Tag: Delays

  • Philadelphia Kids Face Delays Accessing Early Intervention Services – The 74

    Philadelphia Kids Face Delays Accessing Early Intervention Services – The 74


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    When Kimberly Halevy’s son Joshua was 3, she started hearing from his preschool that he was acting out. He rarely participated in circle time and had trouble playing with other kids.

    Halevy’s friend had recently opened the preschool, and she liked that someone she knew took care of her son. But eventually, the preschool said it would only allow him back if he had a 1-to-1 aide to address his “disruptive” behavior, Halevy said.

    At first, Halevy thought getting him that aide would be straightforward. But she now describes the effort to get her kid support through Philadelphia’s federally mandated, publicly funded early intervention system as exhausting.

    Though state evaluators found Joshua should receive multiple forms of therapy each week, it took months for any services to begin, Halevy said. Then, once providers contacted her, she said it became a “guessing game” whether her son would receive the home-based occupational therapy and specialized instruction he qualified for every week.

    “I kept being mad at myself for not pushing,” Halevy said. “But now I realize that it’s just the program.”

    Across Philadelphia, young kids like Joshua are waiting months and sometimes years for early intervention services that they are legally entitled to, according to families, therapy providers, and advocates Chalkbeat spoke with.

    Federal law states a child must receive services as soon as possible after an evaluation team completes their Individualized Education Program, or IEP. Pennsylvania has interpreted that to mean 14 days. But one provider said the list she can access of children waiting for speech therapy — one of several early intervention services — is sometimes more than 2,000 families long.

    Early intervention providers are under strain nationwide, with not enough funding or staffing to meet the need. But in Philadelphia — home to 16% of the state’s early intervention population — one player is largely responsible for the system: a 170-year-old nonprofit called Elwyn that the state pays to manage the publicly funded program.

    As Philly’s early intervention system struggles to meet the needs of all kids, some providers and advocates say neither Elwyn nor the state officials who oversee the program are doing enough to ensure kids get services on time.

    In response to Chalkbeat’s questions, Elwyn President and CEO Charles McLister said Elwyn does not comment on specific cases, but the organization works quickly to assess children and provide them with services. “For the vast majority of cases, services are provided within the defined window,” said McLister.

    But McLister acknowledged that there can be delays due to family communication, transportation, scheduling, provider availability, and severe staffing shortages across the sector.

    Erin James, press secretary at the Pennsylvania Department of Education, said in a statement that the department stays in close contact with Elwyn throughout the year “to remind them of their legal obligations.”

    James did not respond to questions about service delays for Philadelphia families. But she said that early intervention programs often lack resources. “Current funding levels for EI [early intervention] services are not sufficient because the population of students who qualify for EI services has been increasing for years,” James said.

    In Philadelphia, the program’s delays are a key reason many of the city’s most vulnerable kids fall behind before they even start kindergarten, advocates say. Data from early intervention program reports the state publishes shows Philly children in early intervention programs lag behind their peers elsewhere in key growth areas, like developing social emotional skills.

    “The whole idea of having to wait more than the required time is really putting kids at a disadvantage,” said Inella Ray, director of parent advocacy and engagement at the advocacy organization Children First. “Because when kids don’t have the support that they need, in today’s current education or environment, they get pushed out.”

    Parents face delays accessing early intervention services

    Early intervention is part of the landmark Individuals with Disabilities Education Act, which dictates that all children with disabilities must have access to a free and appropriate public education. Though each state creates and manages its own program, all kids through age 5 who are identified as having a developmental delay or disability are eligible.

    In Pennsylvania, the Department of Education oversees local early intervention programs for preschool-age kids. In almost every county, families get connected with services through an intermediary unit, a kind of regional education service agency.

    But in Philadelphia, things work differently. The state pays Elwyn a combination of state and federal dollars to administer the city’s preschool early intervention program, along with a much smaller program in Chester. Last fiscal year, its contract was worth around $90 million. Elwyn is in charge of assessing children, developing their IEPs, and subcontracting with a network of providers for services they qualify for.

