Biden’s Title IX sports rule draws 100,000 comments

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With help from Michael Stratford

MORE THAN 100K COMMENTS — The comment period for the Biden administration’s policy on transgender students’ sports eligibility is almost up, and so far, the reviews are mixed.

— As of Sunday night, the proposal has drawn more than 100,000 comments in the Federal Register ahead of the May 15 deadline. The Biden Education Department has billed its rule as a compromise, since it allows transgender girls to play on girls sports teams, but with some limitations. The new proposal would make categorical transgender sports bans illegal, but acknowledges competition levels, fairness and a school’s interest in preventing injuries, especially in contact sports.

— Advocates for transgender students say the rule does not go far enough to promote full inclusion of trans women and girls, while advocates on the other side say the rule still undermines fairness in women’s sports. Schools are also seeking more clarity in the rule since there are several issues they have to navigate when it comes to implementation.

— “The Biden administration policy, while well intentioned, opens up an avenue for discrimination against trans athletes,” said Montana state Rep. Zooey Zephyr, who joined a group of more than a dozen trans and nonbinary lawmakers in sending a letter to the president criticizing his proposed sports rule. The lawmakers wrote that “there is no such thing as an acceptable ‘compromise’ that limits transgender Americans access to equal rights.”

— “It’s important to remember that those advocating for sports bans are the folks who are looking for a foot in the door for restrictions on trans people in all aspects of our life,” she said. “We need policies that begin with the understanding that trans people belong in sports matching their gender identity.”

— A big question that also remains is how school boards or school districts will navigate a potential new rule on sports, especially when several states have imposed restrictions on transgender athletes. During the comment period, school districts are likely to ask the department for more clarity on which law they are to follow, according to National School Boards Association Chief Legal Officer Francisco Negron.

— “Schools may be asking themselves what is the interplay between a state law and a federal regulatory requirement that has the force of law?” Negron said. “What kinds of enforcement might the federal government be planning to impose?”

— School districts will have to navigate state law, interscholastic athletic association regulations and potentially legal challenges from their states or players and their parents, Negron said. He added that potential litigation costs to the school district would come out of their general revenue funds which are classroom dollars. “That’s a very real concern for school districts trying to navigate the new landscape,” he said.

WHAT ARE YOUR THOUGHTS ON THE PROPOSAL? — This is only the beginning for the proposed rule. Drop me a line at [email protected] to share.

IT’S MONDAY, MAY 8. WELCOME TO WEEKLY EDUCATION. What are we missing? Send story ideas or let’s grab coffee. Reach me at [email protected]. Send tips to my colleagues Mackenzie Wilkes at [email protected], Juan Perez Jr. at [email protected] and Michael Stratford at [email protected]. And follow us on Twitter: @Morning_Edu and @POLITICOPro.

Driving the day

PROGRESSIVE GROUPS URGE CONGRESS TO REJECT EFFORT TO STOP STUDENT DEBT RELIEF — A coalition of mostly progressive groups, including the nation’s largest labor unions and civil rights organizations, this morning are urging congressional leaders to reject a bid to block President Joe Biden’s student debt relief policies.

— The GOP resolutions to overturn Biden’s debt cancellation plan and student loan payment pause “would immediately force tens of millions of borrowers into abrupt and unplanned repayment with devastating effects, including adding thousands of dollars of payments and interest onto their loan balances,” the 261 groups, led by the Student Borrower Protection Center, wrote in the letter to lawmakers.

— The groups also warned that the legislation to halt Biden’s debt relief plan would force the Education Department to “unwind” some loans that were already forgiven under the Public Service Loan Forgiveness program. Borrowers earned progress toward loan forgiveness under that program even while their payments were paused, but that credit could be clawed back if the payment pause were repealed.

— Happening this week: The House education committee is expected to hold a vote Wednesday on the Congressional Review Act resolution overturning Biden’s student debt relief.

