Alabama sues Joe Biden administration over school, work LGBT protections
Attorneys general from 20 states sued President Joe Biden’s administration Monday seeking to halt directives that extend federal sex discrimination protections to LGBTQ people, ranging from transgender girls participating in school sports to the use of school and workplace bathrooms that align with a person’s gender identity. Tennessee Attorney General Herbert Slatery filed the lawsuit in U.S. District Court in Knoxville, arguing that legal interpretations by the U.S. Department of Education and the Equal Employment Opportunity Commission are based on a faulty view of U.S. Supreme Court case law. The Supreme Court ruled in June 2020 that a landmark civil rights law, under a provision called Title VII, protects gay, lesbian, and transgender people from discrimination in employment. This June, the Department of Education said discrimination based on a student’s sexual orientation or gender identity will be treated as a violation of Title IX, the 1972 federal law that protects against sex discrimination in education. A legal analysis by the department concluded there is “no persuasive or well-founded basis” to treat education differently than employment. Also, in June, the Equal Employment Opportunity Commission released guidance about what could constitute discrimination against LGBTQ people and advised the public about how to file a complaint. With its guidance, the Biden administration in part took a stand against laws and proposals in a growing number of states that aim to forbid transgender girls from participating in female sports teams. The state attorneys general contend that the authority over such policies “properly belongs to Congress, the States, and the people.” “The guidance purports to resolve highly controversial and localized issues such as whether employers and schools may maintain sex-separated showers and locker rooms, whether schools must allow biological males to compete on female athletic teams, and whether individuals may be compelled to use another person’s preferred pronouns,” the lawsuit states. “But the agencies have no authority to resolve those sensitive questions, let alone to do so by executive fiat without providing any opportunity for public participation.” Joining Tennessee in the lawsuit are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia. The lawsuit asks a judge for a number of declarations about Title IX in schools and Title VII in the workplace: that they don’t prohibit schools and employers from having showers, locker rooms, bathrooms, and other living facilities separated by “biological sex”; that they do not require employers, school employees or students to use a transgender person’s preferred pronouns; that they do not prohibit having school sports teams separated by “biological sex”; and that they do not prohibit workplace dress codes based on “biological sex.” The education policy carries the possibility of federal sanctions against schools and colleges that fail to protect gay and transgender students. The Department of Justice on Monday did not immediately respond to a request for comment on the lawsuit. The education directive reversed President Donald Trump-era policies that removed civil rights protections for transgender students. In 2017, the Trump administration lifted President Barack Obama-era guidance allowing transgender students to use bathrooms and locker rooms that match their gender identities. At the time, then-Education Secretary Betsy DeVos said the issue was “best solved at the state and local level,” and the earlier guidance led to a spike in lawsuits seeking clarification. The new action does not reinstate the Obama-era policy but instead clarifies that the Education Department’s Office for Civil Rights will investigate complaints of discrimination involving gay or transgender students. If the department finds evidence of discrimination based on sexual orientation or gender identity, it will pursue a resolution to “address the specific compliance concerns or violations.” The federal agencies noted that the workplace and education guidance documents do not carry the force of law. The state attorneys general argued they are at risk of the federal government enforcing the guidance, threatening their states’ sovereign authority, causing significant liability, and putting their federal education funding at risk. In June, the Department of Justice filed statements of interest in lawsuits that seek to overturn new laws in two states. In West Virginia, a law prohibits transgender athletes from competing in female sports. Arkansas became the first state to ban gender-confirming treatments or surgery for transgender youth. Republished with the permission of the Associated Press.
