Monday, August 19, 2024

Biden's Title IX policy patchwork remains in place

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Aug 19, 2024 View in browser
 
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By Bianca Quilantan

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PROGRAMMING NOTE: Morning Education will not be publishing from Aug. 26 through Sept. 2. We’ll be back to our normal schedule on Tuesday, Sept. 3.

The U.S. Supreme Court is shown.

The Supreme Court's ruling leaves in place the complicated patchwork of Title IX policies across the country as the school year begins. | Kevin Dietsch/Getty Images

TITLE IX PLEA REJECTED — The Supreme Court on Friday night rejected the Biden administration’s petition to partially lift two injunctions barring the Education Department from enforcing most of its Title IX rule.

— The rule, which took effect this month, interprets the federal education law that bars sex-based discrimination to include protections based on gender identity, sexual orientation and pregnancy status. It also overhauls much of the Trump-era policy that mandates how schools must respond to sexual misconduct.

— More than two dozen Republican attorneys general sued to block the rule and have been successful in doing so in the lower courts. But the Biden administration had asked the high court to allow enforcement of the bulk of the rule, except for the provisions related to gender identity. The government argued that the red states largely took issue with the gender identity provisions and the rest should proceed, but the states argued there was no way to separate them from the rule. The lawsuits have created a policy patchwork where the Education Department cannot enforce its regulation in about half of all states.

— Splitting 5-4 along an unusual divide, the high court said the Biden administration had “not provided this Court a sufficient basis to disturb the lower courts’” findings that the challenged gender identity and sex discrimination protections were “intertwined with and affect other provisions of the rule.”

— The ruling was met with swift praise from conservatives who perceived the ruling as a sweeping win. But the ruling is not a final determination on the legality of the new rule, and the legal fight could still return to the high court in the future.

— “VICTORY! The Supreme Court has ruled what we all know to be true: the Biden-Harris radical rewrite of #TitleIX is illegal,” said former Education Secretary Betsy DeVos on X. "They should withdraw their anti-woman regulation immediately.”

— Meanwhile advocates for LGBTQ+ students expressed disappointment with the order. “Every student deserves to be safe,” said Cathryn Oakley, senior director of legal policy at the Human Rights Campaign. “It is disappointing that the Supreme Court has allowed far-right forces to stop the implementation of critical civil rights protections for youth.”

IT’S MONDAY, AUG. 19. WELCOME TO WEEKLY EDUCATION. Let’s grab coffee. 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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Driving the day

Workers prepare for next week's Democratic National Convention at the United Center in Chicago.

The Democratic National Convention starts today. | J. Scott Applewhite/AP

DNC WATCH — Vice President Kamala Harris’ economic plan that was unveiled on Friday was light on education policies and notably didn’t address student loan debt, which has been a key part of the Biden administration’s economic messaging. Instead, the plan focused on the Democratic presidential nominee using her first 100 days in office to reduce grocery costs, tackle price gouging, lower the costs of owning and renting a home and expanding the Child Tax Credit to provide a $6,000 tax cut to families with newborn children.

— Advocates for student loan borrowers have been optimistic that Harris will address the debt, though she hasn’t spent much time talking about that. Harris, however, did promise: “In the weeks to come, I will address in greater detail my plans to build an opportunity economy."

In the meantime, here’s what’s on tap at the Democratic National Convention that starts today in Chicago and ends on Thursday.

— Monday’s theme is “For the People,” Axios reported. Here’s who’s speaking: President Joe Biden is set to deliver a speech, along with first lady Jill Biden, former Secretary of State Hillary Clinton and Chicago Mayor Brandon Johnson. Harris’ vice presidential nominee Minnesota Gov. Tim Walz is expected to speak Wednesday night, and Harris will close out the convention with the final speech Thursday.

— A possible nod to Howard University? POLITICO’s Eugene Daniels and Shia Kapos reported that the convention has reinvented itself for Harris. Part of that includes visiting Howard University to shoot videos that will be shown at the convention. Harris would be the first president who is an alum of a historically Black university.

 

During unprecedented times, POLITICO Pro Analysis gives you the insights you need to focus your policy strategy. Live briefings, policy trackers, and and people intelligence secures your seat at the table. Learn more.

 
 
THE STATES

CULTURE CLASH IN FLORIDA — Hundreds of books about gender and diversity were hauled away in a dumpster from the library of the New College of Florida last week, sparking another clash at the small college, The Associated Press reported.

— The disposal comes about a year after Republican Gov. Ron DeSantis overhauled the college’s leadership and governing board to pursue a more conservative institution at the liberal arts college. The board also dismantled the office of diversity and equity and voted to shut down the campus’ gender studies program.

— “We abolished the gender studies program. Now we’re throwing out the trash,” said Christopher Rufo, a DeSantis governing board appointee, on X.

— But the disposal sparked criticism from the American Civil Liberties Union, which aligned the action with “censorship.”

— “These actions are nothing short of a cultural purge, reminiscent of some of history’s darkest times, where regimes sought to control thought by burning books and erasing knowledge,” Bacardi Jackson, executive director of the ACLU of Florida, said in a statement.

 

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Ron DeSantis speaks during a press conference.

Florida Gov. Ron DeSantis has endorsed a slate of 23 candidates — targeting eight incumbents — as he seeks to reshape more school boards on the heels of big wins in 2022. | Rebecca Blackwell/AP

ANOTHER TEST FOR DESANTIS — The Florida governor has made shaping the state's education system central to his legacy, but he’s facing a major test this week as he and his allies square off against Democrats and the state’s largest teachers union in school board elections across the state, POLITICO’s Andrew Atterbury reports.

— “We have been really leaning in, for the first time in a really long time, if potentially ever, into our down ballots, into our school boards,” said Nikki Fried, Florida Democratic Party chair. “Because unfortunately, we have seen for the last six years the attacks on our school boards, the attacks on our public education system.”

— Although the campaigns are technically nonpartisan, DeSantis has endorsed a slate of 23 candidates — targeting eight incumbents — as he seeks to reshape more school boards on the heels of big wins in 2022. The Aug. 20 races serve as the beginning of a larger fight to come in November. Floridians are set to vote on a constitutional amendment proposed by legislative Republicans that would add party labels to school board races.

 

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Syllabus

— Fresh starts, new year: Here’s how the DMV is getting ready for school: The Washington Post

— Maryland Gov. Wes Moore says Blueprint education policy may need adjustments: The Baltimore Sun

— Back to school. Freedom at last: The Atlantic

— ‘The Man Who Couldn’t Stop Going to College’: The New York Times

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