    When Halevy’s kids’ preschool said her son needed an aide, the preschool owner gave Halevy advice: phone Elwyn. So she did, and she was relieved when the organization told her they could fit Joshua in to begin his evaluation later that week.

    That was July 2024. She hoped Joshua would have services in time to be back at preschool by the following September. But soon, Halevy said she began hitting roadblocks.

    In August, she said she didn’t hear much from Elwyn. Like other early intervention programs statewide, Elwyn often takes a two-week service break at the end of summer — one of many scheduled break periods during the year.

    But then when she did hear back that September, she learned Elwyn wouldn’t consider providing a 1-to-1 aide without observing Joshua in his educational environment. But the preschool said he couldn’t return to class unless he had someone there to specifically support him.

    At the end of September, when evaluators wrote Joshua’s initial IEP, they documented that they discussed adding an aide to assist Joshua at preschool. But they wrote that because they could not observe Joshua in his educational environment, they did not have enough information to support that recommendation. “[T]he family is in a difficult position,” the team wrote on the IEP, which Chalkbeat has reviewed.

    Joshua’s IEP states that he should receive occupational therapy and specialized instruction each week. The law requires services to begin within 14 days. But more than a month after, Joshua still wasn’t receiving services, Halevy said.

    At the time, Halevy was stretched thin. She was also working to get services for her 2-year-old daughter, who struggled with speech, through the separate early intervention program that serves children up to age 3 run by the city.

    For Halevy, sorting out her daughter’s services in the birth to 3 program was simple. Service providers quickly began contacting her and therapists started showing up for sessions. But for her son, nothing.

    “One day, I’m like, ‘Oh my gosh, what’s going on with Josh?’ and I start calling every number I had at Elwyn,” said Halevy.

    It wasn’t until two more months later, in November, when he finally began to receive occupational therapy, she said recently after reviewing text messages. In December, she said his special instruction began.

    Early intervention IEPs not always followed

    Elwyn’s Philadelphia program is the largest in the state, serving around 11,000 preschool-age children, according to the most recent data from the 2023-24 school year. The organization first won its contract for early intervention services in Philadelphia in 1998.

    But its outcomes for kids are behind the rest of Pennsylvania.

    The state requires early intervention programs to report data on how kids progress in certain areas, like social emotional learning and acquiring new skills. State program reports show that for the last five years of data, children in Elwyn’s Philadelphia program have been less likely to progress in all three growth categories compared with the state average.

    Margie Wakelin, a senior attorney at the Pennsylvania-based Education Law Center, said her team has assisted more than 80 Philadelphia families in the last year whose kids’ education was disrupted at least in part because they couldn’t access appropriate services from Elwyn. The vast majority of those children, she said, were Black and Brown kids affected by poverty.

    Some families hire attorneys to help them access the services they’re entitled to, or get pro bono representation from organizations like the Education Law Center. Many who win their cases get compensatory education, often in the form of money the family can use to pay for services after the case is over.

    But that doesn’t make up for lost time as children quickly age out of early intervention. Research shows that children’s brains develop more rapidly between birth to 5 than any other time of their life. Many families, Wakelin said, have also had their children suspended from preschool or made to only attend partial days because of their disabilities.

    “It’s such a critical period for kids to have access to high quality education,” said Wakelin. A system that identifies children as needing services but doesn’t follow through, she added, is “really failing our kids.”’

    McLister, Elwyn’s CEO, said the organization has learned that, in some cases, children are suspended from their preschool programs because of learning or behavioral needs. “Elwyn is not part of this decision making and often learns about it after the fact,” he said. He added that the organization is developing tools “that will help us understand the frequency in which this happens” and is creating additional resource materials for families.

    State reports show that Elwyn’s program is successful in some areas, like evaluating 97% of kids within 60 days, the state-required timeline. But that’s just the first step in what advocates say often becomes a month-long process to get services.

    Though the law is clear that kids should receive services within 14 days of their IEP being written, the state does not publish information on how long kids wait for services after an evaluation, or how many service interruptions they’ll experience when providers are no longer available.

