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- 1 How You Can Resist
- 2 Laws Proposed by Congress
- 3 Vouchers
- 4 Students with Disabilities
- 5 Transgender Students
- 6 Low-Income Students
- 7 Civil Rights
- 8 Post-Secondary Education and Federal Student Aid
- 9 Vulnerabilities in Their Strategy
How You Can Resist
- Call your Senator by dialing tel:844-6-RESIST and tell them to protect the Department of Education from funding cuts.
- Find out when your Senators and US Representative are holding town halls and other Upcoming Events/Opportunities. Show up and tell them to support equitable funding for education.
- Click here to find an organization looking for volunteers.
Laws Proposed by Congress
Legislation that Supports Equity and Justice
- S.620 The Community College to Career Fund Act would create partnerships between community colleges and employers to train Americans for jobs in high-demand industries. These include healthcare, clean energy, advanced manufacturing, and information technology.
- H.R.1880 / S. 806 The College For All Act would establish a partnership between federal and state governments to cover the full cost of college tuition for families earning under $125,000 per year. It would also make community colleges completely tuition-free, cut student loan rates, and allow Pell Grants to be used for non-tuition fees such as books and housing.
- H.R. 610 repeals the Elementary and Secondary Education Act of 1965, limits the authority of the Department of Education, establishes a voucher program, and overturns the requirement that school lunches increase the availability of fruits, vegetables, whole grains, and dairy while reducing the levels of sodium, saturated fat, and trans fat.
See also the State and Local Pages for state-by-state legislative tracking.
Studies show that many school choice programs do not provide enough funding to low-income families to provide for the full cost of private school tuition. Few charters perform better than low-performing traditional public schools do, and high-performing charter school networks stayed away from Michigan when they started incentivizing charter schools because of how unstable the school market is absent regulation.  Vouchers would have the impact of giving taxpayer money to religious schools, because most private schools are religiously affiliated. 
- The Trump administration’s budget proposal cuts funding for the Department of Education by 13.5% overall, but spends $1.4 billion to expand vouchers, eventually increasing funding to $20 billion a year. Initially, $250 million will go toward a private school-choice program while $168 million will go to charter schools. While some charter school leaders applauded the funding, leaders of more than 20 charter school networks signed an op-ed against the budget, saying "we need federal support for all schools, for all kids, not just kids in 'choice' schools." .
- Trump's educational program would encourage more students to attend charter schools, which are 16% more likely to suspend students than non-charter schools.
- Secretary of Education Betsy DeVos has shown enthusiasm for taxpayer-funded private school vouchers, and during his campaign President Trump proposed a $20 billion federal voucher program.
Students with Disabilities
Every child with a disability has a right to receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Supreme Court has found the definition of a FAPE to mean special education and related services that “(A) have been provided at public expenses, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary, or secondary school education in the State involved, and (D) are provided in conformity with the individualized education plan (IEP). Appropriate IEPs are “reasonably calculated to enable the child to receive educational benefits.”
In March 2017, Endrew F. v. Douglas County School District was decided by the Supreme Court. In an 8-0 finding, the Court determined that the Individuals with Disabilities Education Act (IDEA) requires that a child’s individualized education plan (IEP) “must be appropriately ambitious in light of his circumstances.” Chief Justice Roberts, who wrote the opinion, made it clear again that “for children fully integrated in the regular classroom, this would typically require an IEP ‘reasonably calculated to enable the child to achieve passing marks and advance from grade to grade.’” He also said that that “the goals may differ, but every child should have the chance to meet challenging objectives.” The Court rejected the “merely more than the bare minimum" (or de minimis) test applied by the Tenth Circuit, finding instead that schools are required to show that an “IEP is reasonably calculated to enable the child to make progress appropriate in light of his circumstances.” 
- Education Secretary Betsy DeVos stated in her confirmation hearing that enforcement of the Individuals with Disabilities Education Act should be left to the states, seemingly unaware that this is a federal law.
- Trump’s budget proposal maintains $13 billion in funding for IDEA special education programs, but cuts funding for TRIO programs, which provide support for disabled students. 
- 4/22/2017: John Benjamin Haygood, a 10-year-old boy with autism, was arrested at his school for being disruptive and allegedly striking his aide. John was frustrated at not getting enough help with his work and said that the aide had pinched him. His mother videotaped the arrest, and the video's release has sparked outrage. Disabled students are far more likely to be arrested for disruptive behavior because schools can bypass IDEA (Individuals with Disabilities Education Act) laws if they go through law enforcement.
- Trump has rescinded Obama-era protections for transgender students under Title IX, which means that students could be required, under the authority of state or local school boards, to use restrooms and changing facilities that correspond with their biological gender rather than their gender identity. It would also limit students' eligibility to play on sports teams that correspond with their gender identity. It does still allow school boards to implement their own protections, and permits individuals or advocacy groups to appeal to federal courts if a transgender student's rights have been violated. 
