Tag: Departments

  • Week In Review: Fallout from the Education Department’s breakup

    Week In Review: Fallout from the Education Department’s breakup

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    Most clicked story of the week:

    The U.S. Department of Education announced Tuesday that it is transferring management of six programs to other federal agencies as the Trump administration continues pushing toward the agency’s closure. The move, the administration said, will give states more control over education funding decisions.

    Among the program shifts are the Office of Elementary and Secondary Education to the U.S. Department of Labor, and international education and foreign language studies programs to the U.S. Department of State.

    Number of the week:

     

    58%

    The percentage of schools in the U.S. that offer algebra by the 8th grade, according to a study released Tuesday by assessment and research organization NWEA. Beyond that slim majority, access to 8th grade algebra is much lower in rural areas, high-poverty schools and schools with more than 75% Black or Latino students, the study said. High-achieving Black students in particular are “systematically less likely” than other high-achievers to be placed in 8th grade algebra when it is offered.

    Ed Dept split raises concerns

    • Reaction to the Education Department’s announcement that it is shifting the management of a handful of programs to other federal agencies ranged from celebration to condemnation. As many stakeholders praised or criticized the management shift, several others said they want more details about logistics and exactly what would change.
    • On Thursday morning, a coalition of more than 850 local, state and national organizations released a joint commitment to support federal special education law and to protest any move that separates services for students with disabilities from the Education Department. Coalition members, who also include individual advocates, support keeping the department as an independent agency that is fully staffed and funded to oversee federal laws including the Individuals with Disabilities Education Act and Section 504.

    Religion in schools is once again in front of the courts

    • The U.S. Supreme Court on Nov. 17 refused to hear a case on whether a Christian school should be allowed to broadcast a pregame prayer over a football stadium’s loudspeaker before a state championship game. The decision comes on the heels of several other First Amendment decisions by the high court in recent years related to school prayer and speech.
    • A federal judge on Nov. 18 ordered about a dozen Texas school districts to remove any displays of the Ten Commandments in classrooms by Dec. 1. The preliminary injunction temporarily prohibits these districts from carrying out a state law that requires the schools to display the religious text while related cases are pending in the 5th U.S. Circuit Court of Appeals.
    • Another religious school — this time Jewish — has applied to operate a virtual public charter school in Oklahoma next year, reviving the debate of whether religious schools can be considered public just months after a similar effort by a Catholic school was blocked by a deadlocked U.S. Supreme Court.

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  • TCU Moves Race, Gender Studies Departments to English

    TCU Moves Race, Gender Studies Departments to English

    On June 1, Texas Christian University will close its stand-alone gender studies and race and ethnic studies departments and fold the majors and courses into the English Department, university leaders announced earlier this month.

    The research university in Fort Worth is one of the first private institutions in the state to announce changes to its gender, sexuality and race-related academic programs after firings at Texas A&M University prompted the state’s public institutions to flag, censor and cut classes related to gender, sexuality, race and ethnicity.

    In a meeting with English Department faculty on Oct. 22, TCU provost Floyd Wormley cited financial reasons for the change, asserting that political pressure “had no influence” on the decision to merge the Women and Gender Studies and Comparative Race and Ethnic Studies Departments into the English Department. But some faculty aren’t convinced. They say the move follows a decline in institutional support for the disciplines as the university faces immense pressure to eliminate any and all programming related to gender, race and ethnicity.

    “The explanation from the administration is financial, and that doesn’t necessarily track with earlier correspondence with the department,” said Brandon Manning, an associate professor of gender and sexuality and race and ethnic Studies. The university is expanding its physical footprint and its student body, and “there are new programs and departments popping up daily,” he added. “TCU has been receiving considerable criticism online, and this seems to be a way to placate that criticism.”

    A TCU spokesperson told Inside Higher Ed that conversations about merging the departments started more than two years ago. The two departments already share a leadership structure. The English Department wasn’t mentioned as a partner until the Oct. 17 announcement, said Alexandra Edwards, an English instructor at TCU.

    The merger will affect seven faculty members, five of whom will likely follow the programs into the English Department. Other faculty and support staff will be deployed to other departments, Wormley and Sonja Watson, dean for the AddRan College of Liberal Arts, told faculty at the Oct. 22 meeting. The merger is part of a universitywide restructuring project and is primarily due to low enrollment in the two departments, they said. The Spanish and Modern Languages Departments will also be combined, and so will the Geology and Environmental Sciences Departments.

    “Decisions are not based on academic content but on data,” a TCU spokesperson told Inside Higher Ed. “Students currently majoring in these programs have been notified that there will be no impact to their academic progress, meaning they will be able to complete their degrees as planned. TCU is growing and will need more faculty and staff—not less—to ensure that we meet the academic needs of students and demand for a TCU education.”

