An Anti-Antiracist Federal Curriculum is Neither Patriotic nor Legal. Discuss.

The Trump Administration recently waded into waters reserved – not only by tradition but also by federal law – for state and local educational agencies: what curriculum is taught in public schools. Most significantly, the President threatened to withhold federal education funding from the state of California if it uses the 1619 Project curriculum. In a September 17 speech delivered at the White House Conference on American History, he described that particular curriculum (and other anti-racist approaches) as “toxic propaganda, ideological poison that, if not removed, will dissolve the civic bonds that tie us together.” He also announced the creation of a 1776 Commission that would “promote patriotic education” and a National Endowment for the Humanities grant that would fund the creation of “a pro-American curriculum that celebrates the truth about our nation’s great history.”
Many education and legal experts quickly pointed out that federal law prohibits the federal government from getting involved in state and local decisions about curriculum. Most cited Section 8526A of the major federal education statute, the Every Student Succeeds Act (ESSA), which states:
No officer or […]

EducationCounsel supports efforts to protect rights of transgender students across the country

Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher LLP on behalf of GLSEN, the National PTA, the American School Counselor Association, and the National Association of School Psychologists (referred to as “amici” below) in the U.S. Supreme Court and several federal circuit courts of appeal.
While equitable access to school restrooms may seem unimportant and tangential to some, being able to use the restroom that matches his gender identity has been the plight of Gavin Grimm, and to an increasing number of transgender and gender non-conforming individuals, for many years. His journey continues with the Fourth Circuit Court of Appeals hearing oral arguments on his case late last month — for the second time.
Last year, EducationCounsel filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit on behalf of Gavin (Grimm v. Gloucester Country School Board). Gavin, who identifies as transgender, is a former student of Gloucester County Schools and has been fighting for relief […]

EducationCounsel’s Statement on Racial Justice

June 3, 2020
The horrific killings of George Floyd, Ahmaud Arbery, Breonna Taylor and countless other Black people, combined with the nationwide protests that followed, have once again laid bare the painful truth that systemic racism and inequities remain an unconscionable blight on our nation.  In criminal justice.  In housing.  In healthcare. In employment. And also in education.
In this moment, like too many that have preceded it, we hear, honor, and share the grief and outrage of our Black family members, friends, and colleagues; and we commit to speaking up and taking action—Black lives matter.

Building Back Better: Ensuring Equitable Funding for the Students Who Need it Most

May 28, 2020
Cathy Holahan & EducationCounsel
The K-12 public education system has a long way to go towards providing truly equitable student experiences and outcomes for students — ones that prepare them to thrive in school and beyond. We know that in order to create equitable learning environments we must aspire to a number of key characteristics for schools — including culturally affirming curriculums, safe and empowering climates, and flexible designs that meet the needs of all learners.

The CARES Act: Five Things that School and District Leaders Need to Know Now

April 30, 2020
Sean Worley, Scott Palmer

The following was created in partnership with the Wallace Foundation and originally appeared on their blog on April 23, 2020.
The newly enacted federal law in response to the coronavirus crisis provides more than $30 billion for K-12 and higher education programs; more than $4 billion for early childhood education; and other supports such as forgivable loans to nonprofits, including many providers of afterschool or summer programs. The Coronavirus Aid, Relief and Economic Security (CARES) Act comes at a moment when many states and districts are closing schools while seeking to continue to educate students, out-of-school-time programs are pondering how best to offer services and summer is fast approaching.
To assist decision makers, this post summarizes five things that school and district leaders should know about the major education provisions in the CARES Act. It also contains information pertaining to nonprofits.

The $2.3 trillion CARES Act provides new, one-time funding for states, districts and schools—based in part on poverty but with significant flexibility regarding where funds are used.

The law includes a $30.75 billion Education Stabilization Fund divided into three parts and meant to provide initial […]

Lessons Learned, or Lost?