    When it comes to Elwyn’s performance, CEO McLister said that students’ growth data does not account for the unique challenges of providing services in Philadelphia. The children Elwyn serves have higher needs than the state average, he said, with higher incidences of developmental delays and a greater prevalence of multiple other challenges, such as limited English proficiency, economic disadvantages, and other social risk factors.

    “For younger children, these factors produce more modest gains,” said McLister.

    McLister emphasized that Elwyn has been successful in evaluating the vast majority of children on-time, and said the most common reason an evaluation falls outside the 60-day window is a parent cancelling an initial evaluation appointment and needing it to be rescheduled.

    He said delays in getting kids services are often the result of scheduling challenges and staffing shortages — 95% of service issues related to speech and language services, he said, are due to a lack of staff. He said other delays occur when families move or change their child’s preschool enrollment, and when providers return kids to the “needs list,” meaning they stop service for that child, which happens “for a variety of reasons.”

    For Joshua, getting a consistent special instructor, a position meant to support Joshua’s learning, has been impossible, Halevy said. Her text history, which she reviewed recently, documents the challenges: The first special instructor who contacted her never visited and stopped responding to texts, she said. The next person was more helpful and saw Joshua a few times, but then abruptly quit. Now, after more than a month of no special instruction, a new provider comes mostly regularly, Halevy said.

    Access to occupational therapy has been slightly better, Halevy said. For the first several months of service, Joshua’s occupational therapist showed up inconsistently and seemed rushed, Halevy said. Now, after working out a schedule, she consistently comes around once a week.

    Early childhood intervention needs more funding, some say

    These and other challenges aren’t unique to Philadelphia families. But preschool operators and early intervention providers say there are particular and longstanding problems in Philly.

    Two years ago, Sharon Neilson, former director of the Woodland Academy Child Development Center in West Philadelphia, was part of a group pushing to bring attention to problems in the city’s early intervention program. Council members held a hearing about parents’ challenges accessing services, and Neilson and other providers met with Elwyn.

    At the time, Neilson said, she was hopeful that things would improve. But since then, she said, “we’ve actually seen it get worse.”

    Neilson, who now works as support staff at Woodland Academy, said of the 22 children enrolled at the preschool, about four currently receive services from Elwyn, and three more are going through the process of getting evaluated.

    The preschool helps families navigate the process, in part because submitting required paperwork and scheduling evaluations can create additional barriers, she said. But even with additional help, in her experience it still usually takes months for kids to be evaluated and services to begin, she said.

    “I think that’s the saddest thing for me,” Neilson said. “The families are very frustrated because they don’t know what to do — they just know that they need help for their child, but it’s just very hard to navigate.”

    Officials say a lack of resources is largely to blame. Over the past decade, the number of preschool-age children in Pennsylvania receiving early intervention services has grown by a third, and funding hasn’t kept up.

    Pennsylvania Department of Education spokesperson Erin James said that is why Gov. Josh Shapiro proposed increasing funding for preschool early intervention by $14.5 million in the state budget. However, months past the budget deadline, lawmakers remain at an impasse over the budget and early education providers are further strained.

    One provider who contracts with Elwyn said concerning inequities exist in Elwyn’s program. (Chalkbeat is not naming the provider due to her fears of retaliation from Elwyn.) It’s an accepted norm, the provider said, that kids in nicer neighborhoods get picked up for service much faster than those in poorer neighborhoods.

    “There’s an access and equity issue across the board,” said the provider. “And that’s exacerbated by the shortage of providers.”

    Asked about those access and equity concerns, McLister said that to address some related challenges, this year Elwyn is implementing more targeted training for staff and plans to develop a family resource center. He said the organization has also employed internal speech language pathologists to assign to high-priority cases.

    When families reach out to Elwyn, McLister said staff provide them with documentation and verbal explanations of how the process works to ensure families understand their rights, next steps, and how to give consent for evaluations.

    The organization also periodically notifies providers of historically underserved ZIP codes to encourage providers to serve kids equitably across the city, and includes provisions in its contracts meant to “promote fairness and accountability.” McLister said Elwyn places subcontractors on corrective action plans if the organization “detects patterns of non-acceptance that disproportionately impacts underserved areas.”