    This fall, Critical Race and Ethnic Studies enrolled nine majors and minors, and Women and Gender Studies enrolled just two. The two programs have never been large; since becoming stand-alone departments in 2018, their highest combined enrollment was 31 majors and minors, in fall 2020. But using low enrollments to justify the merger is unfair, Edwards argued. The programs haven’t had a chance to flourish because of constant structural changes, she said.

    “They have been through a ton of turmoil and leadership turnover and reassignment to various different colleges and units across the university, so for a long time they’ve been unable to become stable,” Edwards said. “I don’t see how gender studies or ethnic studies could become a priority in an English department that’s already … juggling a lot of competing interests and varied disciplines.”

    Department chairs weren’t given any warning about the merger with the English department, and faculty were not consulted before the decision was made, according to notes from the Oct. 22 meeting shared with Inside Higher Ed. When faculty asked why, Wormley said it was within “the purview of the institution to make those decisions.”

    A One-Man Campaign?

    While TCU isn’t subject to the same state laws that eliminated diversity, equity and inclusion efforts at Texas’s public institutions, the university is still getting plenty of external pressure to ax its gender and race studies offerings. Faculty say the campaign to abolish related classes, programs and events at the university is led by Bo French, a TCU alum and the son of a sitting TCU board member. French is also chairman of the Tarrant County Republican Party and a conservative politician who was denounced by members of his own party for using slurs for gay people and people with disabilities.

    French has berated the university online for what he described as “LGBTQ” and “radical Marxist” indoctrination. He celebrated on Oct. 10 when the university removed the “LGBTQ+” link from the “community initiatives” dropdown on its website. Three days earlier, he posted a poll on X asking followers if the university should “dismantle its entire racist DEI infrastructure and also stop offering courses in degenerate LGBTQ ideology.”

    French interpreted the merger news as a partial victory. “This is simply hiding what they do in another department. Nothing changes,” he wrote on X on Oct. 22. “However, it does show that the public pressure is working. They are bending, but we have to make them break completely and eliminate these courses altogether.”

    Since then, he has continued to wage a social media campaign against anything related to gender, sexuality or diversity at TCU. On Oct. 22 he also posted on X a photo of a lawn sign advertising campus Pride Month events, alongside the comment “I know a few things are happening behind the scenes at ⁦@TCU⁩ and I am now more hopeful than ever, but they haven’t happened yet and so stuff like this is still polluting the campus.”

    Publicly, university officials have said little in response to criticism by French and others, Edwards said. She noted that she was harassed and doxed by conservatives in August 2024 over posts she made before she worked at TCU, and she was advised by administrators to “lay low” until the firestorm subsided. A former TCU Women and Gender Studies professor who received a threat of violence in response to a 2023 course titled The Queer Art of Drag was asked by police to leave campus for his own safety, Edwards said. More recently, a political science professor was doxed for online comments she made in the wake of conservative firebrand Charlie Kirk’s death.

    Asked how the university has responded to political pressure and harassment of faculty, a spokesperson said, “The university has a thorough process to notify faculty and staff members and provide them with appropriate guidance and support to mitigate potential risks.”

    In conversations with faculty, TCU leaders have acknowledged the pressures of the political landscape on the university, particularly on the gender and race studies departments, Edwards said. At the end of the Oct. 22 meeting, Watson told faculty she had been concerned about the future of the departments since Trump was inaugurated in January. During a March 28 meeting between faculty and Watson about combining the gender and race studies departments, Watson expressed concern about recent executive orders from President Trump.

    “I think that we all know that the executive orders disproportionately affect [Comparative Race and Ethnic Studies], right? … As I said in the beginning, [I am] still very much committed to CRES and very much committed to growing the number of majors, and so I think the biggest challenge … is, how do we increase?” Watson said during the meeting, according to a recording obtained by Inside Higher Ed. “All liberal arts majors’ programs are having this issue for various reasons, but we see these issues manifest in a different way in both CRES and [Women and Gender Studies].”

    In an all-hands meeting on April 4, TCU president Daniel Pullin and general counsel Larry Leroy Tyner explained the difficult bind the current national and state political landscapes have put the university in.

    “If there’s a cliff that if you step off, there’s serious consequences, and [if] you don’t know where the edge of the cliff is, you stay way away from the edge,” Tyner said. “The combination of uncertainty and significant consequences creates the chilling effect.”

    About a minute later, Pullin added that he and his cabinet are “trying to figure out how to stay as far away from that unknown cliff as possible so we can stay on mission and live our values and execute our plan.”

    (This story has been updated to more accurately reflect the chronology of events precipitating the merger.)

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  • TCU Dissolves Women and Gender Studies, Race and Ethnic Studies Departments

    TCU Dissolves Women and Gender Studies, Race and Ethnic Studies Departments

    Texas Christian University Texas Christian University will shutter its women and gender studies department and comparative race and ethnic studies department at the end of this academic year, folding both programs into the English department in a move faculty members say reflects the institution’s response to political pressure.