September 6, 2019
Kathryn Young

As I chat with my kids about their first week of school, I can feel their nervous excitement about new classmates and teachers, books yet unread, projects to come, and hidden talents yet to be discovered.  School systems and homes all across America share in this time of preparation and anticipation for the new school year.  Often less heralded, however, is the work schools and education systems do to look back at prior work and figure out how this year can be even better.   For example, at my children’s school, a committee of parents and teachers are starting the year with a backwards look at the newly-released state assessment scores.  We are asking ourselves what the data mean for the effectiveness of last year’s strategies and staffing.  We’ll use those insights to help decide what to keep or change this year and beyond.  It is just one part of a larger process of continuous improvement the school uses to learn from and improve its supports and strategies.
In many schools, fall is also the time for new […]

Federal Nondiscrimination Law Regarding Diversity

June 26, 2019
Art Coleman and Jamie Lewis-Keith

Earlier this month, the College Board, NASFAA, and EducationCounsel released a new publication, Federal Nondiscrimination Law Regarding Diversity: Implications for Higher Education Financial Aid and Scholarship Policies and Programs.  This resource provides guidance to enrollment professionals around financial aid strategies and scholarship policies involving the consideration of race, ethnicity and sex that advance the institution’s diversity goals and are legally sustainable.
Financial aid and scholarship policies and practices are subject to the same federal nondiscrimination laws as admissions programs, but unlike admissions, they have not generated significant attention or been the subject of Supreme Court decisions.  Notably, the current legal landscape now involves an increased number of federal litigation and agency enforcement claims that reflect an expanded scope (beyond admissions), including allegations of race and sex discrimination in financial aid, as well as co-curricular and similar programs.
Advancing the diversity-associated mission of institutions of higher education requires attending to the imperatives of good policy and legal sustainability.  This guide seeks to elevate awareness of how to do that, with a focus on financial aid and […]

Taking a Holistic Look at Higher Ed Admissions

December 13, 2018
Art Coleman

I’m very pleased to share that the College Board’s Access and Diversity Collaborative today released “Understanding Holistic Review in Higher Education Admissions: Guiding Principles and Model Illustrations.” The guide provides insights into the logic, rigor, and fairness behind effective holistic review–a practice that is under attack in a growing number of court and agency actions. My co-author and EducationCounsel colleague Jamie Lewis Keith and I hope that we’ve helped open the “black box” of admissions decision-making, with an overview of the key features and elements of well-designed holistic review policy and practice. We include institutional examples and promising models that illustrate effective and sustainable practices. We also argue for more transparency on these issues. Over time, our challenges are not only in the courts of law, where we’ve won more than we’ve lost. We’ve got to do a better job in the court of public opinion–explaining the compelling case of what admissions officials do, and why, every day. #diversity #affirmativeaction #admissions

Are we EQUIPped to spend billions on (yet) unproven programs?

April 17, 2018
Nathan Arnold
In the 1940s, Russia developed a prototype of a new military advancement called the Antonov A-40. It was an ambitious, seemingly innovative leap forward that would provide battlefield support and overwhelming, agile deployment. It was also, quite literally, a flying tank. For reasons that seem obvious in retrospect—weight and inefficient transportation chief among them—it was not functional in practice and thankfully never produced at wide scale. However, the lessons learned regarding its design ultimately provided beneficial advances to future military developments.
Federal lawmakers would be wise to heed the lesson that all ideas—particularly those with billions of dollars at stake—should not be rushed into wide-scale production. Many of them seem eager to open the $130 billion per year of taxpayer funding to new ways of providing higher education instruction without any assurance that these programs provide quality outcomes to their students. It’s still too early to tell if these innovative models will turn out to be the Antonov A-40 or the (significantly more effective) Chinook helicopter of higher education, but it’s not hard to see the potential […]

Reflecting on What We Know About Diversity in Higher Education and the Consideration of Race in Admissions

The U.S. Supreme Court’s near 40-year history on the consideration of race- and ethnicity in higher education admissions (going all the way back to the landmark Bakke case in 1978) has shaped action by the U.S. Department of Justice and Education for decades–including in federal regulations, policy guidance, and enforcement resolutions (from the Department of Education’s Office for Civil Rights).