USDE Likely to Miss Latest Title IX Revision Deadline (March 11, 2024)

The U.S. Department of Education (USDE) has yet to produce final proposals for two Title IX proposals due to their controversial nature. The most recent deadline of this month is likely to come and go as the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs continues to hold meetings upon request with members of the public to discuss the proposed regulations. In fact, according to K-12 Dive OMB still has 17 additional meetings scheduled through March 28th.

One proposal would protect LGBTQ+ students under the federal anti-discrimination law for the first time. It would also change Title IX implementation in a way that would make investigation and resolution processes more practical for schools educators. The other proposal would create a framework for transgender students’ participation on sports teams that align with their gender identities.

Both controversial proposals have already seen two deadlines missed – first last May and most recently last October.

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Biden’s State of the Union Touts High-quality Tutoring (March 8, 2024)

In his March 7th State of the Union Address to Congress, President Joe Biden called for raising the number of tutors and mentors in schools to help address learning loss; increasing and expanding high-quality tutoring and summer learning programs; expanding the child tax credit; implementing universal preschool; and the importance of preventing gun violence while calling attention to its impacts on schools.

He also said to “Stop denying another core value of America, our diversity” and decried the banning of books to serve the purpose of silencing diverse voices and topics.

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CDC Lifts COVID-19 Isolation Guidance (March 4, 2024)

On March 1, 2024, the Centers for Disease Control and Prevention (CDC) issued updated COVID-19 guidance for community settings. According to the update, people who have tested positive can return to normal activities when they are fever-free for at least 24 hours without taking medication; thus, they no longer need to isolate for five days.

The CDC also recommends that those people who return to work use additional prevention strategies for the next five (5) days to help curb the virus’ spread. As a result, the CDC’s new guidance now matches public health advice for flu and other respiratory illnesses. That advice is to stay home when you’re sick, but return to school or work once you’re feeling better and you’ve been without a fever for 24 hours.

The revisions result from  decreases in the most severe outcomes of COVID-19 since the beginning of the pandemic, as well as the realization that many people are no longer testing themselves for COVID-19.

Source: NBC News

Excerpts from the CDC’s New Guidance

Stay home and away from others (including people you live with who are not sick) if you have respiratory virus symptoms that aren’t better explained by another cause. These symptoms can include fever, chills, fatigue, cough, runny nose, and headache, among others.*

  • You can go back to your normal activities when, for at least 24 hours, both are true:
    • Your symptoms are getting better overall, and
    • You have not had a fever (and are not using fever-reducing medication).
  • When you go back to your normal activities, take added precaution over the next 5 days, such as taking additional steps for cleaner air, hygiene, masks, physical distancing, and/or testing when you will be around other people indoors.
    • Keep in mind that you may still be able to spread the virus that made you sick, even if you are feeling better. You are likely to be less contagious at this time, depending on factors like how long you were sick or how sick you were.
    • If you develop a fever or you start to feel worse after you have gone back to normal activities, stay home and away from others again until, for at least 24 hours, both are true: your symptoms are improving overall, and you have not had a fever (and are not using fever-reducing medication). Then take added precaution for the next 5 days.

*Symptoms may include but are not limited to chest discomfort, chills, cough, decrease in appetite, diarrhea, fatigue (tiredness), fever or feeling feverish, headache, muscle or body aches, new loss of taste or smell, runny or stuffy nose, sneezing, sore throat, vomiting, weakness, wheezing.

U.S. Department of Education’s Office for Civil Rights Releases New Resources on Students with Disabilities (February 21, 2024)

On February 20, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) released four new resources with information for students, parents and families, and schools addressing civil rights of students with disabilities, as well as a data snapshot about education access for students with disabilities drawn from OCR’s 2020-21 Civil Rights Data Collection (CRDC).

OCR issued these new resources to inform students with disabilities, and their families and schools, about their legal rights under Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination against students with disabilities by institutions that accept federal financial assistance, which includes almost all public schools and public and private institutions of higher education.

“We issued these new resources to give students, including those with asthma, diabetes, food allergies, and GERD, as well as their families and schools, important tools to understand when and how they are protected by federal disability rights laws,” said Assistant Secretary for Civil Rights Catherine E. Lhamon.

OCR’s new CRDC data snapshot reports that 8.4 million students with disabilities accounted for 17% of the overall public school enrollment in the 2020-21 school year, the most recent school year for which the Department has civil rights data. Three percent (1.6 million) of the overall student enrollment were students with disabilities who received educational aids and services under Section 504 only. 

The Department’s National Center for Education Statistics estimates that students with disabilities accounted for 21% of undergraduates and 11% of postbaccalaureate students in the 2019-20 school year.

The four new resources address common medical conditions that can be disabilities for purposes of Section 504: asthma, diabetes, food allergies, and gastroesophageal reflux disease (GERD). These resources, which are applicable to all levels of education, explain when these medical conditions trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination.

OCR also released a new CRDC data snapshot profiling educational opportunities provided to public school students with disabilities during the 2020-21 school year. It reflects troubling differences in the experiences of students with disabilities compared to their non-disabled peers. For example, higher percentages of students with disabilities were physically restrained or secluded than students without disabilities.

Students with disabilities were also overrepresented in disciplinary actions when compared to their total student enrollment. And students with disabilities were underrepresented in Advanced Placement courses, gifted and talented programs, and dual enrollment or dual credit programs.

The new resources regarding asthma, diabetes, food allergies, and GERD are available on the OCR website. The new CRDC disability snapshot, and other CRDC data reports and snapshots, are available on the CRDC website.

CDC May End Five-day COVID Isolation Recommendation (February 21, 2024)

The Centers for Disease Control and Prevention (CDC) is considering the possibility of loosening the five-day COVID-19 isolation guidance that many school systems have been using to mitigate the spread of the COVID-19 virus. According to K-12 Dive, the isolation guidance is under review by the CDC with the possibility of revising them to align those recommendations with those used for the flu and RSV.

That would mean that people who have tested positive could return to school and work once they are without fever for at least 24 hours without taking medication and their symptoms are mild and improving. It is believed that such new guidance would help schools to address pervasive student absenteeism exacerbated by the pandemic and which has affected academic performance.

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