- Trump’s proposed budget would eliminate $1.2 billion in funding for summer- and after-school programs,  such as the 21st Century Community Learning Centers, which provide services to students who attend high-poverty and low-performing schools.  These cuts would disproportionately impact black and Hispanic students, who are at least twice as likely to attend after-school programs as white students. 
- The budget also cuts funding for federal TRIO programs, which serve low-income and first-generation college students, and the GEAR UP program, which prepares low-income middle and high-school students for college. 
- The House of Representatives and Senate have voted to repeal rules and regulations of the Every Student Succeeds Act (ESSA) enacted by President Obama, with wide bi-partisan support, to create more collaboration between the federal and state governments with regard to testing and civil rights; after the President signs the legislation Education Secretary Betsy DeVos will have broad new power over our public education system.
- Candice Jackson was named as the deputy assistant secretary to the Education Department's Office of Civil Rights. Until someone is formally chosen and confirmed by the Senate to lead the OCR, Jackson is effectively in charge. Notably, Jackson wrote an op-ed against affirmative action for the student newspaper while at Stanford. 
Post-Secondary Education and Federal Student Aid
- Trump has proposed a student loan policy that has been described as similar to what the Obama administration already put in place. This plan states that repayment would be capped at 12.5% of students' income, and that debt would be eliminated completely after 15 years.  The plan was criticized by the GOP for being "left of Obama." . Mark Huelsman, a senior policy analyst at the liberal think tank Demos, said of Trump’s student loan plan, "Trump is essentially trying to deal with the effects of the student loan problem by proposing a new policy somewhat similar to what we have already. But his diagnosis of the root causes are misaligned and incorrect.” 
- Trump’s student loan plan was further criticized due to the effects it would likely have on Title IX regulations and the Education Department of Civil Rights.  Both universities and the Office of Civil Rights would face cutbacks for Title IX, an education amendment adopted in 1972 that states, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance," and is enforced by the Office of Civil Rights. This partnership allowed the White House to increase the efforts of the OCR as well as to focus on campus sexual assault and bring perpetrators to justice.
- The Trump administration’s proposed budget eliminates Supplemental Educational Opportunity Grants (SEOG), which provide need-based aid to around 1.6 million low-income undergraduates annually.  The budget also calls for a reduction in funding for Federal Work-Study programs.  Pell Grants, subsidies for students with financial need, maintain their discretionary funds, but the budget proposes $3.9 billion in cuts from the program’s $10.6 billion surplus.  Cuts to Pell Grants would disproportionately impact communities of color. In 2012, 62% of black undergraduates, 50% of Hispanic undergraduates, and 54% of Native American undergraduates received Pell Grants. 
- In April 2017, Education Secretary Betsy DeVos issued a memo that rolled back the Obama administration's student loan protections. Obama's memos required the Federal Student Aid Office to help borrowers manage their debt. These changes will likely increase the risk that borrowers will fail to pay back their loans due to lack of information or assistance and thus face harsh penalties. 
- 21 state Attorneys General (AG) have sent a letter to the Department of Education opposing the student loan protection rollback. New York AG Eric Schneiderman called the changes "shameful" and said "We should be looking for ways to ease the burden of student debt, not enabling the student loan servicing industry to manipulate and exploit students."
- Citing "privacy concerns," the IRS and Federal Student Aid shut down the Digital Retrieval Tool (DRT) used to complete the Free Application for Federal Student Aid (FAFSA). This form is a necessary first step for college students seeking financial aid, and the DRT simplified the process by automatically entering taxpayer data. While the form is offline, students will have to manually enter tax data in order to see if they qualify for aid. 
Vulnerabilities in Their Strategy
The Every Student Succeeds Act (ESSA) shrank the scope of federal authority, particularly with regard to designing and implementing accountability systems. However, the Secretary of Education remains responsible for approving accountability plans devised by the states. The Secretary of Education cannot require states to adopt certain policies in order to receive flexibility from federal law.
Less than 9% of the estimated $600 billion spent annually on education comes from the federal government. In order for vouchers to be a implemented as an alternative to public schools, states would have to kick in $110 billion. Given the limited power of the Secretary of Education, she would have to find a way to incentivize states to do this.
Local public schools stand to lose money through voucher programs, and parents will likely be concerned about cuts to their schools' budgets. In 2009-10, more than 56,000 schools around the country benefited from Title I dollars, including school districts in every state in the country. While people will argue about whether putting money into vouchers qualifies as "cutting spending on education," polling indicates that most people do not want cuts to education spending. Roughly half of all nonfederal education funding comes from local property taxes raised by more than 13,000 local school districts, all of whom would have to be on board with a voucher program. Additionally, teachers' and administrators' unions typically oppose voucher schemes and will likely oppose any Trump administration effort.
Title I Portability faces several hurdles that prevent it from being enacted immediately. 38 states currently have constitutional amendments, called Blaine Amendments, that prohibit federal funding from going to religious schools. Turning Title I funds into portable vouchers would provide students with approximately $538 each, while private school tuition in the US averages about $11,000 per year.