| | | | |  | | By Bianca Quilantan | With help from Juan Perez Jr.
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Riley Gaines, a former University of Kentucky swimmer and Independent Women's Forum ambassador, delivers remarks at a rally in Washington D.C. | Independent Women’s Forum | ON SHAKY GROUND — The Biden administration’s rule that bolsters discrimination protections based on gender identity is facing an uncertain future after three federal judges ruled to block the regulation. — The final Title IX rule, which is slated to take effect in August, interprets the federal education law that bars sex-based discrimination to include banning discrimination based on gender identity and sexual orientation. But it has been challenged by 26 states and has been temporarily blocked in 14 states. The early court wins are emboldening activists and GOP attorneys general who are seeking to put an end to the rule. — “I feel the most hopeful now than I have felt at any point over these past two years,” said Riley Gaines, a former University of Kentucky swimmer who has become a leading figure in the movement to push back on policies allowing transgender students to play on women’s sports teams. — At a “Take Back Title IX” bus tour rally held in June at The Bullpen in Navy Yard, Gaines told a crowd of supporters that she is hopeful because of the laws restricting transgender athletes in more than two dozen states, the more than two dozen attorneys general suing over the rule, and a Court of Arbitration for Sport ruling in June that found Lia Thomas — a high-profile transgender swimmer — could not compete in World Aquatics competitions. — The bus tour, which drew about 3,000 people to rallies in 30 states last month, also included advocates like former Education Secretary Betsy DeVos, former Rep. Tulsi Gabbard (I-Hawaii), 18-time Grand Slam winner Martina Navratilova and other athletes and coaches.
|  House Speaker Mike Johnson stands with Reps. Virginia Foxx and Mary Miller, former collegiate swimmer Riley Gaines and former Education Secretary Betsy DeVos after leading a Title IX panel. | Bianca Quilantan/POLITICO | — At the same time, several other Title IX events were held in D.C. to garner support to crush the regulation. House Speaker Mike Johnson led a Title IX panel with Gaines, DeVos and Rep. Virginia Foxx (R-N.C.) and vowed a vote on a measure to block the rule. At a Heritage Foundation event in front of the Supreme Court, Louisiana Attorney General Liz Murrill touted her injunction win and urged other states to pursue challenges. “What’s unfortunate is that there will be a number of states who remain unprotected,” Murrill said. “I encourage anyone in those states to reach out to [the Alliance Defending Freedom] or to other organizations who are willing to fight for them so that they can obtain the same protections that their leaders in their states refused to provide.” — Meanwhile, the Biden administration seems to be taking its foot off the gas on certain protections for transgender students who want to play sports. Its proposed sports eligibility rule would make it illegal for schools to adopt or enforce policies that categorically ban transgender students from participating on teams that align with their gender identity. But on Friday, the administration’s Spring 2024 Unified Agenda moved that proposed rule to a long-term action, without a rough deadline for a final rule. — “Anti-trans sports bans are pushed by extremists who are bullying some of the most vulnerable students,” said Shiwali Patel, senior director of safe and inclusive schools at the National Women’s Law Center, who has been a key advocate for the rule. “Doing nothing to address actual gender inequities in sports, these bans are not only discriminatory they also invite gender policing and excessive scrutiny of all women and girls,” she said. “All kids should be able to enjoy the same benefits and opportunities in school, including when playing school sports.” — The Education Department did not reply to a request for comment by deadline. But the administration is fighting the temporary blocks in court, asking the courts to uphold other parts of its Title IX rule — including provisions to protect parenting students — while lawsuits proceed. IT’S MONDAY, JULY 8. WELCOME TO WEEKLY EDUCATION. WHAT SHOULD WE BE LOOKING OUT FOR THIS WEEK? Drop me a line at bquilantan@politico.com. Send tips to my colleagues Rebecca Carballo at rcarballo@politico.com, Mackenzie Wilkes at mwilkes@politico.com and Juan Perez Jr. at jperez@politico.com. And follow us: @Morning_Edu and @POLITICOPro.