    As for Halevy, she says her family has gotten relatively lucky. They were able to get Joshua started on an evaluation quickly. And she’s been able to get new therapists when others stop showing up.

    But her family’s biggest piece of luck, she said, is that her husband recently got a new job with better health insurance. She plans to use that to get some of the services her kids need. That means she no longer will completely rely on Elwyn.

    She just wishes she could erase the months of waiting and worrying about why Joshua’s services took so long to start.

    “Basically, what happened is we fell through the cracks,” she said.

    Chalkbeat is a nonprofit news site covering educational change in public schools. This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters.


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  • Visa Processing Delays Could Cost U.S. Universities $7 Billion and 60,000 Jobs This Fall

    Visa Processing Delays Could Cost U.S. Universities $7 Billion and 60,000 Jobs This Fall

    Recent disruptions to student visa processing could trigger a 30-40% decline in new international student enrollment this fall, potentially costing the U.S. economy $7 billion and more than 60,000 jobs, according to a new analysis by NAFSA: Association of International Educators and JB International.

    The preliminary projections, based on SEVIS and State Department data, paint a stark picture for higher education institutions that have come to rely heavily on international students for both revenue and academic diversity. The analysis predicts an overall 15% drop in international enrollment for the 2025-26 academic year, which would reverse years of steady growth in this critical sector.

    “This analysis, the first to calculate the potential economic impact of fewer international students on cities and towns across the country, should serve as a clarion call to the State Department that it must act,” said Dr. Fanta Aw, executive director and CEO of NAFSA. “The immediate economic losses projected here are just the tip of the iceberg.”

    The projected decline stems from a confluence of policy changes and administrative challenges that have created significant barriers for prospective international students:

    Visa Interview Suspension: Between May 27 and June 18, 2025, student visa interviews were paused during the peak issuance season—precisely when students needed to secure visas for fall enrollment. When interviews resumed on June 18, consulates received a directive to implement new social media vetting protocols within five days, but with minimal guidance.

    Appointment Bottlenecks: Reports indicate limited or no visa appointment availability in key countries including India, China, Nigeria, and Japan. India and China alone represent the top two sources of international students to the United States, while Nigeria ranks seventh and Japan 13th among sending countries.

    Declining Visa Issuance: F-1 student visa issuance dropped 12% from January to April 2025 and plummeted 22% in May 2025 compared to the same period in 2024. While June 2025 data has not been published, the analysis suggests a possible 80-90% decrease based on the identified disruptions.

    Travel Restrictions: A June 4, 2025 executive order imposed restrictions on nationals from 19 countries, with reports suggesting another 36 countries could be added. These restrictions alone threaten $3 billion in annual economic contributions and more than 25,000 American jobs.

    The economic implications extend far beyond university campuses. International students contributed $46.1 billion to the U.S. economy in 2024-25 and supported nearly 400,000 jobs across various sectors including housing, dining, retail, and transportation.

    The projected 15% enrollment decline would reduce international student economic contributions to $39.2 billion in 2025-26, down from an expected $46.1 billion. This represents not just a loss to individual institutions, but to entire communities that have built economic ecosystems around international education.

    “Without significant recovery in visa issuance in July and August, up to 150,000 fewer students may arrive this fall,” the report warns, highlighting the narrow window remaining for policy corrections.

    Beyond immediate economic impacts, education leaders worry about long-term consequences for American higher education’s global competitiveness. International students contribute to research innovation, provide diverse perspectives in classrooms, and often remain in the United States after graduation, filling critical roles in STEM fields and other high-demand sectors.

    The timing is particularly concerning given increased competition from other English-speaking countries like Canada, Australia, and the United Kingdom, which have positioned themselves as more welcoming alternatives for international students.

    To mitigate what NAFSA calls a “devastating outcome,” the organization is urging Congress to direct the State Department to take two immediate actions:

    1. Provide expedited visa appointments and processing for all F-1 and M-1 students and J-1 exchange visitor visa applicants
    2. Exempt F and M students as well as J exchange visitors from current travel restrictions affecting nationals from 19 countries, while maintaining required background checks and vetting

    The report argues that these policy changes could help institutions avoid the projected enrollment cliff and preserve the economic benefits that international students bring to American communities.

