Category: Federal Government Actions

SCOTUS Rules in Favor of Student in Free Speech Case (June 23, 2021)

On Wednesday, June 23, 2021, in an 8-1 vote, the U.S. Supreme Court (Court) declared that, although school administrators have the power to punish student speech that occurs online or off campus if it is disruptive to the school setting, Ā in the case of Mahanoy Area School District v. B.L. curse words posted from off campus did not adequately rise to the definition of disruptive. Thus, the foul language featuring “F-bombs” on Snapchat by a disgruntled cheerleader was deemed to be protected speech under the First Amendment.

Justice Stephen Breyer, writing for the Court’s majority, stated that, Ā “While public schools may have a special interest in regulating some off-campus student speech, the special interests offered by the school are not sufficient to overcome B. L.’s interest in free expression in this case.”

Justice Clarence Thomas dissented, suggesting that the rule of thumb has been that schools can regulate off-campus speech if it could be determined to be harmful to the school, including students and staff. In this particular case, Justice Thomas stated that he felt such standard was met.Ā  He stated that, “The courtā€™s foundation is untethered from anything stable, and courts (and schools) will almost certainly be at a loss as to what exactly the courtā€™s opinion today means,” Thomas wrote.

Thus, what was viewed as a potential landmark case with regard to off-campus speech was instead a very narrow ruling, leaving the door open for debate as to when schools can regulate off-campus speech as well as when they cannot do so. It has been left to future cases to produce such guidance.

In the words of Justice Breyer, “The schoolā€™s regulatory interests remain significant in some off-campus circumstances,” Breyer wrote. “Thus, we do not now set forth a broad, highly general First Amendment rule stating just what counts as ā€œoff campusā€ speech and whether or how ordinary First Amendment standards must give way off campus.”

To view the Court’s decision, click here.

USDE Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity (June 17, 2021)

On Wednesday, June 16, 2021, the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) issued aĀ Notice of Interpretation explaining that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity offered by a recipient of federal financial assistance.

USDE’s interpretation stems from the landmark U.S. Supreme Court decision in Bostock v. Clayton County, issued one year ago this week, in which the Supreme Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination ā€“ and our LGBTQ+ students have the same rights and deserve the same protections. I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “Today, the Department makes clear that all studentsā€”including LGBTQ+ studentsā€”deserve the opportunity to learn and thrive in schools that are free from discrimination.”

As OCR recentlyĀ reported, LGBTQ+ students often face additional challenges in schools, including disproportionately experiencing persistent bullying, harassment, and victimization. The vulnerability of LGBTQ+ students has only increased during the COVID-19 pandemic, leaving them without access to school-based mental health services and other supports. OneĀ surveyĀ found that 78 percent of transgender and nonbinary youth reported that their mental health was “poor” either most of the time or always during COVID-19, compared with 61 percent of cisgender youth.

The Notice of Interpretation continues OCR’s sustained effort to promote safe and inclusive schools for all students, including LGBTQ+ students. This action is part of the Biden-Harris Administration’s commitment to advance the rights of the LGBTQ+ community, set out in President Biden’sĀ Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender IdentityĀ and theĀ Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.

The Department of Education’s Notice of Interpretation is availableĀ here.Ā 

More information and resources for LGBTQ+ students are availableĀ here.

OCR Disseminates Dear Educator Letter on AAPI Harassment (May 27, 2021)

Sent on May 27, 2021, a new Dear Educator Letter from the U.S. Department of Education’s Office for Civil Rights (OCR) reminds schools of their obligation toā€Æinvestigate andā€Æaddressā€Æall forms ofā€Æharassment in educational environments, including harassment directed toward Asian American and Pacific Islander (AAPI) students. This responsibility carries through the academic year and in summer school-sponsored activities. The new letter also provides resources to support schools in fulfilling this responsibility.  

Recipients are asked to review the letter and share with colleagues. You will find this letter in OCRā€™s News Room.  

Earlier this month, OCR, jointly with the Department of Justiceā€™s Civil Rights Division, issued Confronting COVID-19-Related Harassment in Schools, a resource for students and families, in English and multipleā€ÆAsian/Pacific Islanderā€Ælanguages. The May 27, 2021 Dear Educator Letter builds on efforts across the government, including President Bidenā€™s memorandum, Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States, to recognize and address the recent increase in harassment and violence directed at AAPI individuals.  

To view the letter, click here.

The letter can also be accessed in OCRā€™s News Room.Ā 

Biden Administration to Provide Money for Hiring School Nurses (May 14, 2021)

On Thursday, May 13, 2021, the Biden administration announced the dedication of $7 billion from American Rescue Plan funds to hire and train public health workers, including school nurses to help schools safely reopen and remain open for in-person instruction. According to a statement from the White House, the funding will support a range of public health roles, including funding for Disease Intervention Specialists to do contact tracing, case management, and support outbreak investigations, and dedicated funding to hire school nurses to help schools safely reopen and remain open for in-person instruction.  

Click here to access the statement from the White House.

USDE Launches Outreach Campaign to Millions of K-12 Students Now Eligible for Monthly Discounts on Broadband Internet Service (May 14, 2021)

On May 12, 2021, the U.S. Department of Education (USDE) launched a major outreach campaign to millions of students who are now eligible for a monthly discount on broadband internet service under a temporary program administered by the Federal Communications Commission (FCC). The campaign will inform millions of families with children participating in the free or reduced-price lunch or school breakfast program, and 6.5 million Pell Grant recipients that they are now eligible for the discount of up to $50 per month. Eligible households on qualifying Tribal lands can receive a discount of up to $75 per month.

For more from the USDE, click here.

Click for more resources en espaƱol (Spanish).