Tag: Policy

  • VICTORY: Colorado repeals restrictive media policy

    VICTORY: Colorado repeals restrictive media policy

    Credentialed media at the University of Colorado are once again free to share simulations of game footage. The university has removed a provision from its media policy that barred outlets from sharing “[s]imulated video or slideshows mimicking game action.”

    As FIRE wrote in our letter to CU, the policy impermissibly restrained journalists from choosing to use “‘simulated game action’ or a slideshow to display game data.” That kind of choice is exactly the sort of editorial decision the First Amendment requires be left to journalists, not the government. 

    Conditioning credentials on this unconstitutional requirement restricted the First Amendment freedoms of journalists miles away from the field, court, or swimming pool. While universities can sell exclusive broadcasting rights to their sporting events, they can’t dictate how media members report on what happened in an athletic competition.. 

    Our letter called on CU to repeal the policy. Thankfully, it did.

    This welcome change comes as a direct result of that letter. In his reply, Athletic Director Rick George acknowledged that the university’s policy was far broader than administrators had first realized. He also affirmed CU’s strong commitment to free expression and committed to repealing the policy, which went well beyond the university’s obligations as a member of the Big 12 Conference and signatory to the conference’s media rights deal.

    CU’s response here is exactly what universities should do when their policies fall short of their First Amendment obligations: acknowledge the problem, commit to protecting expression, and promptly fix the issue. And it’s surely part of the reason the university is ranked fifth in FIRE’s College Free Speech Rankings, with a majority of students saying CU is at least somewhat clear that the administration protects free speech on campus.

    FIRE’s Student Press Freedom Initiative is pleased to see CU put the free press over profits. Other universities should take a page from the Buffaloes’ book.


    FIRE defends the rights of students and faculty members — no matter their views — at public and private universities and colleges in the United States. If you are a student or a faculty member facing investigation or punishment for your speech, submit your case to FIRE today. If you’re a college journalist facing censorship or a media law question, call the Student Press Freedom Initiative 24-hour hotline at 717-734-SPFI (7734). If you’re faculty member at a public college or university, call the Faculty Legal Defense Fund 24-hour hotline at 254-500-FLDF (3533).



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  • From ‘Bring It On’ to ‘This Policy Is Crazy,’ NYC Parents React to Cellphone Ban – The 74

    From ‘Bring It On’ to ‘This Policy Is Crazy,’ NYC Parents React to Cellphone Ban – The 74

    One year after I reported on New York City parents’ reactions to a proposed ban on cellphones in the classroom, students and teachers have returned to schools with that ban in place. 

    When I asked families on my 4,000-plus-member NYC School Secrets mailing list how they felt about the new restriction, I received answers ranging from enthusiasm to concern. 

    “Phones and smartwatches in classrooms and school hallways are more than just a distraction — they’re a barrier to learning, focus and social development,” according to Manhattan’s Arwynn H.J. 

    “Bring on the ban,” cheered Bronx parent and teacher Jackie Marashlian. “My high school students were ready to air-scroll me toward the ceiling with their fingers, so bored with whatever it was I was trying to impart to them. One day we had a WiFi glitch and I saw my students’ beautiful eyes for the very first time. Bring kids back to face-to-face interaction and socializing during lunch breaks.” 

    “As a middle school teacher in the Bronx and parent of an eighth grader, I think the cellphone ban is fantastic,” agreed Debra. “While my son is ‘devastated’ he can’t have his phone, it scares me that he’s said he doesn’t know what to do at lunch/recess without a phone. Kids have become so reliant on technology, even when they are with their peers, that often they are not really WITH their peers; they are all just staring at their phones. I hope the cellphone ban leads more students to be both physically and mentally present.”

    For mom Elaine Daly, the phone ban affects her more than her special-needs daughter. “My child is 11 and knows she is not to use the phone in school. My parental controls blocks, locks and limits access. But I need her phone to be on so I can also track her, since the NYCSchools bus app always says: Driver offline.”