    For institutions planning fall enrollment, the report suggests the need for contingency planning and advocacy efforts to address visa processing challenges. With the traditional summer months representing the final opportunity for students to secure visas for fall enrollment, time is running short for policy interventions.

     

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  • Energy Department delays multiple rules after public pushback

    Energy Department delays multiple rules after public pushback

    This audio is auto-generated. Please let us know if you have feedback.

    The U.S. Department of Energy delayed implementation of multiple rules that it had quietly set to go into effect this week for colleges and schools that receive funding from the agency. The move comes in response to public pushback to proposed policy changes.

    The department said it was extending the effective dates for several direct final rules from July 15 to Sept. 12, 2025. The proposals would have undone some student protections related to sex discrimination under Title IX, disability discrimination under Section 504, and racial discrimination under Title VI. 

    One direct final rule, for example, would have no longer required schools to offer girls tryouts for boys’ teams in noncontact sports if the school didn’t have an equivalent girls’ team. Another would have removed protections allowing gender-conscious after-school programs or college initiatives to provide women and girls opportunities they have historically been denied, such as in STEM fields or in technical training.   

    Had the public not responded to the direct final rules with “significant adverse comments,” the rules would have undone such protections within a 30-day period — a much shorter timeline than the typical rulemaking process, which requires federal agencies to consider public feedback and make changes to their policy proposals accordingly. 

    The Trump administration’s decision to undo civil rights protections for students using expedited rulemaking — a process usually reserved for rules agencies expect to be uncontroversial — alarmed many civil rights organizations.

    Kel O’Hara, senior attorney for policy and education equity at Equal Rights Advocate, called the move a “backdoor elimination of student protections.”

    “The Trump Administration tried to exploit an obscure regulatory loophole meant only for minor administrative updates to gut fundamental protections for female athletes and transgender students,” O’Hara said in a Wednesday statement.

    Typical rulemaking would require a public notice and comment period, and a second version of the rule that takes into consideration changes based on public feedback. That process also gives school districts more time to prepare for policy changes. 

    The rules were also atypical in that they were released by the Energy Department rather than the U.S. Department of Education — meaning only schools receiving Energy Department funding would have been impacted by this set of changes. The Energy Department gave 28 schools just over $160 million in fiscal year 2025, and provides over $2.5 billion annually to more than 300 colleges and universities to fund research.

    However, had significant adverse comments not been received and delayed these rules’ implementation, and had the Energy Department been successful in its approach, the administration could have replicated the expedited method through other federal agencies to set education policies in many more schools, education policy experts predicted. 

    “This is a paradigm shift on the part of how the federal government articulates and connects some of these tools to their education priorities,” said Kenneth Wong, a professor of education policy at Brown University, when the direct final rules were announced. “Basically every single school, in practically every single school district, has some grants from one of the many agencies in the federal government.” 

    Most schools receive K-12 funding from multiple agencies, such as the Energy Department and the U.S. Department of Agriculture. 

    Because of the opposition to the rules, the Energy Department must now either withdraw them entirely or issue new final rules by September 12 that take the comments into account. 

    The Energy Department did not respond to a request for comment in time for publication.

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  • Energy Department delays multiple rules after public pushback

    Energy Department delays multiple rules after public pushback

    This audio is auto-generated. Please let us know if you have feedback.

    The U.S. Department of Energy delayed implementation of multiple rules that it had quietly set to go into effect this week for schools that receive funding from the agency. The move comes in response to public pushback to proposed policy changes.

    The department said it was extending the effective dates for several direct final rules from July 15 to Sept. 12, 2025. The proposals would have undone some student protections related to sex discrimination under Title IX, disability discrimination under Section 504, and racial discrimination under Title VI. 

    One direct final rule, for example, would have no longer required schools to offer girls tryouts for boys’ teams in noncontact sports if the school didn’t have an equivalent girls’ team. Another would have removed protections allowing gender-conscious after-school programs or college initiatives to provide women and girls opportunities they have historically been denied, such as in STEM fields or in technical training.   

