Category: Federal Government Actions

US Supreme Court Decides Not to Hear Charter School Case (June 26, 2023)

On June 26, 2023 the U.S. Supreme Court (Court) decided not to hear Charter Day School, Inc. v. Peltier, a case that initially arose in 2016 after parents at a North Carolina charter school challenged a uniform policy preventing girls from wearing shorts or pants. They claimed the policy, which required girls to wear skirts, was sex discrimination and in violation of Title IX. The Court’s decision is in line with a May 2023 amicus brief filed by the US Department of Justice (DOJ), which requested that the Court not hear the case.

In a press release later that day, Nina Rees, President and CEO of the National Alliance for Public Charter Schools, stated “We are pleased that the Supreme Court has declined to hear the case, allowing the Fourth Circuit’s decision to stand. Charter schools are public schools and are, in fact, state actors for the purposes of protecting students’ federal constitutional rights. In essence, the Court’s decision to not hear the case avoids making a determination as to whether private entities authorized by the state to operate a public charter school are state actors subject to federal constitutional requirements. Thus, the court of appeals’ decision — that CDS is a state actor when it enforces its student dress code and the enforcement of its student dress code is state action — remains intact.

NAPSA Endorses IDEA Full Funding Act to be Re-introduced in Congress (June 25, 2023)

During the week of July 10, 2023 Sen. Chris Van Hollen and Rep. Jared Huffman plan to re-introduce the IDEA Full Funding Act. NAPSA, PAPSA’s parent organization, is endorsing the Act via a joint letter that will be sent to both chambers of Congress. The only changes from the bill last Congress are an updated 10-year glidepath and the House bill text contains a section consistent with the CUTGO rule in effect this Congress. Rep. Huffman’s office has circulated a Dear Colleague letter (DCL) seeking co-sponsorship and the House bill is expected to be bipartisan again.

USDE: Proposed Section 504 Rule Expected in August (June 25, 2023)

In efforts to address barriers for students with disabilities, fix outdated language and align with civil rights laws the US Department of Education (USDE) is expected to publish a proposed Section 504 rule update in August 2023. According to a Spring 2023 announcement, the update is aimed at bringing clarity to how Section 504 accommodations for students with disabilities aligns with the civil rights protections under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA).

The update is expected to provide update outdated language and needed guidance for K-12 school districts and colleges regarding regulations for Section 504 of the Rehabilitation Act of 1973, which have remained relatively unchanged since their inception.

A according to an annual report, in FY 2022, the USDE’s Office for Civil Rights (OCR) received 6,467 complaints regarding Section 504 and ADA Title II issues and it resolved 5,187 of those complaints. Most of the complaints (3,363) centered on issues around free appropriate public education (FAPE). In addition to an informal request for public comments, the USDE held listening sessions to gather feedback regarding the proposed rules.

For more from K-12 Dive click here.

USDA to Release Final Regs on Free Meal Expansion & Nutrition in April 2024 (June 25, 2023)

The U.S. Department of Agriculture (USDA) is determining final regulations over the expansion of the Community Eligibility Provision (CEP) and stricter school nutrition standards and expects to release final rules in April 2024 on two important school meal proposals, one to expand free meals served to all students at high-poverty schools and the other to heighten nutrition guidance.

The first change, initially proposed in March 2023, would expand access to the CEP, which allows schools with high concentrations of low-income families to serve free breakfast and lunch without requiring an application for the benefit. The USDA’s proposal aims to lower the minimum threshold for a school or district’s CEP eligibility from 40% of enrolled students to 25%.

The 45-day comment period on the CEP expansion closed in May 2023.

For more from K-12 Dive click here.

USDE and DOJ Joint DCL: Discrimination in School Discipline Still a ‘Significant Concern’ (June 13, 2023)

On Friday, June 9, 2023, the US Departments of Education (USDE) and Justice (DOJ) released a joint Dear Colleague Letter titled Resource on Confronting Racial Discrimination in Student Discipline. The DCL directed the country’s schools to make sure that their discipline policies and practices do not discriminate against students “based on race, color or national origin.”

According to the DCL, discrimination in schools based on race, color, and national origin in student discipline was, and continues to be, a significant concern, and is in violation of Title VI.

The departments also warned that they will “vigorously enforce Federal laws to eliminate unlawful discrimination based on race, color, or national origin in student discipline.”

To view the joint DCL, click here.