    Jen C., who reported the ban has been going well with her child in elementary school, sees a bigger issue for her high school-age son. “He has homework online and likes to get started during his free periods. However, he’s not allowed to use his laptop, and there are not enough school issued laptops. I feel that teachers should give off-line work, or the school needs to give access to laptops.”

    Parents of older students were the ones most likely to be against the blanket edict.

    “You can’t have the same policy for kids 6 years old and for 17 years old,” mom Pilar Ruiz Cobo raged. “This policy is crazy for seniors. Yesterday, my daughter had her first college adviser class, and only five kids could work because the rest didn’t remember their passwords to Naviance and the Common App. The verification code was sent only to their phones. Children who don’t study, don’t study with and without phones, now the children who actually work have to work double at home.”

    A Queens mom pinpointed another problem. “Many high school students leave the premises for lunch, and my son’s school is one of those. He said they’re not allowed to take their phones. Children need to use phones outside of school for various reasons; to use phone pay, to contact their parents for lunch money or any updates, etc…”

    The policy varies from school to school. At some, students are allowed to request their phones back when temporarily leaving the premises. However, the larger the school, the less likely it is to have enough staff to handle such exchanges.

    “An interesting aspect of this policy is that although it was presented as a smartphone ban, it’s actually much more expansive, including tablets and laptops,” pointed out dad Adam C. “This presents a challenge for high school students who rely on laptops for receiving, completing and submitting assignments through Google Classroom.”

    “They say parents have to provide their own laptop pouch (there are none similar to Yonder), and they can’t store laptops in backpacks,” confirmed Queens mom Y.N. “My son has afterschool sports activities and likes to do his homework on his laptop in between. I think he’ll have to take it with him and hope they don’t confiscate.”

    “While I’m not opposed to keeping students off platforms like Snapchat during school hours,” Adam continued, “They should be able to connect a laptop to a school-managed Wi-Fi network for school-related purposes, and the current policy doesn’t provide the schools with much leeway around this.”

    But Y.N. doesn’t believe that’s accurate. “I already voiced my concern to the Student Leadership Team (SLT). At the Panel for Education Policy, they said these rules are fluid. Because the regulations came after the SLTs were done for the year, the chancellor said they should be able to change them. She said a plan had to be made before Day One, but it doesn’t mean that adjustments can’t be made at the school level. ‘Tinkering’ was the word they kept using.”

    If that’s the case, perhaps NYC can pull back from its traditional one-size-fits-all approach and allow individual schools to “tinker” and set limitations based on the needs and feedback of their community, adjusting policy based on grade level, academic requirements and a multitude of other factors.


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  • Falling mature student numbers requires policy action

    Falling mature student numbers requires policy action

    With the clutch of traditional higher education flashpoints accounted for – A level and SQA results days, and a clearing season reported to be particularly fraught in some quarters – the summer is drawing to a close, and a new academic year is upon us.

    Eighteen year olds are set to attend universities in record numbers, up 5 per cent year on year and up 27 per cent since 2016. This is unquestionably a great thing. However, it masks a troublingly stubborn decline in mature students numbers.

    In recent years, the number of these students – those aged 21 and over (or 25 and over for postgraduate study) – entering UK universities has been falling at an alarming rate, down by 26 per cent since 2016 according to UCAS. This decline may sound like a niche concern, but it carries big implications for the wider economy, for skills shortages, and for the prospects of people who want to reskill later in life.

    As the government prepares to roll out the Lifelong Learning Entitlement (LLE), there’s an urgent opportunity to rethink how the sector and society support adult learners and to ensure that lifelong education becomes a central pillar of our skills system.

    The current picture

    While the signs from clearing so far offer some encouragement, due perhaps to a sluggish economy, the data remains stark. Over the past decade or more, the number of mature students entering higher education has steadily declined, down 43 per cent since 2012.

    The causes are multifaceted, but a shift began with the introduction of higher fees in 2012 and has persisted – it is well established that mature students tend to be more debt-averse, so this coupled with the rising cost of living and the upfront financial commitment of a degree will no doubt put off many.