    Had the public not responded to the direct final rules with “significant adverse comments,” the rules would have undone such protections within a 30-day period — a much shorter timeline than the typical rulemaking process, which requires federal agencies to consider public feedback and make changes to their policy proposals accordingly. 

    The Trump administration’s decision to undo civil rights protections for students using expedited rulemaking — a process usually reserved for rules agencies expect to be uncontroversial — alarmed many civil rights organizations.

    Kel O’Hara, senior attorney for policy and education equity at Equal Rights Advocate, called the move a “backdoor elimination of student protections.”

    “The Trump Administration tried to exploit an obscure regulatory loophole meant only for minor administrative updates to gut fundamental protections for female athletes and transgender students,” O’Hara said in a Wednesday statement.

    Typical rulemaking would require a public notice and comment period, and a second version of the rule that takes into consideration changes based on public feedback. That process also gives school districts more time to prepare for policy changes. 

    The rules were also atypical in that they were released by the Energy Department rather than the U.S. Department of Education — meaning only schools receiving Energy Department funding would have been impacted by this set of changes. The Energy Department gave 28 schools just over $160 million in fiscal year 2025, and provides over $2.5 billion annually to more than 300 colleges and universities to fund research.

    However, had significant adverse comments not been received and delayed these rules’ implementation, and had the Energy Department been successful in its approach, the administration could have replicated the expedited method through other federal agencies to set education policies in many more schools, education policy experts predicted. 

    “This is a paradigm shift on the part of how the federal government articulates and connects some of these tools to their education priorities,” said Kenneth Wong, a professor of education policy at Brown University, when the direct final rules were announced. “Basically every single school, in practically every single school district, has some grants from one of the many agencies in the federal government.” 

    Most schools receive K-12 funding from multiple agencies, such as the Energy Department and the U.S. Department of Agriculture. 

    Because of the opposition to the rules, the Energy Department must now either withdraw them entirely or issue new final rules by September 12 that take the comments into account. 

    The Energy Department did not respond to a request for comment in time for publication.

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  • Trump Education Department Delays Return of Laid-Off Workers Over Logistics – The 74

    Trump Education Department Delays Return of Laid-Off Workers Over Logistics – The 74


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    Parking permits. Desk space. Access cards.

    Ordered to bring back roughly 1,300 laid-off workers, the U.S. Department of Education instead has spent weeks ostensibly working on the logistics. Meanwhile, the Trump administration wants the U.S. Supreme Court to decide they don’t have to restore those jobs after all.

    The legal argument over the job status of Education Department workers is testing the extent to which President Donald Trump and Education Secretary Linda McMahon can reshape the federal bureaucracy without congressional approval.

    The employees, meanwhile, remain in limbo, getting paid for jobs they aren’t allowed to perform.

    An analysis done by the union representing Education Department employees estimates the government is spending about $7 million a month for workers not to work. That figure does not include supervisors who are not part of the American Federation of Government Employee Local 252.

    “It is terribly inefficient,” said Brittany Coleman, chief steward for AFGE Local 252 and an attorney in the Office for Civil Rights. “The American people are not getting what they need because we can’t do our jobs.”

    McMahon announced the layoffs in March, a week after she was confirmed by the Senate, and described them as a first step toward dismantling the Education Department. A few days later, Trump signed an executive order directing McMahon to do everything in her legal authority to shut down the department.

    The Somerville and Easthampton school districts in Massachusetts, along with the American Federation of Teachers, other education groups, and 21 Democratic attorneys general sued McMahon over the cuts. They argued the layoffs were so extensive that the Education Department would not be able to perform its duties under the law.

    The layoffs hit the Office for Civil Rights, Federal Student Aid, and the Institute of Education Sciences particularly hard. These agencies are responsible for federally mandated work within the Education Department. By law, only Congress can get rid of the Education Department.

    U.S. District Court Judge Myong Joun agreed, issuing a sweeping preliminary injunction in May that ordered the Education Department to bring laid off employees back to work and blocked any further effort to dismantle or substantively restructure the department.