    The decision, announced earlier this month, comes as higher education institutions nationwide face mounting scrutiny over programs related to diversity, equity and inclusion—particularly those focusing on gender and race. TCU officials cited low enrollment as the primary rationale, though faculty members say the timing suggests otherwise.

    Discussions about restructuring or renaming the departments began in February. Those conversations centered on how to address external pressure against anything perceived as related to DEI initiatives—pressure that has intensified since the Trump administration began efforts to eliminate such programs.

    Faculty members report that university messaging has been inconsistent. Last spring, they were told the two departments would merge but could not include “race” or “gender” in the combined department’s name. By August, officials indicated the merged department could retain those terms. The October announcement revealed all three units would be absorbed into the English department, which will retain its original name.

    University data shows undergraduate enrollment in both departments remains minimal this fall: two seniors are majoring in women and gender studies, while nine students major in comparative race and ethnic studies—five seniors, three juniors and one sophomore.

    Women and gender studies at TCU traces its roots to 1979, when professors Jean Giles-Sims and Priscilla Tate began advocating for such a program. The university formally launched it in 1994. The comparative race and ethnic studies program emerged in 2017 amid student concerns about campus climate, with its founding director telling media the program would help foster cultural change and attract a more diverse student body.

    In his email to English faculty, Provost Floyd Wormley Jr.said  that the restructuring aims to “ensure a more efficient and effective use of faculty and administrative resources” while maintaining fiscal sustainability. 

     

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  • Richey confirmed to lead Education Department’s Office for Civil Rights

    Richey confirmed to lead Education Department’s Office for Civil Rights

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    The Senate confirmed Kimberly Richey as the next assistant secretary for civil rights at the U.S. Department of Education in a 51-47 vote along party lines late Tuesday afternoon. The approval came as part of a resolution allowing senators to consider for confirmation Richey and over 100 other federal nominees at once. 

    Richey served as acting assistant secretary at the Education Department under the first Trump administration — first for the Office of Special Education and Rehabilitative Services and then for the Office for Civil Rights — and also worked at OCR under the George W. Bush administration. 

    Her approval had been nothing short of expected, considering the slight Republican majority in the Senate and President Donald Trump’s nomination in February to head the Education Department’s civil rights arm.

    As assistant secretary of OCR, Richey will be responsible for overseeing investigations into alleged civil rights complaints, protecting all students’ civil rights, and drafting and implementing civil rights regulations, including but not limited to Title IX, Title VI and Section 504. 

    She was confirmed to steer a ship that is functioning at half of its previous capacity, with OCR down to five out of 12 of its offices. She faces a backlog of over 12,000 open investigations and more than 25,000 complaints, and a pared down staff as a result of Trump and U.S. Education Secretary Linda McMahon’s efforts to wind down the department. 

    She’s also entering the office as the Education Department is embroiled in a lawsuit that, until recently, required OCR be restored to its previous capacity by returning laid off workers to their jobs. Just as the Education Department began returning OCR staffers back to the job in waves, the federal district court order requiring its restoration was overturned in September by the 1st U.S. Circuit Court of Appeals.

    The Education Department, most of whose staff is furloughed as part of the government shutdown, has not responded to K-12 Dive’s requests about what that means for the over 80 staffers who had already returned to their old posts.

    Before the Senate’s Health, Education Labor and Pensions Committee confirmed Richey’s nomination in June, Sen. Patty Murray, D-Wash., shared that attorneys at OCR are juggling on average 115 cases, more than double the previously reported caseload of 42 cases per person. 

    Richey said she would “always advocate for OCR to have the resources to do its job.” However, she dodged questions about whether OCR, under Trump’s first administration, had enough resources to do its job.  

    “I’m going to have to be really strategic if I’m confirmed, stepping into this role, helping come up with a plan where we can address these challenges,” she said about OCR’s reduced resources under the current administration. 

    Among her first steps, Richey said, would be to evaluate the current caseload and determine where complaints stand in their investigative timelines. She would also examine the staff distribution and organizational structure of OCR, she said. 

    Richey said that rather than put certain investigations on pause, as has been the case under the second Trump administration, she would prioritize all complaints that fall at OCR’s footsteps.

    After the mass layoffs at the agency that left OCR gutted along with other department offices, the Education Department told K-12 Dive in March that OCR was undergoing organizational changes and said it would deliver on its statutory responsibilities. 

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  • When Emergency Departments Are Waiting Rooms, Patients Suffer

    When Emergency Departments Are Waiting Rooms, Patients Suffer

    Home » Careers in Nursing » When Emergency Departments Are Also Waiting Rooms, Patients and Providers Suffer

    Emergency department boarding — when stabilized patients wait hours or days for transfers to other departments — is a growing crisis.

    Ryan Oglesby, Ph.D., M.H.A., RN, CEN, CFRN, NEA-BC

    President, Emergency Nurses Association

    An elderly woman arrives in the emergency department with a fractured hip. Nurses and doctors assess and stabilize her, and the decision is made to admit her for additional treatment.