Joe Biden eyes Washington veterans for key administration posts
President-elect Joe Biden is looking to build out his nascent White House staff with more traditional Washington insiders, a notable departure from four years in which President Donald Trump filled his team with outsiders and government antagonists. Ron Klain is an early favorite to become Biden’s chief of staff, according to multiple people familiar with planning who spoke on condition of anonymity to speak freely about private discussions. He has decades of Washington experience that includes being Biden’s chief of staff when he was vice president, in addition to serving as the Ebola response coordinator in 2014 and having a central role in the Obama administration’s financial crisis response. Delaware Sen. Chris Coons, a longtime Biden ally and friend, is seen as a potential choice for secretary of state. Rep. Karen Bass of California, whom Biden considered for vice president, is seen as a potential housing and urban development secretary. Both served in Congress for the past decade. Biden is expected to move quickly to name a chief of staff, but other top Cabinet positions will likely take longer. The names under consideration represent Biden’s effort to move Washington past the tumult of President Donald Trump’s administration and fill out his government with more seasoned professionals. The task is taking on even greater urgency than in past transitions because Biden will take office in January amid a raging pandemic that will likely consume the early days of his presidency and require a full government response. Biden made clear on Monday that he would focus on the pandemic by forming a coronavirus advisory board. Former Surgeon General Vivek Murthy, who was named a co-chair of that panel, is seen as a contender for the top job at the Department of Health and Human Services. New Mexico Gov. Michelle Lujan Grisham, who ran her state’s health department, is also being eyed for the position. Even for roles where Biden has the opportunity to make history and appoint the first woman or African American Cabinet secretary, like at defense and treasury, Biden is said to be considering options with decades of experience in their chosen fields. Roger Ferguson, who served as vice-chair of the Federal Reserve under Bill Clinton and George W. Bush, is a potential treasury secretary, while Michele Flournoy, a former undersecretary of defense, is seen as a top pick to lead the Pentagon. Some Democrats are hopeful that the more traditional picks will help rebuild morale among the thousands of civil servants who felt thwarted at doing their jobs under Trump. “You’re not only talking about people who have an expertise in government functions, you’re talking about people who have a great deal of respect for government functions,” said Ed Espinoza, former western states political director for the Democratic National Committee. “That’s a key distinction between the Trump administration and a Biden administration.” It’s a striking shift from Trump, who built out his Cabinet with a raft of unorthodox picks, many of whom were openly skeptical of the federal government’s role in the jobs they were tasked with. Betsy DeVos, an advocate for steering federal money to private charter schools, led the Education Department. Scott Pruitt, the former Oklahoma attorney general who’s a skeptic of the science showing humans contribute to climate change, ran the Environmental Protection Agency. And Republican Rep. Mick Mulvaney of South Carolina, who initially served as White House budget director, supported shutting down the government to rein in federal spending and was critical of some of the proposals Trump aimed to invest in, like a massive infrastructure policy. Still, Biden faces a number of major unknowns as he prepares for the presidency. First, the scope of Biden’s first-term agenda will hinge on which party controls the Senate, which remains in question with two special Senate elections in Georgia scheduled for the first week in January. Democrats have acknowledged they will likely need to pare back some of Biden’s campaign trail promises even if they do hold the majority in a closely divided Senate, and a slim majority could also affect the kinds of nominees Biden can hope to get approved for top Cabinet slots. The most imminent unknown for Biden, however, remains to what extent Trump and his administration will work with the former vice president as his team begins its efforts to transition the government. The General Services Administration is tasked with formally recognizing Biden as president-elect, beginning the transition process. But the agency’s Trump-appointed administrator, Emily Murphy, has not started the process and has given no guidance on when she will do so. That lack of clarity is fueling questions about whether Trump, who has not publicly recognized Biden’s victory and has falsely claimed the election was stolen, will impede Democrats as they try to establish a government. There is little precedent in the modern era of a president erecting such hurdles for his successor. The stakes are especially high this year because of the coronavirus pandemic, which will require a comprehensive government response. “America’s national security and economic interests depend on the federal government signaling clearly and swiftly that the United States government will respect the will of the American people and engage in a smooth and peaceful transfer of power,” Jen Psaki, a Biden transition aide, tweeted Sunday. South Carolina Rep. Jim Clyburn, an ally of Biden’s on Capitol Hill, said that if Trump continues to drag his feet, then he hopes that “my conservative friends in Congress will have an intervention.” “This country is bigger than one person, and to allow the people of this country to suffer — we are near 245,000 deaths, and we’re still messing around and won’t get the relief that people need,” he said. Indeed, some Republicans on Capitol Hill called for a smooth transition Monday. Maine Sen. Susan Collins, a moderate Republican and occasional Trump antagonist, congratulated Biden on his victory and said in a statement that “presidential transitions are important” and that Biden and Vice President-elect Kamala Harris should “be given every opportunity
Mike Pence urges in-person school this fall
Education Secretary Bety Devos also announced $180 million in grants on Wednesday.
Donald Trump team eyes school funds boost in next virus aid bill
Trump and Education Secretary Betsy DeVos want schools up and running in fall.
Mail voting: Mike Pence, aides embrace practice panned by Donald Trump
More than three years after leaving the Indiana governor’s residence, Mike Pence still lists that as his official residence and votes absentee accordingly.
Powerful GOP allies propel Donald Trump effort to reopen economy
The push to revive the economy is being influenced and amplified by a potent alliance of big money business interests, religious freedom conservatives and small-government activists.