    Others may well be put off by a lack of flexibility. While real strides have been made in this area, particularly at modern universities, the structures of funding and regulation mean a lot of courses are still designed for school-leavers with the time and freedom to study full-time. Family responsibilities, limited employer support for training and the still-dominant perception that universities are designed for 18-year-olds will also play a role.

    The pandemic briefly nudged some adults back into learning, but the overall trend remains downward. Without targeted action, these numbers are unlikely to recover on their own.

    A price to pay

    Why does this matter beyond the university sector? Because a thriving economy depends on people being able to learn, retrain, and adapt throughout their lives. Mature students often bring real-world experience into classrooms and tend to choose courses that fill urgent skills shortages – in health and social care, teaching, engineering, IT, and other high-demand sectors.

    When these pathways dry up, industries suffer. Skills gaps are prevalent across key sectors and have been estimated by the Recruitment and Employment Confederation to cost the economy almost £40bn per year. Without a pipeline of retrained workers, employers struggle to fill gaps, productivity growth stalls, and regional economies miss opportunities to regenerate.

    It’s also an issue of social mobility. For people whose school results closed off higher education the first time around, mature study offers a second chance to change careers, boost their earnings, and improve their families’ prospects. If that route disappears, inequality widens – and our economy pays the price.

    A new hope?

    The LLE, due to launch in 2026, aims to reshape post-18 education in England by enabling a move away from the traditional three- or four-year degree as the default model. Instead, individuals will be able to draw on a single pot of funding – equivalent to four years of study, or around £38,000 – and use it flexibly over their lifetimes, taking courses in smaller, more targeted chunks.

    In principle, this modular approach could open the door for adults with work and family commitments, allowing them to pursue short courses when needed and return later for further study without losing access to funding. By making learning more flexible, affordable, and tied to labour market needs, the LLE is pitched as a way to lower barriers that currently deter many mature learners, particularly in an economy being reshaped by AI, automation, and the green transition.

    Yet the promise of the scheme is far from guaranteed. The rollout is proving complex, with uncertainties over how funding will be administered, whether universities and colleges will be equipped to redesign courses in modular formats, and how easily learners will be able to navigate the system. Awareness is another challenge: adults with established careers and busy lives may not know the scheme exists, or may find the process of accessing funding too bureaucratic to be worth the effort. Employers, meanwhile, will need to support staff in using the entitlement – something that cannot be assumed.

    There are also cultural and practical reasons to doubt whether large numbers of mature learners will take up the LLE. Adults may be reluctant to re-enter formal education, particularly if they are anxious about returning to study, lack confidence with digital learning, or doubt the value of small qualifications in the job market. Others may weigh the potential benefits against the costs – not only financial, but also in time and disruption to family or work responsibilities – and decide against it.

    In short, while the LLE represents a bold attempt to modernise lifelong education, its success will depend on whether the system can overcome significant implementation hurdles and whether mature learners themselves see it as accessible, relevant, and worthwhile.

    The role of modern universities

    Universities are at the heart of this challenge. They too cannot rest on their laurels and must continue to consider how they design, market, and deliver their courses if they are to serve lifelong learners as effectively as they serve 18-year-olds fresh from colleges. Modern universities, which traditionally teach the majority of mature undergraduates, must continue to lead this agenda from the front.

    Partnerships with local employers, another area in which modern universities lead, are key. By aligning courses with regional economic needs – for example, creating pathways into green technologies, health and care, or digital sectors – universities can help ensure that adults return to education with a clear line of sight to better jobs.

    But a cultural shift is just as important. Universities need to be hubs for lifelong learning, not just finishing schools for young adults, and the government has significant work to do in getting the word out to the general public that the opportunity to study or re-train is there to be taken.

    The decline in mature students is more than a higher education story. It’s a warning sign for our economy and for our ability to adapt to change. The LLE offers a chance to reverse the trend – but only if universities, employers, and policymakers work together to make lifelong learning a reality.