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In Congress

FOXX DEMANDS ANSWERS ON FOREIGN GIFTS REPORTING — The Education Department last week announced it is seeking comment on information the agency collects from colleges regarding foreign gifts and contracts. Meanwhile in Congress, House Education and Workforce Chair Virginia Foxx is pressing the department to answer questions on how it’s enforcing the federal mandate that requires institutions to report foreign gifts and contracts valued at more than $250,000.

— In April, Foxx sent Education Secretary Miguel Cardona a letter asking him to detail what resources the department is using to enforce compliance with the reporting requirement. The department, in an interim response obtained by POLITICO, said it is “committed to the robust enforcement of Section 117” and “FSA has already begun to take steps to strengthen the Department’s efforts.” Foxx’s office said it is still awaiting a response to the questions in the initial letter.

— “We have no idea at the present time whether the current Department has undertaken a careful review of schools because the Department has failed once again to provide any meaningful response to me or my colleagues,” Foxx told POLITICO in a statement. “Even the basic level of reporting under the statute was not met in the past, and the Department has provided no substantive documentation to indicate it is taking its duties seriously.”

— The Education Department, last week, said it’s interested in comments addressing whether the Section 117 information collection is “necessary to the proper functions of the Department” and whether the information will be “processed and used in a timely manner,” among other topics. It also emphasized that FSA will be responsible for the administration of Section 117, and that the agency plans to continue to collect the data, with slight modifications based on public comment.

— “Sadly, FSA is already behind in keeping up with its regular work and is ill-suited for the kind of enforcement required by Section 117,” said Audra McGeorge, Foxx’s communications director. “Enforcement is better suited for [Office of General Counsel], and particularly so given the malign influence of some foreign nations in higher education.”

Unions

WEINGARTEN IN KYIV — American Federation of Teachers President Randi Weingarten and Education International General Secretary David Edwards led an international delegation of education officials to Kyiv, Ukraine Monday to inspect the country’s schools. The delegation will visit teacher training sites and child care centers and meet with the minister of education to assess the conflict’s effect on kids in the country.

— “This war is far from over,” Weingarten said. “But we are already joining together with the free world and calling on our allies to begin the vital project of rebuilding Ukrainian schools.”

— The four-day visit is the fourth trip that the teachers union has made since the conflict between Russia and Ukraine began. The visit was organized by Education International and co-hosted by the Ukraine education union TUESWU. Leaders will meet with representatives from UNICEF, the Organization for Economic Cooperation and Development, Human Rights Watch, UNESCO and the Confederation of Free Trade Unions of Ukraine.

Cardona Today

ICYMI: CARDONA CALLS GOP BUDGET PROPOSAL ‘STAGGERINGLY RECKLESS’ — Education Secretary Miguel Cardona, in an opinion piece for K-12 Dive, said he will be on the Hill talking to lawmakers “over the next few weeks” to urge Republicans to reevaluate their budget proposal that seeks to rein in spending. “Our students need more funding, not less,” Cardona wrote.

— Cardona slammed the proposal that would decrease the maximum Pell Grant award, cancel the Biden administration’s student debt relief program and trim education funding.

— “The plan that congressional Republicans are advancing is staggeringly reckless,” he wrote. “The president often says, ‘Show me your budget, and I’ll show you your values.’ If you view the president’s plan, you’ll see an administration that values education and opportunity for all.”

MOVERS AND SHAKERS

STILLMAN COLLEGE DITCHES RANKINGS — Stillman College is expected to announce today that it will withdraw from the U.S. News Best Colleges rankings. The college based in Tuscaloosa, Alabama will be the first historically Black college to publicly announce its withdrawal.

Report Roundup

— ICYMI: Michael Itzkowitz’s HEA Group is out with an analysis of the earnings data of graduates from more than 36,000 undergraduate programs.

Syllabus

— Chicago Public Schools parents take issue with proposed elected school board map: Chicago Tribune

— Michigan school district bans backpacks over safety concerns: The New York Times

— Opinion: Too many high school seniors are turning away from college altogether: TIME

— A college president defends seeking money from Jeffrey Epstein: The New York Times

— Biden to address graduates at Howard University, Air Force Academy: The Hill