The Monthly Update: September

Federal civil rights employees begin to return to work, judges challenge Trump’s dismantling of DEI, and the administration continues to redefine Title IX for schools nationwide.

Higher Education

Accessible admission data for students and parents

President Trump issued a memorandum requiring universities to show more transparent admission data in order to continue to receive federal funding. The memo promised that Secretary of Education Linda McMahon will “overhaul” the requirements for schools to report admission data and “revamp” the Integrated Post-secondary Education Data System (IPEDS), the online informational database, to be more user-friendly for students and families.

K-12

Displaying “The Ten Commandments” in schools could violate free speech

A federal judge temporarily blocked several Texas school districts from enforcing a law requiring public schools to display the Ten Commandments in every classroom, pending ongoing lawsuits and argued that it violates the First Amendment. The law was set to go into effect on September 1.

Virginia school districts violated Title IX, according to the DOE

The Department of Education (DOE) is threatening to revoke federal funding from several Virginia school districts for violating Title IX due to allowing transgender students to use restrooms and locker rooms aligning with their gender identity. DOE officials said that the Office for Civil Rights (OCR) finished its investigation, but the school districts failed to sign a proposed resolution agreement by its Aug. 15 deadline.

DEI

Judges continue to resist Trump’s anti-DEI policies

A federal Trump-appointed judge in Maryland found that DOE violated the law when it vowed to cut federal funding from educational institutions that maintained their DEI initiatives and programs. The judge wrote in her decision that Trump’s anti-DEI actions “initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished.”

Mississippi judge puts pause on banning DEI practices in public schools

Another federal judge blocked portions of Mississippi’s ban on diversity, equity and inclusion practices in public schools awaiting an active lawsuit. The blocked provisions prohibit public schools from teaching “divisive concepts” related to race, sex, gender identity, sexual orientation and national origin. DEI-focused programs, courses, or offices would also be forbidden.

Federal Rulings

Laid-off civil rights employees to return in September

DOE announced that it plans to reinstate more than 260 OCR staff previously cut in March as part of a reduction in force. The first wave of returning employees will begin September 8, and the rest will continue through November. The update was filed as a result of the Victim Rights Law Center v. US Department of Education, ordering that DOE continue its operations and “carry out its statutory functions.”

How We Can Help

As education professionals stay informed of all federal updates and prepare for their impact, TIXC can help keep your schools compliant. For general up-to-date information and how it affects you and your institution, join us for TIXC Thursdays on the first Thursday of every month. For more information about our consulting services, including advising, hearing adjudication, and investigation, contact us at info@titleixconsult.com.