Donald Trump Has the Best Week of His Administration
Congressman Bradley Byrne discusses the fast moving events of last week in the Trump administration.
Bradley Byrne: 2019: A year in review
At this time last year, I predicted that the upcoming year with a Democrat majority in the House would be much different. While most activity in the House centered around efforts to impeach our President, I did not let that stop me from fighting for you and our state. One of our most significant victories this year for Alabama was reforming the Medicare wage index formula. For three decades, hospitals in rural states like Alabama have been underpaid in Medicare reimbursements. Upon taking office, I began fighting for a fix. With the election of President Donald Trump, I found that we had an administration willing to listen and work with us, and as a result, Alabama’s hospitals have begun receiving significantly higher Medicare reimbursements. In the past, these dollars were siphoned off towards high population areas like New York and Los Angeles at an unfair rate. I was also proud to lead the Trump Administration’s school choice bill in the House, the Education Freedom Scholarship and Opportunity Act. Education Secretary Betsy DeVos asked me and Senator Ted Cruz to be their champions in Congress for this Trump policy priority, and support continues growing for our bill. It was an honor to join President Trump several weeks ago in an education round-table at the White House and to advocate for providing options for students locked into failing schools. As a member of the Armed Services Committee, I’m proud of my record advocating for a strong national defense. This year Congress passed an important National Defense Authorization Act that enables us to rebuild our military readiness after years of stagnation in the Obama administration. The bill allows for continued counter drug enforcement at our border, accelerates programs to counter Chinese and Russian aggression, and authorizes important bipartisan nuclear modernization programs. It also gives our troops the largest pay raise in a decade, repeals the widow’s tax, and establishes the Space Force. Sadly, our Second Amendment rights are under assault like no time in our history. I was proud to lead 120 of my colleagues in filing a brief before the Supreme Court in support of protecting these fundamental American rights. The case, N.Y. State Rifle & Pistol Association Inc. v. City of New York, will determine if New York’s ban on transporting a handgun to a home or shooting range outside city limits is constitutional. Our Constitution is clear that the right to bear arms shall not be infringed, and I am glad to have had so much support from my colleagues in taking a stand against these radical efforts to take away our gun rights. Finally, just weeks ago, the House passed President Trump’s USMCA trade deal to replace NAFTA. Our state stands to benefit significantly, particularly our automobile manufacturing and agriculture sectors as well as steel, energy and high-tech. The USMCA is projected to create 176,000 new American jobs and raise our GDP by $68.2 billion. We will reap benefits from this deal for years to come. Of course, I continued holding constituent town halls throughout Southwest Alabama, and I have now held over 125 since taking office. Your input is important to me, and I appreciate everyone who has participated over the years. We have a great state full of amazing people, and I am glad to be among the leaders in Congress in the number of town halls held. Thank you for allowing me to represent you in Congress. I will continue fighting for you in 2020.
Bradley Byrne: Empowering Alabama with education opportunities
Education is an amazing tool. It can transform the lives of both the young and old. A quality education empowers the powerless and provides opportunities in otherwise bleak circumstances. It can provide a path out of poverty. I think of Abraham Lincoln, who famously walked miles to borrow books from neighboring towns and farms. Despite being poor, he used what little money he made from farm chores and labor to buy candles. He spent many long nights reading books by dim candlelight to achieve the life he wanted for himself. Lincoln used his hard-earned education from dogeared textbooks and candlelight to become a country lawyer, a member of the U.S. House of Representatives and President of the United States. Today he is remembered and revered as one of the greatest Americans of any generation. Of course, the absence of opportunity for a quality education can be devastating. Those without the means to be educated often have difficulty determining a pathway for a productive life. The temptation to fall into crime to escape can be strong, even overwhelming. I’ve seen these challenges firsthand in Alabama. As a former member of the Alabama Board of Education, I’ve discussed the downside of lack of quality education options with teachers and administrators, parents and students. These are not merely academic issues. They have a real, direct impact on lives. As chancellor of the Alabama Community College System, I saw what can happen when students get stuck in a system that does not prioritize the well-being of its students. Immediately upon taking over, I cracked down to remove corruption and install reform-minded leadership throughout our state. Many of those leaders are still in place, and our two-year and technical colleges are among the best