DREDF Rejects Attempt by Trump Administration to Reverse Progress on School Safety

DREDF Rejects Attempt by Trump Administration to Reverse Progress on School Safety

On December 18, the Trump Administration’s Federal Commission on School Safety released its recommendation to remove 2014 guidance issued by the Education Department and the Department of Justice to eliminate disparities in school discipline. This guidance came about after a comprehensive review and study and talking extensively to all stakeholders seeking to interrupt the disgraceful and disproportionate suspension of students of color and disabled students from school.

For more information on Breaking the School To Prison Pipeline, read the report DREDF authored for the National Council on Disability.

The guidance the Administration seeks to withdraw created minimum standards and basic protections for children with disabilities and other at-risk students from discriminatory practices that feed the school-to-prison pipeline. Withdrawl not only harms students, but also families, communities, and our nation. Data shows, and DREDF sees firsthand, that often students of color, foster kids and children with disabilities—many students fit into all of these categories—are subjected to the most punitive and exclusionary discipline. The administration’s regressive recommendations would reverse hard fought improvements to correct these established, irrefutable disparities.

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MARIAN WRIGHT EDELMAN: Will We Welcome the Children?

MARIAN WRIGHT EDELMAN: Will We Welcome the Children?

When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the Lord your God. — Leviticus 19:33-34

Every third weekend of October, many thousands of people of faith come together all across America for the National Observance of Children’s Sabbaths celebrations launched by the Children’s Defense Fund to unite congregations across religious traditions to respond to the divine mandate to nurture, protect and advocate for all children.

This year, congregations will focus on faithful sustained action to end child poverty, protect children from gun violence and end the heartless separation of children from their families.

Those who talk about our nation’s cruel treatment of immigrant families will likely lift up the mandate in all great faiths to welcome and care for the foreigner and the stranger. But as people of faith across our country call for us to treat immigrants with compassion, the Trump administration is doing just the opposite. Last week the administration published a proposed change to the federal “public charge” rule that has the potential to plunge millions of children and their immigrant families into poverty, hunger and homelessness.

When individuals apply for lawful permanent residency or entry into the United States, immigration officials consider whether that person is, or is likely to become, reliant on the government — in other words, a “public charge.” The current longstanding federal policy is to consider whether an individual will rely on the government for more than half of their income by examining whether he or she receives cash assistance or will need long-term care benefits. But the unprecedented change proposed by the Trump administration would allow immigration officials to deny green cards and visas to immigrants who use public benefits from an expanded list of programs including non-emergency Medicaid, the Supplemental Nutrition Assistance Program (SNAP), housing assistance and the Medicare Part D low income subsidy. This proposal threatens millions of children and their families.

With this change, the administration threatens to shut down legal paths to citizenship for families that use these safety net programs they depend on — and are legally entitled to — to feed their children, put a roof over their heads and keep them healthy. Even people who haven’t used these programs in the past can be denied a green card or visa if there is a suspected risk they are “likely” to use them in the future.

Nearly one in four children in America has at least one immigrant parent, and nearly 90 percent of those children are citizens. By making legal use of safety net programs a “heavily weighted” factor in determining whether an individual qualifies as a public charge, millions of immigrants will be subject to this expanded definition of public charge, which is likely to cause both immigrants and their children to forego crucial benefits such as food assistance, health coverage and safe housing for fear of the consequences.

This is profoundly unjust, immoral, un-American and downright shameful. America is a nation of immigrants (including the first lady and her parents). The words inscribed on the Statue of Liberty call on us to welcome those “huddled masses yearning to breathe free.” But the cruel immigration policies of the Trump administration force families into the shadows, suffocating them with harsh measures meant to punish them for daring to dream of a better life for their children in America.

Foreigners to our land deserve to be treated as our neighbors. Their children deserve to breathe free. But these cruel Trump policies meant to punish adults and deter immigration end up doing huge harm to children. Is this who we are called to be as a nation? We must stand together and in a unified voice reject this radical change to the public charge rule and demand an end to the cruel immigration policies of this administration which continue to victimize children each and every day.

There are three things you can do today to take a stand against this attack on immigrant families and children. First, go to https://protectingimmigrantfamilies.org and submit a comment against the proposed change to the public charge rule. The administration is required by law to review these public comments so now is the time to make your voice heard.