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| | BIDEN’s LATEST UNIFIED AGENDA — The Biden administration unveiled its Spring 2024 Unified Agenda late Friday, which outlines key regulatory priorities and rough, self-imposed deadlines for when the administration will get them done. Here's what to watch: — Student debt relief final rule: A final rule could be expected as soon as October, according to the Education Department’s list. This would align with the administration’s promise to implement the plan by early fall. “This administration is committed to providing relief to as many borrowers as possible as quickly as possible,” an Education Department spokesperson said about the rule. The proposal would forgive unpaid interest for some 25 million Americans who now owe more on their loans than they originally borrowed. It would also help more than 2 million borrowers who’ve carried their debts for decades and another 2 million borrowers who would have qualified for existing federal programs but failed to enroll. — Student debt relief hardship proposal: A proposed rule for borrowers experiencing hardship could be expected by September. Hundreds of groups representing millions of borrowers previously called on the Education Department to immediately unveil its proposal, which could include automatic forgiveness of loans for borrowers at a high risk of default and others who “show hardship due to other indicators,” like high medical and caregiving expenses. Some groups lauded the movement on the rule, but they also said September is too far away. “We hope the Administration does not wait until September to release the proposal — this timeline forces millions of borrowers to wait even longer for promised relief,” said Persis Yu, deputy executive director of the Student Borrower Protection Center. — The Education Department spokesperson said the hardship proposal "is an important step in this Administration’s permanent solutions to the problem of unaffordable loans. In the meantime, we will continue to fix our country’s broken student loan system and help deliver much needed relief to borrowers."
|  President Joe Biden speaks about the student debt relief portal beta test as Education Secretary Miguel Cardona listens Oct. 17, 2022, in the South Court Auditorium on the White House complex. | Susan Walsh/AP | — Antisemitism proposal: A proposed Title VI rule is back on the list after it was previously moved to a long-term action. The proposal, which has been delayed several times, would implement executive orders that address the Education Department’s enforcement of Title VI in cases involving harassment and discrimination based on shared ancestry or ethnic characteristics. — So what’s missing? Like we mentioned earlier, the Title IX sports eligibility rule. The regulation, which was proposed in April 2023, was moved to a long-term action without a rough deadline for a final rule. Several civil rights and education advocacy groups have been pressing the Biden administration to move more quickly, especially as more restrictions on transgender athletes emerge. “Explicit Title IX regulatory protections requiring inclusive sports policies are still needed, especially given that half of states have anti-trans sports bans in place,” said Patel, of the National Women’s Law Center. “We urge the Biden administration to not go back on its plan to ensure that transgender, nonbinary, and intersex students can play school sports alongside their peers.” — But groups pushing against the Title IX rule are still skeptical that the already finalized regulation won't extend to sports. “We’re not fooled,” said May Mailman, director of Independent Women’s Law Center. “[The administration's] failure to finalize the sports rule does not indicate a change in position, just cowardice. The Biden Administration wants to sneakily adopt its anti-woman policy to please the far-left without alienating the general public.”
| | | HOUSE RULES TAKES UP TITLE IX CRA — Speaking of: The House Rules Committee today at 4 p.m. will take up a GOP measure that seeks to block the Biden administration’s Title IX rule. — The resolution — H.J. Res. 165 from Rep. Mary Miller (R-Ill.) — includes 72 Republican cosponsors. It's also backed by GOP lawmakers in the upper chamber, who unveiled an identical resolution led by Sen. Cindy Hyde-Smith (R-Miss.). A vote on the House measure is expected sometime this week, but is unlikely to be taken up in the Senate. CASSIDY TO INTRODUCE FAFSA BILL — Sen. Bill Cassidy (R-La.), the top Republican on Senate HELP, is introducing a bill today that would require the Education Department to make the Free Application for Federal Student Aid available to students by the usual Oct. 1 date. The bill is a companion to a measure introduced by Rep. Erin Houchin (R-Ind.) in the House on Friday. — The bills come amid some skepticism among lawmakers and education advocacy groups that the Education Department will be able to meet that deadline, after it faced a turbulent rollout of its new, streamlined form this year with several delays that left millions of students in limbo. — The Education Department confirmed it is working on making the form available by Oct. 1. However, it will not publish the draft 2025-26 form for public comment, which is often done by March.
| | LABOR WAR — Striking National Education Association staff members are getting locked out of their access to company assets today as an ugly internal contract fight shows no signs of easing. — NEA managers announced late Sunday their sharp response to a walkout from headquarters workers, days after National Education Association Staff Organization members went on strike and halted a planned appearance by President Joe Biden at the union's annual convention. — “To best protect the interests of our members, the Association, and our staff, we have made the difficult decision to institute a protective lockout of the NEASO-represented employees to safeguard NEA’s operations,” a spokesperson for the union management said in a statement. — The labor giant’s negotiators say its employees are hitting picket lines as part of what it argues are “unprotected strikes” under the National Labor Relations Act. The staff union insists its strikes were legal. — “NEA management’s punitive lockout of its own employees is a dangerous, reckless, and reactionary move that undermines the rights of every union worker in this country,” staff union President Robin McLean said in a statement.
| | — Students target teachers in group TikTok attack, shaking their school: The New York Times — Wrongful-death suit against prep school over teen’s suicide moves forward: The Washington Post — Alabama lawmakers consider new school funding model: The 74
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