in the nation. I’m proud to have played a role in ensuring the promise of a quality education to so many Alabamians who wanted the opportunity to gain a career and comfortably put food on their table through education. Offering that opportunity has been a passion throughout my career. That’s why I was delighted when earlier this year the Donald Trump Administration asked me to lead their school choice bill in the House. President Trump has prioritized empowering American students through education, and the opportunity to work with him and Education Secretary Betsy DeVos on such a critical issue was exciting. Working closely with Secretary DeVos and Senator Ted Cruz, who is carrying our legislation in the Senate, we developed the Education Freedom Scholarships and Opportunity Act. This bill creates a non-refundable federal tax credit for contributions from individuals and businesses to state-identified nonprofits called Scholarship Granting Organizations (SGOs), a program that has already been used successfully in Alabama. The Education Freedom Scholarship and Opportunity Act also provides for the granting of scholarships to expand students’ access to a variety of educational opportunities, from advanced or remedial courses to private and home schooling to career and technical education opportunities. The bottom line is this bill increases opportunities for families to make informed decisions that work for them and their individual needs. Importantly, our bill allows states to control their SGO programs, not the federal government. As someone who has spent a career in education, I can promise you that the more we allow education decisions to be made at the family and local level, the better off students will be. I’m thankful to President Trump for his trust in allowing me to shepherd his education legislative priority in the House, and I am hopeful that both parties can fully get behind this legislation to empower our students and their families to make the education decisions right for them. Working together, we can give students the educational opportunities they deserve. And they won’t even have to study by candlelight.
Bradley Byrne proposes federal tax credits to advance school choice
Alabama 1st District U.S. Rep. Bradley Byrne took the lead on Thursday, joining his Senate colleague U.S. Sen. Ted Cruz and Education Secretary Betsy DeVos at a press conference announcing legislation that supports the Trump administration renewed its push for school choice. At the press conference, Byrne announced the Education Freedom Scholarships and Opportunity Act , which would give students and parents in Alabama and around the country the freedom they deserve to make educational decisions that are right for them. The legislation does this by offering $5 billion a year in federal tax credits for donations to scholarships for private schools and other educational programs. “Every student in America should have the opportunity to receive a high quality education, and we can help accomplish that goal through a new federal tax credit,” said Byrne. “This model has succeeded at creating opportunity for students in Alabama, and I am hopeful through this legislation we can create similar opportunities for students around the country. Byrne, continued, “I applaud the leadership of President Trump and Secretary DeVos to expand choice and freedom in education, and I am committed to working with them and Senator Cruz to see this legislation across the finish line.” The bill was developed in consultation with DeVos and Cruz, and is the Trump Administration’s official school choice proposal. It responds to president’s State of the Union call for school choice and builds upon the Scholarship Granting Organization (SGO) model that has already been successful in Alabama. DeVos says the legislation puts “individual needs of students above all else.” “Every student in America deserves to learn in an engaging, meaningful and personalized way. No student should be denied that opportunity simply because of where they live or their family income,” Secretary DeVos explained. “Education Freedom Scholarships will make a historic investment in our students and their futures, finally putting the individual needs of students above all else. I want to thank Congressman Byrne for his commitment to education freedom and for his continued leadership in Congress on this important issue.” According to Byrne, the Education Freedom Scholarships and Opportunity Act will: Create an non-refundable federal tax credit for contributions from individuals and businesses to state-identified nonprofits called Scholarship Granting Organizations (SGOs). Provide for the granting of scholarships to expand students’ access to a variety of educational opportunities, from advanced or remedial courses to private and home schooling to CTE opportunities. Increase opportunity for families to make informed decisions that work for them and their individual needs. Allow states to control their SGO programs, not the federal government. The Education Freedom Scholarships and Opportunity Act is supported by a variety of stakeholders, including the United State Conference of Catholic Bishops Committee on Catholic Education, Agudath Israel of America, Union of Orthodox Jewish Congregations of America, American Association of Christian Schools, Association of Christian Schools International, American Federation for Children, ExcelinEd, Americans for Tax Reform, & EdChoice.