    In a fast-changing world, education cannot stop at 21. The people of Britain need a system that allows people to keep learning, keep adapting, and keep contributing to the economy throughout their lives.

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  • UK still top choice for pathway students despite policy changes

    UK still top choice for pathway students despite policy changes

    International students are placing getting a quality education over policy developments – with the UK keeping its spot as the preferred desitnation for 80% of nearly 1,000 pathway students surveyed by NCUK.

    A new report covering the survey’s findings analyses data from 921 students across 88 countries studying an international foundation year or Master’s preparatino programs, looking at their motivations for studying in top destinations, as well as other preferences.

    It found that Australia was the second most popular choice, with 4% of students surveyed marking it as their preference, followed by Canada, the US, New Zealand and Ireland at 3%. Meanwhile, the most coveted programs are business and computer science, as the preferred subjects for just under a third (31%) of respondents.

    Students’ continued preference for the UK comes in spite of a slew of policy changes affecting international students. In May, the government unveiled its long-awaited immigration white paper, setting out the way Keir Starmer’s Labour party intends to tackle migration over the coming years.

    It included plans to reduce the Graduate Route by six months to a total of 18 months, as well as new compliance metrics that higher education institutions must in order to continue recrutiing international students. Tougher Basic Compliance Assessment (BCA) requirements are set to take effect this month, meaning that universities will face penalties if more than 5% of their students’ visas are rejected, down from 10%.

    And last September, the UK increased international student maintenance requirements for the first time since 2020. Under the new rules, students coming to London must show evidence of having £1,483 per month, while studying outside of London need proof that they have at least £1,136 per month.  

    But NCUK’s chief marketing officer Andy Howells pointed out that students are looking beyond arbitrary political decision when choosing their preferred study destination, thinking instead about their long-term prospects.

    “This research demonstrates that international students are sophisticated decision-makers who look beyond political headlines to focus on educational quality and career outcomes,” he said. “While policy changes generate significant discussion in our sector, students are primarily motivated by the academic excellence and opportunities that institutions can provide.”

    The survey found that, of a sample size of 646 students, just 12% who said they were considering studying in the UK said that financial requiremwnr increases would stop them from applying to UK instiutuons.

    However, the popularity of other major study destinations were ore impacted by political headwinds, the survey found.

    Over a third (36%) interested in applying the Australian institutions said that proposed international enrolment caps would affect their decision, while 26% of those looking to study in Canada said they would no longer apply to Canadian institutions over policy changes – particularly changes to the country’s postgraduate work permit scheme.

    And almost four in 10 (38%) considering the US said Donald Trump’s second presidency would negatively impact their choice to study in America.

    For the majority of students surveyed (69.9%), education quality is the primary driver leading them to seek study abroad opportunities, closely followed by enhanced career development opportunities (56.4%) and gaining new knowledge (55.2%).

    The survey also shone a light on students’ post-graduation plans. Half of respondents said they wanted to stay in their study destination, with 31% planning to work and 19% looking at further studies.

    This research demonstrates that international students are sophisticated decision-makers who look beyond political headlines to focus on educational quality and career outcomes
    Andy Howells, NCUK

    But a growing number of students plan to return to their hoe country immediately after graduating, with 23% saying they want to do this – up from 18% in last year’s survey.

    Immigration has continued to be a hot topic in the UK as the anti-immigration Reform party grows in popularity.

    Just earlier this week, Home Secretary Yvette Cooper drew ire from the international education sector after announcing that the government will be tougher on overseas students who make asylum claims that “lack merit” as a means to stay in the country after their visa expires.

    Some 10,000 students have already been texted and emailed warning them that they will not be allowed to stay in the UK if they have no legal right to remain and explicitly warning them against making bogus asylum claims.

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  • Engaging policy review to smooth lumpy futures into transformative higher education

    Engaging policy review to smooth lumpy futures into transformative higher education

    Figure 1: Current and frontier contributions

    Author: SRHE News Blog

    An international learned society, concerned with supporting research and researchers into Higher Education

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  • What’s coming up for HE policy in 2025–26

    What’s coming up for HE policy in 2025–26

    It was early November 2024 when Secretary of State for Education Bridget Philipson issued her edict to heads of institution in England, confirming the government’s plans to increase the undergraduate fee threshold to £9,535 from 2025–26, and setting out her five priorities for higher education.