Second, participate in this year’s National Observance of Children’s Sabbaths celebration. There are resources available for leading discussions with children and adults alike about welcoming immigrant families.

Third, look around your own community and take part in local efforts to support immigrant and refugee families who need your help now more than ever. Together we can resist unjust policies and deliver on our nation’s commitment to those who come here seeking a better life.

And those of us who profess Christianity as our faith should remember that baby Jesus was an immigrant in a foreign land. Let us welcome Him in our land today.

Marian Wright Edelman is president of the Children’s Defense Fund.

COMMENTARY: Emmett Till, Violence, Voting Rights and Education Policy

COMMENTARY: Emmett Till, Violence, Voting Rights and Education Policy

Emmett Louis "Bobo" Till (July 25, 1941 – August 28, 1955). He was a fourteen year old African-American from Chicago, Illinois who went to stay for the summer with his uncle, Moses Wright in Money, Mississippi. (Photos: Wikimedia Commons)

Emmett Louis “Bobo” Till (July 25, 1941 – August 28, 1955). He was a fourteen year old African-American from Chicago, Illinois who went to stay for the summer with his uncle, Moses Wright in Money, Mississippi.

By: Lynette Monroe (NNPA Newswire Guest Columnist)

August 28th, marked the day, 63 years ago, when Emmett Till was savagely beaten and lynched in Mississippi. It is the same day, 8 years later, that Dr. Martin Luther King Jr. delivered his immortal “I Have a Dream” speech. Ten years ago, on that day, then candidate Barack Obama accepted the Democratic presidential nomination. On August 28th of this year, Florida elected its first Black gubernatorial candidate, Democrat Andrew Gillum.

Despite the horror of Emmett Till’s murder in 1955, August 28thhas marked a date of victory and progress for Blacks in America. Many of these victories were obtained by Blacks showing up to the polls.

However, these change-making triumphs were — and often still are — met with retaliation from those that benefit most from the status quo.  Therefore, we must remain vigilant in securing unprecedented Black voter participation in the 2018 elections by exercising our constitutional right to vote — a right the current administration has failed to protect.

During the White House’s first press briefing following President Trump’s visit to Helsinki, April Ryan questioned Press Secretary Sarah Huckabee Sanders about voter suppression and election meddling. The White House failed to state a clear position.

It is up to each of us as Americans to decide whether or not the United States will protect from foreign and domestic adversaries. Ensuring that our right, as citizens, to vote in free and fair elections is secure. However, history reminds us that the U.S. has a poor record of protecting those rights for all of its citizens — especially when those citizens are African Americans.

Fortunately, forewarned is forearmed. Our opponents have not changed their tactics. The enemies of justice have always known this fact that education is inextricably tied to freedom: Our right to read is as fundamental as our right to vote.

Brown vs. the Board of Education, the famous Supreme Court decision which declared school segregation unconstitutional, was rendered in 1954. In 1956, just two years after Brown, Look magazine published the confessions of J.W. Milam and Roy Bryant, the men acquitted for the brutal murder of Emmett Till. In the article, Milam indicated that school integration and voting rights were motives for his violent behavior.

“As long as I live and can do anything about it,” Milam said, “Niggers are gonna stay in their place. Niggers ain’t gonna vote where I live. If they did, they’d control the government. They ain’t gonna go to school with my kids.”

While the tactics and techniques employed are no longer as violent and blatant as Milam and Bryant’s, the intent to suppress Black votes and simultaneously limit access to an equitable education continues into the 21stcentury.

In 2012, measured against the population, the percentage of Black voter participation surpassed that of Whites. In 2013, just one year later, the Supreme Court voted to void section 5 of the Voting Rights Act of 1965, allowing nine, mostly southern and historically discriminatory states, to change their election laws without advance federal approval. Immediately, Texas re-enacted a previously blocked voter identification law and began making plans for redistricting.

In 2015, President Barack Obama signed the Every Student Succeeds Act (ESSA) into law. ESSA is the reauthorization of the Elementary and Secondary Education Act (ESEA) of 1965 and is designed to ensure access to high-quality education for all children regardless of the color of their skin, geographic location, or socioeconomic status. A major distinction between this law and earlier reauthorizations is that it grants each state the power to develop the academic standards and evidenced-based interventions that best fit the needs of their population.