    The patient waits.

    An adolescent experiencing a mental health crisis arrives, is assessed and stabilized, but needs to be transferred to a psychiatric hospital for further care.

    The patient waits.

    Every day, patients in similar situations wait in emergency departments not equipped for extended inpatient-level care until they can be moved to a bed elsewhere in the hospital or to another facility.

    The Emergency Department Benchmark Alliance reports the median waiting time, called ED boarding, is approximately three hours. However, many patients wait much longer, sometimes days or even weeks, and the effects are far-reaching. It has a profound impact on emergency department resources and emergency nurses’ ability to provide safe, quality patient care. 

    Negatives for patients and providers

    When admitted patients remain in the emergency department (ED), nurses juggle inpatient-level care with acute emergencies, leading to heavier and more intense workloads. Although ED nurses are highly adaptable, adjustments to their care approach create further disruptions in what most nurses would already describe as the controlled chaos of the emergency department, where no patient can be turned away.

    Research has shown that admitted patients who board in the emergency department have longer overall length of stays and less-than-optimal outcomes compared to those who are not boarded. 

    Boarding can also exacerbate patient frustration and family concerns about wait times, emotions that often escalate into physical violence against healthcare workers.

    Over time, all of these factors increasingly lead emergency nurses to burn out, while the entire emergency care team’s efficiency and morale erode.

    Many departments adjust processes, staff roles, and use of space to better tend to their boarded patients, but these are not long-term solutions. Boarding is a whole-hospital challenge, not simply one for the emergency department to figure out.

    Recommendations for change

    In 2024, Emergency Nurses Association (ENA) representatives were among the contributors to the Agency for Healthcare Research and Quality summit. The event’s findings point to a need for a collaboration between hospital and health system CEOs and providers, as well as regulation and research to establish standards and best practices.

    ENA also supports passage of the federal Addressing Boarding and Crowding in the Emergency Department Act (H.R. 2936/S. 1974). The ABC-ED Act would provide opportunities for improving patient flow and hospital capacity by modernizing hospital bed tracking systems, implementing Medicare pilot programs to improve care transitions for those with acute psychiatric needs and the elderly, and evaluating best practices to more rapidly implement successful strategies that minimize boarding.

    Boarding is a problem affecting emergency departments, large and small, around the world, but the solutions need to involve decision-makers at the top of the hospital and healthcare systems, as well as front-line healthcare workers who see this crisis firsthand.

    Most importantly, those solutions must focus on doing everything to ensure each patient receives the absolute best care possible in ways that also protect the precious health and well-being of emergency nurses and all staff.

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  • Education Department’s anti-DEI guidance struck down in federal court

    Education Department’s anti-DEI guidance struck down in federal court

    A federal judge on Thursday struck down the U.S. Department of Education’s guidance that threatened to strip colleges and K-12 schools of their federal funding over diversity, equity and inclusion practices it deemed unlawful. 

    U.S. District Judge Stephanie Gallagher’s final judgment in the case comes after she and another federal judge temporarily blocked the guidance while litigation proceeded. 

    Her ruling vacates the Education Department’s Feb. 14 guidance. It also strikes down a Trump administration directive that ordered K-12 school districts to certify they’re not using DEI practices or risk losing federal funding. However, the Trump administration had already withdrawn the requirement due to a prior court ruling. 

    The Education Department, Gallagher wrote Thursday, didn’t take the proper steps to issue the new guidance. She also ruled that the guidance violated constitutional rights by placing viewpoint-based restrictions on classroom speech and using vague language that didn’t make clear what kind of DEI initiatives were prohibited. 

    The ruling deals a blow to one of the Trump administration’s many efforts to stamp out DEI practices in colleges and elsewhere. 

    The Feb. 14 guidance letter immediately sparked outcry from educator groups, who argued that it would limit what they could teach in the classroom, including instruction on history or systemic racism. They also argued it would prohibit campus resources, such as college cultural centers. 

    Shortly after its release, the guidance and related actions from the Education Department sparked at least three separate lawsuits. Gallagher’s ruling is in response to the complaint brought by the American Federation of Teachers, the union’s Maryland affiliate, the American Sociological Association and an Oregon school district. 

    Those groups hailed the ruling Thursday. 

    “Today’s ruling makes it clear that, regardless of President Trump’s wishes and endless attacks, our public education system will continue to meet the diverse needs of every student — from teaching true history to providing critical resources,” AFT-Maryland President Kenya Campbell said in a statement. 

    The required steps for new policies

    The sweeping Feb. 14 guidance interpreted the U.S. Supreme Court case striking down race-conscious admissions to extend to every aspect of education, arguing that colleges and K-12 schools were prohibited from considering race in any of their policies. The letter said that ban extended to scholarships, housing and graduation ceremonies. 