    Ten months on and there remains not a great deal of additional flesh on those bones. The planned summer white paper on post-16 education and skills, incorporating HE reform, has been pushed to the autumn. In the interim, while the Office for Students (OfS) has stepped up its work on financial sustainability, it’s clear that the government is not minded to ride to the rescue of the sector at system level, whatever it might decide to do about financially challenged institutions.

    The Spending Review was accompanied by the announcement of a further squeeze on the Strategic Priorities Grant. The immigration white paper proposed a six per cent levy on international fees. The prospect of an ongoing annual inflationary fee threshold uplift remains unconfirmed. And the rollout of the Lifelong Learning Entitlement, while potentially paradigm-shifting in the long term, offers mostly short-term pain and expense for rather limited gains.

    This area is getting greyer

    Though ministers probably wouldn’t articulate it like this, at stake is the status of higher education as a “public realm” sector. It’s not currently politically or economically advantageous for government to be seen to take seriously the sector’s financial concerns even where there are signs of systemic weakness in the funding model. That pragmatic (or cynical, if you prefer) position is bolstered by a regulatory framework that views higher education providers primarily through the lens of service provision to students rather than as public institutions providing a range of public goods in places.

    Yet for a government that is politically and economically concerned with the provision of public goods in places, nor is it especially politically palatable to lean into the notion of independent higher education providers doing whatever they can to ensure their own success and sustainability rather than acting with reference to wider common purposes.

    There’s often a strong degree of overlap between institutional interests and the public interest – arguably one critical dimension of higher education leadership is being able to locate and occupy that common ground. Two things can be true: institutions can, and do, pursue both their own self-interest and the common good, simultaneously. And discussion of abstract concepts like public and private obviously ignores the actions and motivations of individual institutions, many of whom go to quite a lot of trouble and expense to work with and for the interests of their stakeholders.

    But at system level what you think an “HE reform package” should include depends very much on how much you think the private interests of HE institutions diverge from the wider public interest, in what areas of activity, and the extent to which you think the government can or should do something about it. And I don’t think those questions have yet been resolved in the corridors of power, where arguably the locus of responsibility for “higher education” as an object of policy remains scattered.

    It is relatively easy to point to examples of where the HE market model has created areas of concern – particularly when it comes to loss of subject diversity in particular regions or localities, or a lack of a subject offer in an area of known skills gaps, or to the rising costs to students and parents of sustaining full-time study, or to the risks to academic quality arising from particular modes of delivery or from instability in institutional finances. It’s much harder to articulate a policy settlement that articulates appropriate, measured, inexpensive and effective government intervention at system level to realign institutional and public interest where there appears to be divergence.

    In particular, when it comes to questions of “transformation” – in the sense of individual institutions changing their academic portfolio, or use of technology; in the sense of institutions joining together to create efficiencies or realise additional value from scale or coordination; and in the sense of the future overall size and shape of the sector – the role of government remains opaque. It may be possible that “transformation” will happen in response to market demand and financial pressure and be funded from private sources. It may also be possible that “transformation” will only occur with some active convening (and financing) from government. Whatever the claims made about what ought to be happening, nobody really has a firm view on how much transformation is really required, what it should look like, or whose responsibility it is to make it happen.

    It’s possibly not all that surprising, then, that what has emerged from government on higher education in the last academic year has been rather “bitty” – to use the appropriate technical term. A consultation on franchised provision here, a revision to free speech legislation there, a slide deck on preparing for the LLE over here, a cheeky new levy over there. Don’t expect a grandiose new vision for HE to emerge this year; instead turn your mind to deciding whether the sum total of all the things that will be occupying minds in the year ahead add up to something that equals a material change of state for the sector.