ESSA represents an opportunity to establish a more equitable playing field but the Trump administration’s 2019 federal budget proposes cutting $3 billion from the Education Departmentwhile investing over a billion dollars in school choice programs. The risk to equitable education: More than 90 percent of students in the United States attend public schools, and, as of 2014, attendance in America’s public schools is majority-minority.

In June of this year, the Supreme Court upheld Ohio’s right to purge voting rollsif voters have failed to participate in recent elections and fail to respond to a notice from election officials. Nationwide initiatives to clear inactive voters from the rolls are thinly veiled attempts to reduce “widespread voter fraud,” enacted by several Republican-controlled legislatures, despite overwhelming datathat establishes that voter fraud I essentially non-existent.

Opponents of justice realize that access to education enhances the prospect that citizens will exercise our voting rights. The ethical lapses and physical violence that often arise as a result of progress in these areas is no coincidence. To combat voter suppression, the National Newspaper Publishers Association  (NNPA), in partnership with other civil rights groups, has launched a campaign to drive 5 million additional Black voters to the polls.

In his remarks to the attendees of the NAACP’s convention in San Antonio, Texas, Dr. Benjamin F. Chavis Jr., NNPA President and CEO, remarked that much of what is happening in Washington, D.C. today, “is in reaction to our going to the polls and voting. Voter suppression is taking place because weare voting.”

Lynette Monroe is the program assistant for the NNPA’s Every Student Succeeds Act Public Awareness Campaign and a master’s student at Howard University. Her research areas are public policy and national development. Follow Lynette on Twitter @_monroedoctrine.

COMMENTARY: Education Chief DeVos: Failing to Make the Grade

COMMENTARY: Education Chief DeVos: Failing to Make the Grade

State Representative Leon D. Young


By State Representative, Leon D. Young

Before she was even sworn in as Education Secretary, Betsy DeVos emerged as one of the most controversial members of the Trump Administration. Her confirmation required a historic tie-breaking vote from Vice President Mike Pence after every Senate Democrat and two Senate Republicans voted against her. In the months since, like many others in the Trump Administration, DeVos has set about rolling back Obama-era policies, from Title IX guidance on campus sexual assault to regulations on for-profit colleges. She quickly found support from conservatives who had backed her previous work as a school choice advocate, but she struggled to build broad national support for her initiatives. DeVos, a prominent Republican donor, faced criticism from Democrats, teachers’ unions and civil rights advocates, many of whom noted that she did not have a background as an educator.

It would be an understatement to suggest that DeVos’ first year alone has sparked a number of controversies, some of which include:

  • In September (2017), DeVos rolled back controversial Obama-era guidance on how universities should handle sexual assault complaints on campus. The 2011 guidelines had instructed universities to use a “preponderance of the evidence” standard when adjudicating sexual assault complaints instead of the “clear and convincing evidence” standard, which requires a higher burden of proof and was used by some schools at the time.
  • DeVos stoked further controversy when she held meetings on campus sexual assault in July (2017), speaking with victims of sexual assault as well as students who say they’ve been falsely accused. Coupled with the acting head of the department’s Office for Civil Rights assertion that 90% of sexual assault complaints “fall into the category of ‘we were both drunk.’
  • Under her guidance, the Department of Education and the Department of Justice rescinded guidelines that allowed transgender students to use the bathrooms aligned with their gender identity.
  • In June (2017), an internal memo indicated that the department was scaling back investigations into civil rights violations at public schools and universities. In the two months that followed, the department also closed or dismissed more civil rights complaints than previous administrations had in similar periods of time.
  • DeVos has also led efforts that blocked the Obama Administration’s protections for students attending for-profit colleges. The regulations would have provided debt forgiveness to students defrauded by for-profit colleges and would have cut off funding to for-profit colleges that burdened students with loans while failing to prepare them for gainful employment.

Let’s fast-forward to now. DeVos is once again making waves and headlines as she ponders whether to allow grants from the academic support fund to be used for a highly controversial purpose: guns. The $1 billion Student Support and Academic Enrichment grants is intended for the country’s poorest schools and school districts to use the money toward three goals: providing well-rounded education, improving school conditions for learning and improving the use of technology for digital literacy.