    The letter also took aim at classroom instruction and DEI practices. 

    “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” Craig Trainor, acting assistant secretary for civil rights, wrote in the letter. “Proponents of these discriminatory practices have attempted to further justify them — particularly during the last four years — under the banner of ‘diversity, equity, and inclusion.’”

    The Trump administration has maintained that the Feb. 14 guidance merely restates colleges and K-12 schools’ existing obligations under Title VI, which bars federally funded institutions from discriminating based on race, color or national origin. However, Gallagher pushed back on that argument, writing that the guidance created new policies for colleges and schools to follow. 

    Title VI — along with the landmark court decision striking down race-conscious admissions — have “never been interpreted to preclude teaching about concepts relating to race,” Gallagher wrote. 

    The Trump administration could have issued guidance to note that it would prioritize Title VI enforcement to “discrimination against all groups, even those in the majority,” Gallagher added. “But it went much farther than that by expanding the definitions of ‘stereotyping,’ ‘stigmatizing,’ and ‘discrimination’ to reach entirely new categories of conduct.” 

    Moreover, the Education Department cited the Feb. 14 letter the following month when it launched investigations into more than 50 colleges over allegations that their programs or scholarships have race-based restrictions. Most of the institutions were targeted because of their relationship with The PhD Project, a nonprofit that for years provided support for underrepresented groups earning doctoral degrees in business but recently adopted a broader mission.

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  • Federal judge halts Education Department’s anti-DEI measures

    Federal judge halts Education Department’s anti-DEI measures

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    A federal judge blocked two U.S. Department of Education actions attempting to restrict diversity, equity and inclusion in schools on Thursday. 

    The decision undoes a February “Dear Colleague” letter that threatened to withhold federal funding to schools that didn’t eliminate race-based programming, as well as a subsequent letter requiring school districts to certify that they do not incorporate DEI in their schools. 

    In her 76-page opinion, Judge Stephanie Gallagher of U.S. District Court for Maryland ruled that the administration violated decision-making procedures under the Administrative Procedure Act — a move that violated the constitutional rights of plaintiffs, who are led by the American Federation of Teachers. 

    Gallagher, a Trump-appointed judge, took no stance, however, on the content of the Education Department’s directives themselves. 

    “Still here, this Court takes no view as to whether the policies at issue in this case are good or bad, prudent or foolish, fair or unfair,” she said. “But, at this stage too, it must closely scrutinize whether the government went about creating and implementing them in the manner the law requires. Here, it did not.” 

    The administration’s anti-DEI measures were already on pause as a result of this court case and at least two other separate but similar federal court cases pending in Washington, D.C., and New Hampshire. Those cases also challenged the Education Department’s anti-DEI policy.

    As a result of previous court action pausing the measures, the department had already withdrawn its certification requirement. 

    However, in an email to chief state school officers in April retracting the certification requirement, the department said, “Please be advised that the Court Order does not preclude the U.S. Department of Education from initiating any enforcement actions that it may otherwise pursue under Title VI of the Civil Rights Act and its implementing regulations.” 

    Title VI bars discrimination based on race, color or national origin in federally funded programs — and has in the past been used especially to protect historically marginalized students from such bias. However, since President Donald Trump reentered the White House, the Education Department has invoked the civil rights statute to protect Asian and White students. The Trump administration’s anti-DEI efforts are a core part of that interpretation. 

    The Education Department echoed its earlier sentiments in a reaction to Thursday’s ruling. 

    “While the Department is disappointed in the judge’s ruling, judicial action enjoining or setting aside this guidance has not stopped our ability to enforce Title VI protections for students at an unprecedented level,” said the department in an email to K-12 Dive on Friday. “The Department remains committed to its responsibility to uphold students’ anti-discrimination protections under the law.”

    However, some public school educators and advocates say the measures would harm decades of equity work meant to level the playing field for Black and brown students. Moreover, the directives would create an environment of fear that impacts other underserved students such as students with disabilities, they say

     “Our district works hard to ensure that every student feels included through thoughtful curriculum and programs,” said Eugene School District 4J school board member Jenny Jonak in a statement on Thursday. The Oregon district was a plaintiff in the lawsuit that led to Thursday’s court decision. 

    “Teachers and schools must be able to provide inclusive, comprehensive education without fear of losing critical federal funding. We should never be forced to choose between supporting our students and securing the resources they need and deserve,” Jonak said.

    The Trump administration, in its court response to the lawsuit, argued that the certification requirement “fails to rise to the level of final agency action,” which would have required the formal rulemaking procedures that the department didn’t undergo. 

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  • Penny Schwinn Drops Out of the Running for Ed Department’s Deputy Role – The 74

    Penny Schwinn Drops Out of the Running for Ed Department’s Deputy Role – The 74

    Updated

    Penny Schwinn, in line to serve as second in command of the U.S. Department of Education, has withdrawn from the nomination, Education Secretary Linda McMahon announced Thursday.