    It’s all coming up

    When the post-16 education and skills plus HE reform paper does show up, it will almost certainly hit some familiar notes: regional economic growth; skills; opportunity. We know there’s an appetite in government to think about “coordination” of post-16 providers in places and an aspiration to deploy a more coordinated approach to streamline everything from the regional skills offer to employer engagement.

    Policy architecture available includes the Devolution Bill, Skills England, the planned Growth and Skills Levy replacing the Apprenticeships Levy, and the Lifelong Learning Entitlement – as well as OfS’ signals on a shift to a more regional approach to widening access. There is significant support in principle for the notion of coordination for the benefit of places, but a glaring absence of ideas of how independent providers might be not only brought to the table but arrive at a consensus about who should offer what kind of education opportunity to whom.

    Also potentially in the mix for an “HE reform” package, if Bridget Phillipson’s priorities haven’t shifted in the last ten months, are academic quality, civic engagement, and efficiency. The Department for Education has not yet said what its plans are with regard to tightening up oversight of franchised provision, following its consultation earlier this year, so that may well appear also. OfS is already planning to consult on its planned new integrated quality framework in the autumn, so assuming there is effective coordination between government and the regulator there should be alignment between what the government proposes and what OfS consults on.

    One wild card to look out for is institutional governance – OfS has signalled in the past year that it has concerns about the ability of boards of governors to effectively manage financial sustainability challenges, whether that is in securing academic quality under pressure or retaining effective oversight of new partnerships and income streams, and that concern has been reinforced in communications from DfE. While it would be surprising to see government take a view on the constitution of boards or on the codes of practice they are encouraged to adhere to, it would not be entirely unexpected to see a request for OfS to further extend or strengthen regulatory oversight in this area. Elsewhere on the site, incoming Advance HE chief executive Alistair Jarvis has signalled some key priorities for development in governance within weeks of taking up the role.

    A further wild card would be something on graduate employability – previously ministers have suggested that institutions whose graduates do less well in the labour market by the current measures should cut the pay of their heads of institution. While that’s a proposal that obviously plays well for media, it doesn’t amount to a serious policy. But with (probably wildly overstated) concerns doing the rounds about graduate jobs and AI, and (much more sensible) questions about the value of graduate skills in different parts of the country feeding directly into ideas about equity of opportunity, government may well feel this is an area it wants to make a target for policymaking.

    Doing more with less

    The future of research funding seems increasingly lashed to the mast of economic growth. It is the golden thread that runs through UKRI’s latest plans, the basis of the industrial strategy, and UKRI rates financial sustainability within the research system as high risk and high likelihood.

    2025–26 is going to be about who gets paid, on what basis, and how the impact of the resulting research activity will be measured. Everyone’s favourite forever debate, the future of REF, fits neatly within this financial triangle. 2025–26 should bring certainty, if not consensus, on the shape of the next REF, even if the overall sum up for grabs is a fraction of the overall R&D budget. Given the timescales involved in REF it is likely that there will be some kind of announcement in the next few weeks on its future.

    Place is going to continue to be the primary lens through which economic growth is discussed. The Local Innovation Partnership will launch this academic year with at least £30 million for each of ten regions across the UK, including one in each of the devolved nations. The success of the industrial strategy is entirely reliant on improving productivity across the country so expect to see new funds, tweaks to existing funds, debates on devolutions deals, and a raft of place based initiatives coming from the sector.

    Once UKRI’s new mission leads are in post, along with UKRI’s new chief executive who is now in his role, the sector should have a clearer sense of how their work will align with the government’s missions. It would be refreshing if the new personnel also usher in a new era of stability across the research ecosystem. The evolving work into research evaluation may prove a useful tool in this mission.

    Of course economic growth is limited by the financial reality universities find themselves in. There is lots of concern about full economic costing (FEC) but very little action on reducing the financial burden of research. There are clear signals of reduced capital spending and following UKRI’s outgoing chief executives statement on the possibility of research consolidation it looks like frugality will continue to be a reality for many.