Given the fact that the Every Student Succeeds Act, signed into law in 2015, is silent on weapons purchases, that omission would allow Ms. DeVos to use her discretion to approve or deny any state or district plans to use the enrichment grants under the measure for firearms and firearms training.

In addition, such a move would reverse a longstanding position taken by the federal government that it should not pay to outfit schools with weaponry. It would also undermine efforts by Congress to restrict the use of federal funding on guns.

DeVos is clearly an anomaly, who is ill prepared for the job. She is the first education secretary in the department’s 35-year history to not have been a public-school parent or student. DeVos attended private institutions for both grade school and college, and her four children were educated at private schools, too.

In my view, Betsy DeVos is unqualified, clearly unfit, and obviously too conflicted to serve as the U.S. Education Secretary and who, for all intents and purposes—appears bent on taking down the very institution she’s entrusted with.

This article originally appeared in The Milwaukee Courier.

Trump’s Move to Pull Obama-Era Diversity Guidance for Schools Angers Democrats

Trump’s Move to Pull Obama-Era Diversity Guidance for Schools Angers Democrats

More than a month after the Trump administration withdrew guidance designed to encourage racial diversity in the nation’s public schools, Senate Democrats have rebuked the decision, saying it will lead to confusion in schools as well as at institutes of higher education and restrict opportunities for historically disadvantaged students.

In an Aug. 6 letter to the U.S. Departments of Education and Justice, which formally revoked the Obama-era guidance in early July, Sen. Patty Murray, D-Wash., the top Democrat on the Senate education committee, and Sen. Dianne Feinstein, D-Calif., the top Democrat on Senate Judiciary Committee, also demanded to know how the decision to revoke the guidance was reached. The two senators also asked for a list of complaints of discrimination based on race and ethnicity filed against K-12 and postsecondary institutions with the Education Department’s office for civil rights since the start of 2016.

In their joint letter withdrawing the guidance, the Trump Education and Justice Departments told schools that the Obama administration’s guidance advocated for “policy preferences and positions beyond the requirements of the Constitution” and the 1964 Civil Rights Act.

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What Would a Merged Education and Labor Department Look Like?

What Would a Merged Education and Labor Department Look Like?

Education Week logoBy Alison Klien

President Donald Trump’s proposal to scrap the U.S. Department of Education and merge it with the Department of Labor reflects the administration’s priority on workforce readiness and career development. It is likely to require a heavy lift on Capitol Hill, if past proposals are any guide.

The creation of a Department of Education and the Workforce, which the administration proposed June 21, aims to help the nation’s schools catch up to counterparts in other countries that handle both issues in one agency, including some that U.S. Secretary of Education Betsy DeVos visited on a recent swing through Europe.

“I saw such approaches during my first international trip as the U.S. secretary of education to schools in Switzerland, the Netherlands, and the United Kingdom,” DeVos wrote in an Education Week commentary that appears in this issue. “Each country takes a holistic approach to education to prepare students for career and life success…”

But congressional Democrats overwhelmingly panned the proposal, which would almost certainly need their votes to pass. Republicans said the idea is worthy of consideration but haven’t introduced legislation to make it a reality.

Attempts to get rid of the Education Department, or to mesh it with another agency, go back decades. In 1981, the Reagan administration tried to bust the department down to a subcabinet-level agency, to no avail. And former Rep. Steve Gunderson, R-Wis., pitched a similar plan back in 1995. That plan also failed to gain traction.

Educators and advocates are highly skeptical of the latest proposal.

One local superintendent worried about the message it sends…

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How Do Districts Plan to Use Their ESSA Block Grant Money?

How Do Districts Plan to Use Their ESSA Block Grant Money?

Education Week logoMany districts are about to get a big boost in funding for the most flexible piece of the Every Student Succeeds Act: the Student Support and Academic Enrichment Grants, better known as Title IV of the law. The program just got a big, $700 million boost from fiscal 2017 to fiscal 2018, bringing its total funding to $1.1 billion. And it could get even more money next year, because the House appropriations subcommittee in control of federal education spending is seeking $1.2 billion for the program in new legislation.

Districts can use Title IV funding for a wide range of activities that help students become safer and healthier, more well-rounded, or make better use of technology. And districts have a lot of leeway to customize Title IV to their needs. However, districts that get $30,000 or more must do a needs assessment, and spend at least 20 percent on an activity that makes students safer, and 20 percent on something that makes kids more well-rounded.