    Instead, the former Tennessee education commissioner will take on a different role for the department.

    “I am grateful to Dr. Schwinn for her commitment to serving students, families, and educators across the nation,” McMahon said in a statement. “Penny is a brilliant education mind and I look forward to continuing working with her as my chief strategist to make education great again.”

    Schwinn, in a statement, said she gave the decision “thoughtful consideration” and said she will  “remain committed to protecting kids, raising achievement and expanding opportunity  —  my lifelong mission and north star.”

    Considered a champion for improving reading outcomes and high-dosage tutoring, Schwinn was among President Donald Trump’s early picks for department posts. Many perceived her as a more bipartisan choice than others joining the administration, but among Tennessee conservatives, many who felt she was too liberal, opposition to her nomination was strong.

    The timing of Schwinn’s withdrawal couldn’t be worse, according to some conservatives. 

    “Her decision to remove herself from consideration to become deputy secretary hurts students, educators, and the Trump administration,” said Jim Blew, co-founder of the Defense of Freedom Institute, a think tank. “Secretary McMahon has been charged by Congress and the president with huge tasks under the One Big Beautiful Bill and several urgent executive orders.”

    As head of the Education Department, McMahon is striving to turn more authority over education to the states. It’s now unclear who will step into the deputy position and take the lead on the state’s requests for more flexibility over education funding. At least two states, Iowa and Oklahoma, have already submitted requests for block grants, and Indiana is currently gathering comments from the public in preparation for a similar proposal. Kirsten Baesler, North Dakota’s long-time education chief, is currently awaiting confirmation to be assistant secretary for elementary and secondary education at the department. In February, she joined 11 other GOP chiefs in asking McMahon for greater freedom to direct education funds toward state-level needs.

    Controversies and questions over Schwinn’s conservative qualifications have followed her for years. Far-right groups, including Moms for Liberty, said her past support for equity initiatives, like hiring more teachers of color, was evidence that she was not a good fit for an administration determined to eliminate such programs. Others remained angry over Schwinn’s pandemic-era plan to conduct “well-being” home visits. Even though she scrapped the plan, parents and members of the legislature considered it an example of government overreach.

    More recently, Steve Gill, a conservative commentator in Tennessee, reported that while she was deputy superintendent of the Texas Education Agency, Schwinn recommended individuals who advocate for comprehensive sex education, including abortion rights, to advise the state on health curriculum. 

    Gill told The 74 he shared his TriStar Daily article about her stance on these issues with Tennessee Sens. Marsha Blackburn and Bill Hagerty, as well as the state’s congressional delegation. Blackburn, who is expected to run for governor next year, was considered a possible no vote for Schwinn.

    According to Gill, Blackburn’s office “has been working tirelessly behind the scenes with the White House, Secretary Linda McMahon and Majority Leader [John] Thune to block the confirmation.”

    But Madi Biedermann, spokeswoman for the department, said the agency “strongly disagrees with that characterization.”

    Republican Sen. Marsha Blackburn from Tennessee was expected to vote no on Penny Schwinn’s confirmation. (Anna Moneymaker/Getty Images)

    Blew said it’s unfortunate that politics got in the way, noting that Schwinn’s experience in both blue and red states would have brought valuable expertise to the Ed Department role. In addition to her jobs in Tennessee and Texas, Schwinn founded a charter school in Sacramento and also served in the Delaware Department of Education.

    “It’s sad that a handful of demagogues are standing in the way of giving Secretary McMahon the team she needs to succeed,” he said.

    Others praised Schwinn’s record of prioritizing the science of reading in Tennessee schools and directing COVID relief funds toward tutoring.

    “This is a setback for all who want to see Washington slashing red tape, advancing literacy and fighting for common sense values,” said Rick Hess, director of education policy studies at the conservative American Enterprise Institute.

    For some critics, Schwinn’s business ventures since leaving the top spot in Tennessee two years ago raised questions as she waited to appear before the Senate education committee. 

    In June, a day ahead of her joint hearing with three other nominees, The 74 reported that shortly after Trump tapped her for the job, she registered a new education consulting business in Florida, New Horizon BluePrint Group, with a longtime colleague. Before Schwinn filed ethics paperwork with the federal government, her sister replaced her as a manager on the business. 

    When a reporter from The 74 asked questions about the new project, Donald Fennoy, her colleague and a former superintendent of the Palm Beach County School District, dissolved the business.

    Ethics experts say candidates for an administration post often distance themselves from new business entanglements to avoid any appearance of a conflict, but Schwinn has faced accusations of poor judgment before.

    While she was in Texas, the state agency signed a $4.4 million no-bid contract in 2017 with a software company where she had a “professional relationship” with a subcontractor, according to a state audit. And in Tennessee, the education agency made an $8 million deal in 2021 with TNTP, a teacher training organization where her husband Paul Schwinn was employed at the time. Lawmakers considered the deal a “huge conflict.”

