Category: News

USDE Provides Q&A Doc. to Help Clarify Its Stance on DEI in Schools (March 4, 2025)

On February 28, 2025, the U.S. Department of Educationā€™s (USDE) Office for Civil Rights (OCR) released a frequently asked questions document to answer anticipated questions that may be raised in response to the Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard that was issued on February 14, 2025 and stated that Title VI prohibits schools from ā€œusing race in decisions pertaining toā€¦administrative supportā€ and ā€œall other aspects of student, academic, and campus life.” Title VI is the federal civil rights law that protects against race-based discrimination. The Q&A document is titled Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act.

Following the February 14th DCL, the USDE launched an anti-DEI portal aimed at identifying potential areas for investigation. USDE also encouraged parents, students, and teachers to use the portal to bring to USDE’s attention schools or school districts using ā€œillegal discriminatory practices,ā€ as well as the teaching of ā€œdivisive ideologies and indoctrination.ā€

According to K-12 Dive, how the USDE’s focus on DEI programming will impact students with disabilities remains to be seen. Since schools often serve disabled students through inclusive practices. While the special education community has asked for clarification on that issue, the updated guidance does not answer those questions.

For more from K-12 Dive, click here.

McMahon Confirmed as U.S. Ed. Sec. (March 4, 2025)

On March 3, 2025, Linda McMahon was confirmed as the new U.S. Secretary of Education. Her first order of business will be the downsizing and possible elimination of the U.S. Department of Education (USDE). McMahon’s confirmation was on the same date that USDE workers were given an opportunity to accept a $25,000 separation agreement by a minute before midnight as per a February 28th written notice.

At a February 13th hearing, McMahon stated that there were possible ways to move programs from the USDE to other agencies. For example, education-related civil rights investigations could be housed at the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) could take responsibility for the delivery of IDEA services for disabled students. She also stated her aim to expand school choice and skills-based learning, give local schools and parents more decision-making power, and protect students from discrimination and harassment. For more from K-12 Dive, click here.

HHS Will No Longer Be Required to Be Open for Public Comment Prior to New Policy Implementation (March 3, 2025)

On March 3, 2025, U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., published a policy statement in the Federal Register that rescinds the current policy (also known as the Richardson Waiver) of requiring new rules and regulations to be open to public comment before they are implemented by the agency.

In fact, since 1971 the Richardson Waiver has been in place to impose notice-and-comment periods above and beyond those required under the Administrative Procedure Act (APA). Thus, it has been the practice of HHS, under the Administrative Procedure Act, to allow the public an opportunity for public comment voice to their support or opposition to government rule proposals.

As published, the new policy states: “The Department of Health and Human Services’ (the Department) Immediate Office of the Secretary is rescinding the policy on Public Participation in Rule Making (Richardson Waiver) and re-aligning the Department’s rulemaking procedures with the Administrative Procedure Act.”

According to the US News and World Report, HHS says it is revoking the waiver because the public participation process imposes too many responsibilities on it and is “beyond the maximum” requirements of the law (APA). Those obligations “are contrary to the efficient operation of the department, and impede the department’s flexibility to adapt quickly to legal and policy mandates.”

Opponents of this move by HHS point to the importance of public comment and transparency when making rule-making decisions that affect the health and welfare of the people.

Click here to view the document.

Click here to see the actual posting in the Federal Register.

Learn more from the US News and World Report by clicking here.

PDE and DHS Announce 2025 School-Based ACCESS Program Stakeholder Sessions (March 1, 2025)

The Pennsylvania Department of Human Services (DHS) and the Pennsylvania Department of Education (PDE) are announcing the schedule for School-Based ACCESS Program (SBAP) stakeholder sessions. PA received a grant from the federal government to support expansion of school-based health services beyond those contained in an IEP. To develop the best program and plan for expansion, PDE and DHS need as much stakeholder input as possible.

DHS and PDE want to hear from you and will be holding in-person stakeholder sessions across seven different locations and dates. Attendance at these events is limited to 50 individuals per site to ensure that voices are heard and input is captured. Attendees will participate in small group discussions to respond to questions about the provision of health-related services in the school setting and to share the needs Local Education Agencies (LEAs) experience in providing these services.

Interested parties may register to attend the sessions based on their location and availability. Registration is required (instructions below) and is limited, so register soon!

Registration is available for each live session online via the Pennsylvania Training and Technical Assistance Network (PaTTAN) at https://www.pattan.net/events/inservices-workshops/course-3454/events/session-40778.

Please contact Sharon Kennedy at Ā [email protected] with any registration questions.

For content questions, please contact DHS at [email protected].

USDE Cancels NAEP (February 28, 2025)

Since the 1970s, the National Assessment of Educational Progress (NAEP) has monitored student performance in reading and math for students ages nine, 13 and 17. These assessments, known as The Nationā€™s Report Card, measure studentsā€™ educational progress over long periods to identify and monitor trends in academic performance. However, the NAEP, which was scheduled to be given this March through May, has been cancelled by the U.S. Department of Education USDE .

With the U.S. Department of Educationā€™s (USDE) cancellation of the NAEP for 17-year-olds, education researchers are losing one resource for evaluating post-high school readiness, although some say the test was already a missed opportunity since it hadnā€™t been administered since 2012 due to the pandemic.

The USDE cited funding issues in its cancellation of the exam.

For more from K-12 Dive, click here.