    The Trump administration sought a stay of that order, and the case is on the emergency docket of the Supreme Court, where a decision could come any day.

    In the administration’s request to the Supreme Court, Solicitor General John Sauer argued that the harms the various plaintiffs had described were largely hypothetical, that they had not shown the department wasn’t fulfilling its duties, and that they didn’t have standing to sue because layoffs primarily affect department employees, not states, school districts, and education organizations.

    Sauer further argued that the injunction violates the separation of powers, putting the judicial branch in charge of employment decisions that are the purview of the executive branch.

    “The injunction rests on the untenable assumption that every terminated employee is necessary to perform the Department of Education’s statutory functions,” Sauer wrote in a court filing. “That injunction effectively appoints the district court to a Cabinet role and bars the Executive Branch from terminating anyone.”

    The Supreme Court, with a conservative 6-3 majority, has been friendlier to the administration’s arguments than lower court judges. Already the court has allowed cuts to teacher training grants to go through while a lawsuit works its way through the courts. And it has halted the reinstatement of fired probationary workers.

    The Education Department did not immediately respond to a request for comment.

    Last week, Joun issued a separate order telling the Education Department that it must reinstate employees in the Office for Civil Rights. The Victims Rights Law Center and other groups had described thousands of cases left in limbo, with children suffering severe bullying or unable to safely return to school.

    Meanwhile, the Education Department continues to file weekly updates with Joun about the complexities of reinstating the laid-off employees. In these court filings, Chief of Staff Rachel Oglesby said an “ad hoc committee of senior leadership” is meeting weekly to figure out where employees might park and where they should report to work.

    Since the layoffs, the department has closed regional offices, consolidated offices in three Washington, D.C. buildings into one, reduced its contracts for parking space, and discontinued an interoffice shuttle.

    In the most recent filing, Oglesby said the department is working on a “reintegration plan.”

    Coleman said she finds these updates “laughable.”

    “If you are really willing to do what the court is telling you to do, then your working group would have figured out a way to get us our laptops,” she said.

    This story was originally published by Chalkbeat. Chalkbeat is a nonprofit news site covering educational change in public schools. Sign up for their newsletters at ckbe.at/newsletters.


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  • Department of Education Delays Target Release of Title IX Rulemaking to October – CUPA-HR

    Department of Education Delays Target Release of Title IX Rulemaking to October – CUPA-HR

    by CUPA-HR | May 30, 2023

    On May 26, the Department of Education published a blog post stating that the release of the anticipated Title IX final rule will be delayed until at least October 2023. The final rule was previously targeted in the Fall 2022 Regulatory Agenda for May 2023.

    In the blog post, the department states that they need additional time to review the 240,000 comments they received in response to the Title IX proposed rule that was issued in July 2022. The department said that the 240,000 comments are nearly twice the number of comments the department received during the Trump administration’s Title IX rulemaking process, which included the release of a proposed rule in November 2018 and the subsequent final rule in May 2020. The department added that the new target date of October 2023 will be reflected in the upcoming Spring 2023 Regulatory Agenda, which will likely be released in the next month.

    As a reminder, the Biden administration’s Title IX rulemaking rolls back the Trump administration’s 2020 regulations, specifically with respect to its grievance procedures, while simultaneously expanding protections against sex-based discrimination to cover sexual orientation, gender identity, and pregnancy or related conditions. CUPA-HR filed comments in September 2022 in response to the NPRM, in which we brought attention to the possible impact the proposed regulations could have on how higher education institutions address employment discrimination.

    In addition to the Title IX rulemaking, the blog post also states that the final rule on transgender student eligibility in athletic programs under Title IX will also be delayed until at least October 2023. Released on April 6, the proposed rule establishes that schools that receive federal funding would not be permitted to adopt or apply a one-size-fits-all ban on transgender students participating on teams consistent with their gender identity and would instead allow schools the flexibility to develop team eligibility criteria that serves important educational objectives, such as fairness in competition and preventing sports-related injuries.

    CUPA-HR will continue to monitor for updates on the Title IX final rule.



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