that. However, some laws remain constant no matter who is in charge, and most civil rights laws fall into that category. Below are resources that were created by different federal agencies that summarize what the law is. Even though these resources were developed by earlier administrations, they are still useful as explanations of what the law is and what rights students and families have. You can still use these documents to show schools, districts and states what their current obligations are to follow the law. Even if they are removed from the government websites, that does not make them any less true.
Civil Rights Protections Against Retaliation: A Resource for School Communities – US Department of Education (2024)
Fact Sheet: Harassment based on Race, Color, or National Origin on School Campuses – US Department of Education (2024)
Ancestry or Ethnic Characteristics – US Department of Education (2024)
Dear Colleague Letter: Addressing Discrimination Against Muslim, Arab, Sikh, South Asian, Hindu, and Palestinian Students – US Department of Education (2024)
Frequently Asked Privacy-Related Questions About Filing a Complaint with OCR – US Department of Education (2024)
Confronting Discrimination Based on Religion in Schools: A Resource for Students and Families – US Department of Justice
Protecting Access to Education for Unaccompanied Children: A Resource for Families and Educators – US Departments of Education and Justice
Protecting Access to Education for Migratory Children: A Resource for Families and Educators (2023)
Guiding Principles for Creating Safe, Inclusive, Supportive, and Fair School Climates – US Department of Education (2023)
Resource on Confronting Racial Discrimination in Student Discipline – US Departments of Education and Justice (2023)
Fact Sheet: Diversity & Inclusion Activities Under Title VI – US Department of Education (2023)
Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs – US Department of Education and Health and Human Services (2023)
Questions And Answers: Addressing The Needs Of Children With Disabilities And IDEA’s Discipline Provisions – US Department of Education (2022)
Dear Colleague Letter on Implementation of IDEA Discipline Provisions – Department of Education (2022)
Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders US Department of Education (2022)
Fact Sheet: Restraint and Seclusion of Students with Disabilities – US Department of Education (2016)
Restraint and Seclusion of Students with Disabilities – US Department of Education (2016)
Resources from DSC, Our Members and Allies on Federal Policies and Procedures
DSC Federal Legislative Priorities
As youth, parents, educators, organizers, researchers, advocates and community leaders, we see the grave consequences of a culture of zero-tolerance, punishment, criminalization and removal in our schools every day. Harsh, discriminatory discipline and policing practices mean many youth are pushed out of school, funneled into the criminal justice system, and denied the opportunity to reach their full potential. This is particularly true for Black students and other students of color, students with disabilities, LGBTQ+ students, and other marginalized students.
The pandemic has made clear what we have always known: students’ academic development is intertwined with their social and emotional growth and mental health needs. Schools must create safe and supportive environments where all students can thrive, and yet students enter school buildings every day facing the prospect of being paddled, arrested, locked in a closet, or handcuffed. We cannot continue to allow this to happen.
In order to build true community and safety in school we urgently need to address these basic contradictions that we find in our schools: We cannot foster safety if we continue to allow students to be physically abused by school staff in the form of corporal punishment. Schools will not be welcoming, supportive environments for all as long as police patrol the halls and view young people as threats. Students cannot develop trusting relationships with adults that seclude and restrain them rather than meeting their needs.
- End Corporal Punishment! Protecting Our Students in Schools Act House (H.R. 3836), Senate (S. 2029) – for more info: ‘What They Are Saying’ Document, Bill One-Pager and Bill Text, Press Conference featuring DSC members Nollie Jenkins Family Center
- End Federal Money for Police in Schools! Counseling Not Criminalization in Schools Act ( H.R. 4011), Senate (S.2125 ) – for more info: Press release and digital toolkit from Murphy’s office, Kick off event video, Sign on letter.
- End Seclusion and Restraint! Keeping All Students Safe Act (KASSA) House (H.R. 3474), Senate (S.1858) – for more info: Stop Hurting Kids Fact sheet
We still have so much work to do to create schools where all students can thrive. These bills provide an opportunity to address some of the most egregious human rights violations in our schools.
Every Student Succeeds Act (ESSA)
In December 2015, President Obama signed the Every Student Succeeds Act (ESSA) into law, reauthorizing the Elementary and Secondary Education Act (ESEA), the most comprehensive federal education funding legislation, last passed in 2001 as No Child Left Behind. Every Student Succeeds Act (ESSA) has many opportunities for community input, see our toolkit Engage for Education Equity for more information on how to use ESSA policies to advocate for what you want.
Resources to Help in Your Federal Advocacy
Our goal is to offer a one-stop-shop of resources to assist you with your federal advocacy needs. We will update the page periodically to ensure you have the best, most recent and relevant information.
DSC Days at the Capitol
The DSC Days at the Capitol brings together parents, students, educators and education advocates who seek to raise awareness and build support for urgently needed school discipline reform. For the Days at the Capitol, members of the DSC travel to Washington, D.C.
DSC Federal Policy Recommendations
We have developed federal policy recommendations and national action strategies for promoting positive alternatives to zero-tolerance discipline, such as Positive Behavior Interventions and Supports, restorative practices, conflict resolution and mediation programs.