    Away from home this version of Horizon Europe enters its penultimate year with the UK’s entrance to the new scheme the government’s preferred option. The ongoing trampling of academic norms in America will continue to shape UK-US partnerships while the future of UK-China research partnerships will once again be at the mercy of global politics.

    At a more institutional level an outcome on the publishers agreements negotiations between the sector and five of the major publishers looks to be coming to a head. The sector currently spends £112 million annually on Jisc negotiated agreements with the five largest publishers. A decision on whether to accept or reject the publishers proposals is due imminently. If the offer is rejected there will be significant pressure to find agreement or an alternative before the end of the current deals in 2026.

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  • Bringing C.H.A.O.S to Chaos: Syllabi with an AI Usage Policy – Faculty Focus

    Bringing C.H.A.O.S to Chaos: Syllabi with an AI Usage Policy – Faculty Focus

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  • Bringing C.H.A.O.S to Chaos: Syllabi with an AI Usage Policy – Faculty Focus

    Bringing C.H.A.O.S to Chaos: Syllabi with an AI Usage Policy – Faculty Focus

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  • Education Department uses Skrmetti case to bolster Title IX policy

    Education Department uses Skrmetti case to bolster Title IX policy

    Just a week after the U.S. Supreme Court ruled to restrict gender-affirming medical care for transgender minors in June, the U.S. Department of Education began citing that decision in findings related to transgender access to athletics. 

    Although the high court’s ruling in U.S. vs. Skrmetti did not directly involve education civil rights law, the Trump administration has relied on it to bolster its stance that Title IX can be used to exclude transgender students from teams aligning with their gender identities.

    The Supreme Court’s decision said a person’s identification as “transgender” is distinct from their “biological sex.” However, it did not touch on whether discrimination against transgender people amounts to sex-based discrimination.

    But the Education Department’s Office of Civil Rights is using the decision to inform Title IX cases that have excluded transgender students from protections against sex-based discrimination. The decision’s use in OCR policy is leading to double-takes from Title IX experts, although one said district leaders may not have to change anything for now since the Supreme Court has placed a transgender athletics case on its docket for the next term.

    The Trump administration has cited the Skrmetti case in at least two OCR cases related to transgender access to athletics. 

    In a June 25 press release, OCR cited the case in its finding that the California Department of Education and California Interscholastic Federation violated Title IX by discriminating against girls and women after the state allowed transgender students to play on girls’ sports teams.

    “On June 18, 2025, the Supreme Court upheld a Tennessee law banning certain medical care for minors related to treating ‘gender dysphoria, gender identity disorder, or gender incongruence,’” OCR said in its news release. “In so holding, the Supreme Court acknowledged that a person’s identification as ‘transgender’ is distinct from a person’s ‘biological sex.’” 

    The department also cited the case in its July 27 finding that five large Northern Virginia school districts, including Fairfax County Public Schools, discriminated on the basis of sex when they allowed transgender students to access facilities aligning with their gender identities.

    “There has been a little bit of a selective stretching,” said Kayleigh Baker, an advisory board member for the Association of Title IX Administrators. Baker and other ATIXA attorneys routinely work with school districts to train them on education civil rights laws. 

    “The four corners of the Supreme Court opinions have sort of been extrapolated and sort of merged together with this administration’s interpretation in a couple of arenas. And it seems like this is another one of those,” Baker said. 

    Jay Worona, partner at law firm Jaspan Schlesinger Narendran, said the Education Department did something similar with the Supreme Court’s 2023 SFFA v. Harvard decision banning race-conscious admissions. 

    Worona said in an email that the administration has used the case to argue that “K-12 school districts violate civil rights protections of students when they enact policies and engage in practices advancing DEI [diversity, equity and inclusion] despite the Supreme Court’s decision in that case only applying to higher education institutions.” 

    In February, the agency issued a Dear Colleague letter to prohibit the consideration of race in many more aspects of educational programming, including “financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.” 

    “Although SFFA addressed admissions decisions, the Supreme Court’s holding applies more broadly,” the Education Department said in its letter to districts. “At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law.” 

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