    “Ethics was a crucial concern,” said J.C. Bowman, executive director and CEO of Professional Educators of Tennessee, a non-union organization. He was among those who sent letters to the Senate, asking them to remove her from consideration. “Her personal business interests and possible conflicts could potentially influence educational decisions in ways that many found difficult to overlook.”

    Clarification: An earlier version of this story mischaracterized the role Penny Schwinn will take on in lieu of serving as the deputy education secretary. Schwinn will be taking on an advisory role at the Education Department.


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  • Lawmakers and judge push back on Education Department’s gutting, citing inefficiency

    Lawmakers and judge push back on Education Department’s gutting, citing inefficiency

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    The Trump administration’s decision to gut federal programs administered by the U.S. Department of Education and lay off half of the agency’s staff in an attempt to increase its efficiency has been met with resistance from lawmakers and, most recently, a federal judge whose court order brought efforts to close the department to an abrupt halt. 

    In an update required by a May 22 court order, the Education Department posted on its website that it has notified its employees of the court-ordered reversal of the reduction in force that left the agency with only about 2,183 out of 4,133 employees. The department on May 27 acknowledged its being compelled by the order in State of New York v. McMahon “to restore the Department to the status quo such that it is able to carry out its statutory functions.” 

    U.S. District Judge Myong Joun, in temporarily reversing the reduction in force, said gutting the department would lead to “irreparable harm that will result from financial uncertainty and delay, impeded access to vital knowledge on which students and educators rely, and loss of essential services for America’s most vulnerable student populations.” 

    “This court cannot be asked to cover its eyes while the Department’s employees are continuously fired and units are transferred out until the Department becomes a shell of itself,” Joun said in his decision.

    The Education Department appealed Joun’s ruling the same day it was issued. The agency did not respond to K-12 Dive’s request for comment. 

    Delays in distributing grant funds

    The decision came on the heels of a May 16 letter sent by Democratic lawmakers to U.S. Education Secretary Linda McMahon. They claimed the Education Department was delayed in distributing grant funding for the 2025-26 school year. The delay gives states and districts less time to allocate funds meant to help students experiencing homelessness and other underserved students the grants are meant to help, they said.

    “States and school districts are best able to plan to most effectively use federal funds with advance knowledge of expected funding, as Congress intends by providing funds on a forward-funded basis,” said Sen. Patty Murray of Washington, Sen. Tammy Baldwin of Wisconsin, and Rep. Rosa DeLauro of Connecticut in the letter. 

    Murray is vice chair of the Senate Committee on Appropriations, of which Baldwin is also a member. DeLauro is ranking member of the House Appropriations Committee. 

    “We believe you need to immediately change course and work in partnership with states and school districts to help them effectively use federal funds,” the lawmakers wrote in their reprimand of the department’s delay.

    By the lawmakers’ count, the department took three times as long under this administration to distribute Title I-A grants than under the Biden administration. Whereas the former administration took two weeks to distribute the funds after the appropriate law was signed in 2024, the current administration took more than 50 days after the enactment of the 2025 appropriations law to distribute Title I-A funds. The program provides $18.4 billion by formula to more than 80% of the nation’s school districts. 

    The department also delayed applications for the Rural Education Achievement Program, which funds more than 6,000 rural school districts. It opened applications to REAP’s Small, Rural Schools Assistance program nearly two months later than the Biden administration, and gave districts half the time to apply — just 30 days compared to 60 in FY 2024.  

    AASA, The School Superintendents Association, said it was aware of this delay. “We understand this release date is significantly later than usual coupled with a shortened application window, so it is important to ensure all eligible districts are aware of this change,” the association said in a May 7 post, prior to the application’s release on May 14. The deadline for program applications is June 13. 

    These delays in funding distribution and last week’s letter from Democrats come as the department bumped funding for charter schools by $60 million this month. 

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  • Education Department’s Anti-DEI Guidance Blocked

    Education Department’s Anti-DEI Guidance Blocked

    The Education Department won’t be able to enforce its guidance that declared all race-based programming and activities illegal following two court orders Thursday.

    Federal judges in New Hampshire and Maryland handed down the rulings after finding plaintiffs in the two separate lawsuits were likely to succeed in proving that the Feb. 14 Dear Colleague letter violated procedural standards and the First Amendment. Prior to the orders, colleges and K-12 schools that failed to comply with the letter risked their federal funding.

    “Although the 2025 letter does not make clear what exactly it prohibits, it makes at least one thing clear: schools should not come close to anything that could be considered ‘DEI,’ lest they be deemed to have guessed wrong,” the New Hampshire judge wrote. And since loss of federal grants could cripple institutions, “it is predictable—if not obvious—that [they] will eliminate all vestiges of DEI to avoid even the possibility of funding termination,” regardless of whether it is an example of executive overreach.