So how do districts plan to spend the money? Three education groups—AASA, the School Superintendents Association, the National Association of Federal Program Administrators, and Whiteboard Advisors—surveyed districts to find out. Since May, 622 districts have responded to the survey…

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Want more on Title IV? Check out this explainer. And if you want to dive even deeper, check out an archived version of this webinar.

House Votes to Cut Children’s Health Insurance Funding as Advocates Keep Watch

House Votes to Cut Children’s Health Insurance Funding as Advocates Keep Watch

Education Week logoLast week, the House of Representatives voted to approve a package revoking about $7 billion in funding reserved for the Children’s Health Insurance Program. The decision hasn’t gone over well in the children’s advocacy community. But what’s next for this controversial proposal?

First, some background: The House vote last week dealt with a $15 billion “rescissions” package proposed earlier this year by President Donald Trump. The Trump team is seeking to slash the government’s bottom line—even though Trump signed a big spending increase into law for fiscal 2018. Most of the cuts would come from unspent federal funds.

Nearly half of that rescissions package, part of a bill that the House passed 210-206, comes from CHIP, which provides health care to kids from low-income families. As we reported earlier this year, $5.1 billion of the rescission would come out of a part of CHIP that reimburses states for certain expenses. Roughly $2 billion would be cut from CHIP reserves, which help states deal with higher-than-expected enrollment in the program. The Trump team has argued this unspent money is no longer needed. The rescissions would not impact current payments to states.

But when the Republican-controlled House moved to approve the rescission package, including the CHIP cut, opponents of the Trump administration’s move re-upped their previous criticisms of the proposal.

After House passage of the rescissions bill, Child Health USA, an initiative started by the child advocacy group First Focus, published a series of tweets blasting the vote:

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Trump Administration Considering ESSA Spending Guidance, Advocates Say – Politics K-12 – Education Week

Trump Administration Considering ESSA Spending Guidance, Advocates Say – Politics K-12 – Education Week

Education Week logoU.S. Secretary of Education Betsy DeVos’ team is working on guidance to help districts and states puzzle through changes to a key spending rule—known as “supplement-not-supplant”—in the Every Student Succeeds Act, multiple education advocates say.

DeVos and company have made it their mission to “right-size” the department, which they say became too powerful and too intrusive during the Obama and Bush years. For that reason, they’ve been reluctant to issue new guidance on a variety of topics. Instead, they’ve focused on getting rid of guidance and regulations from past administrations that they see as duplicative, outdated, or overly prescriptive.

ESSA made some key changes to “supplement not supplant” that says federal Title I funds targeted at low-income students must be in addition to, and not take the place of, state and local spending on K-12. And districts and states have questions about how those changes are supposed to work.

The Education Department did not respond to multiple requests to confirm that it would be issuing new guidance on ESSA spending…

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What’s in Store for States on Federal ESSA Oversight

What’s in Store for States on Federal ESSA Oversight

Education Week logoWith the 2018-19 school year in full swing, U.S. Secretary of Education Betsy DeVos has finished approving nearly every state’s plan to implement the Every Student Succeeds Act. But in some ways, the federal government’s work on ESSA is just beginning.

The federal K-12 law’s hallmark may be state and local control, yet the Education Department still has the responsibility to oversee the more than $21 billion in federal funding pumped out to states and districts under ESSA. That will often take the form of monitoring—in which federal officials take a deep look at state and local implementation of the law.

And the department has other oversight powers, including issuing guidance on the law’s implementation, writing reports on ESSA, and deciding when and how states can revise their plans.

Even though ESSA includes a host of prohibitions on the education secretary’s role, DeVos and her team have broad leeway to decide what those processes should look like, said Reg Leichty, a co-founder of Foresight Law + Policy, a law firm in Washington.

Given the Trump team’s emphasis on local control, “I think they’ll try for a lighter touch” than past administrations, Leichty said. But there are still requirements in the law the department must fill, he added.

“States and districts shouldn’t expect the system to be fundamentally different [from under previous versions of the law.] They are still going to have to file a lot of data,” Leitchy said.

But advocates for traditionally overlooked groups of students aren’t holding their breath for a robust monitoring process, in part because they think the department has already approved state plans that skirt ESSA’s requirements…

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