    The New Hampshire court’s preliminary injunction, which was issued first, was limited to institutions that are members of the plaintiff association, leaving many colleges and universities vulnerable. But just hours later, a Maryland judge filed her opinion that prevented the letter from taking effect until the case is resolved, which essentially serves as a nationwide injunction.

    The injunctions do not, however, block all of Trump’s attacks on DEI. The Dear Colleague letter was just one aspect of the president’s multipronged strategy.

    In a separate lawsuit from the NAACP challenging the department’s guidance and actions related to DEI, a District of Columbia judge blocked the department from requiring that K-12 schools certify that they don’t have any DEI programs. Thursday, April 24, was the deadline to comply. The department threatened to withhold federal funding from K-12 schools that didn’t meet the certification requirement. The judge ruled that “because the certification requirement conditions serious financial and other penalties on insufficiently defined conduct,” the plaintiffs were likely to succeed.

    Since its release, the Dear Colleague letter has sent K-12 and higher education advocates across the country into an uproar as lawyers and others argued that the document was a prime example of Trump abusing presidential power.

    The Education Department said in the guidance that the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which banned race-conscious admissions, also made any race-based programming, resources and financial aid illegal. The department gave colleges two weeks to comply. A few weeks after the letter took effect, the Office for Civil Rights opened dozens of investigations into colleges, accusing them of violating the guidance in the letter.

    Some colleges and universities, in an effort to comply with the letter, began to retract, or at least rebrand, their DEI activities, resources and scholarships. Some institutions, including the Universities of Cincinnati, Pittsburgh and Alaska, responded by scrubbing their websites of words like “diversity” and “inclusion.” Others, including Ohio State University, shuttered DEI offices and changed the eligibility requirements for certain programs entirely. (Those changes were made despite the advice of some academic associations to avoid pre-emptive compliance.)

    On March 3, the Education Department released an FAQ that watered down and provided clarity on some of the letter’s bold orders. But still, higher education groups continued to push back, and by the end of the week, both lawsuits had been filed.

    The one in New Hampshire was led by the National Education Association, the nation’s largest K-12 union, and the other in Maryland was from the American Federation of Teachers, a union that includes many higher education faculty.

    The unions argued that the letter and its threat to cut federal funding violated the First and Fifth Amendments, using vague language that exceeded the Education Department’s statutory authority. They also alleged that the scrubbing of DEI programs as well as the potential funding cuts would weaken schools’ and universities’ ability to act as tools of socioeconomic mobility.

    “This letter is an unlawful attempt by the department to impose this administration’s particular views of how schools should operate as if it were the law. But it is not,” the AFT complaint stated. “Title VI’s requirements have not changed, nor has the meaning of the SFFA decision, despite the Department’s views on the matter.” (Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color or national origin.)

    At a recent hearing in the Maryland case, the Department of Education argued that its letter was merely a reminder that existing civil rights laws protect white children from discrimination just as much as children from a minority group, Maryland Matters reported.

    “It’s highly unlikely that they’re going to go after a school because they taught a certain book,” U.S. attorney Abhishek Kambli said. “All this letter does is just clarify what the existing obligations are under Title VI [of the Civil Rights Act].”

    But the Maryland judge didn’t buy that argument, and she sided with the plaintiffs, as did the New Hampshire judge.

    The New Hampshire judge said the policies outlined in the letter failed to appropriately define DEI and therefore threatened to erode the “foundational principles” of free speech and academic freedom.

    The Maryland judge, on the other hand, approached her case from a perspective of “substantive and procedural legality,” saying the Trump administration’s letter failed to hold its own on that front as well.

    “Plaintiffs have shown that the government likely did not follow the procedures it should have, and those procedural failures have tangibly and concretely harmed the Plaintiffs,” Gallagher wrote. “This case, especially, underscores why following the proper procedures, even when it is burdensome, is so important.”

    And though the orders are just temporary holds and litigation will continue, education stakeholders consider it a win.

    “The nationwide injunction will pause at least part of the chaos the Trump administration is unleashing in classrooms and learning communities throughout the country, and it will provide the time for our clients to demonstrate clearly in court how these attacks on public education are unconstitutional and should be permanently stopped,” said Skye Perryman, president of Democracy Forward, a pro bono legal group that is representing AFT in Maryland.

    AFT president Randi Weingarten added in a statement that “the court agreed that this vague and clearly unconstitutional requirement is a grave attack on students, our profession, honest history, and knowledge itself.”

    For the NEA, the New Hampshire decision was “a victory for students, parents, and educators” that blocked an “unprecedented and unlawful” effort to control American schools.

    “Across the country educators do everything in their power to support every student, ensuring each feels safe, seen, and is prepared for the future,” NEA president Becky Pringle said in a news release. “Today’s ruling allows educators and schools to continue to be guided by what’s best for students, not by the threat of illegal restrictions and punishment.”

    The Department of Education did not respond to Inside Higher Ed’s request for comment prior to the publishing of this story.

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