Betsy DeVos: No plans to take action on funding to arm teachers
Education Secretary Betsy DeVos says she has “no intention of taking any action” regarding any possible use of federal funds to arm teachers or provide them with firearms training. DeVos’ comments came Friday after a top official in her department, asked about arming teachers, said states and local jurisdictions always “had the flexibility” to decide how to use federal education funds. Frank Brogan, assistant secretary of elementary and secondary education, said arming educators “is a good example of a profoundly personal decision on the part of a school or a school district or even a state.” President Donald Trump and DeVos have said schools may benefit from having armed teachers and should have that option. DeVos said Friday that “Congress did not authorize me or the Department to make those decisions” about arming teachers or training them on the use of firearms. Her comments were in a letter to Virginia Rep. Bobby Scott, the top Democrat on the House committee overseeing education, and were posted by the department on Twitter. “I will not take any action that would expand or restrict the responsibilities and flexibilities granted to state and local education agencies by Congress,” DeVos wrote. Democrats and education groups have argued, however, that the funds are intended for academics, not guns. DeVos heads a federal commission on school safety that was formed after the deadly Valentine’s Day shooting at a Florida high school. An early draft of the commission’s report recommends that states and communities determine “based on the unique circumstances of each school” whether to arm its security personnel and teachers to be able to respond to violence. The draft’s section on training school personnel was reviewed by AP. That approach, the draft says, “can be particularly helpful” in rural districts where the nearest police unit may be far away. Other recommendations included employing school resource officers and ensuring they worked closely with the rest of the school staff. In an interview with The Associated Press Thursday, Brogan cited the “school marshal” program in Texas where school employees can volunteer to carry weapons on campuses after undergoing training. Educators from some remote rural schools also told the panel that they rely on armed school personnel because the police may take too long to arrive. Others, however, argued that arming teachers is dangerous and could make schools feel like prisons. Brogan said the Every Student Succeeds Act, a bipartisan law that shifts education authority to states, provides about $1 billion in annual funding for various school needs, including 20 percent specifically set aside for school safety. “The people at the local level who’ve been there for years could make the decisions about what services to purchase, what equipment to buy to fulfill the general broad obligations laid out in that law,” he said. It would be up to Congress, not the U.S. Department of Education, to place any restrictions or barriers to use those funds for purposes not currently in the law, a department spokeswoman said. The debate arose earlier this month after a small rural school district in Oklahoma and the state of Texas asked the department to clarify what the funds can be used for. “The position is: You have the language … the language was written specifically to and always interpreted to mean ‘this is your money,’” Brogan said. Democratic lawmakers and teachers blasted the idea, accusing the Trump administration of acting in the interests of the National Rifle Association, and several congressmen called for legislation that would prohibit the use of those funds for guns. Senator Patty Murray, the top Democrat on the Senate commission overseeing education, said on Twitter that she was “extremely disappointed that (DeVos) is moving forward with this awful plan to allow federal funds to be used to arm teachers.” “I hope she reconsiders and we need to keep pressure on her until she does,” Murray added. Brogan also clarified that the commission will tackle gun control as instructed by the White House. DeVos had told a Senate hearing in June that the panel will not look at guns “per se,” causing confusion. Brogan said the commission will consider age restrictions for gun purchases, as well as whether people with mental health problems who are likely to harm themselves and others can possess weapons. Brogan said the panel will produce a tool kit “that provides recognized best practices, not just the shiny new object on school safety, but what people are already doing that seems to be showing a track record of success that can be put out there in inventory fashion.” “You cannot do that with a uniform approach to this thing because the country is so very different, place to place, school to school, state to state,” Brogan said. “There is no one way to make schools safe.” Besides recommendations on arming and training school staff, the research and best practices identified by the panel will include suggestions on equipping schools with magnetometers and other safety tools, character development programs and the impact of video games and movies on violent behavior. The report will be issued in “very late fall or by the end of the year,” Brogan said. The commission was created by President Donald Trump in March after 17 people were killed in the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. The panel is chaired by DeVos and also consists of the heads of the departments of Justice, Health and Human Services and Homeland Security. Republished with the permission of the Associated Press.
Federal Education Department proposes allowing guns in schools
The Education Department says it is weighing whether to allow states to use federal funds to purchase guns for schools, prompting a storm of criticism from Democratic lawmakers and educators. If approved, the plan would likely generate a lot of controversy at a time when a string of especially deadly school shootings earlier this year led to the rise of a powerful student-led gun control movement. A senior Trump administration official told The Associated Press on Thursday that the agency is reviewing legislation governing federal academic enrichment grants to see if the money can be used to buy firearms. The official, who spoke on condition of anonymity because the person was not authorized to discuss the issue publicly, said the bipartisan Every Student Success Act, passed in 2015, does not expressly prohibit or allow the use of Student Support and Academic Enrichment Grants for the purchase of firearms. The official said the agency received several letters asking it to clarify what those funds could be used for and began researching the issue. Education Secretary Betsy DeVos, who chairs a federal commission on school safety, has previously said that schools should have the option to arm teachers. The commission, formed in the aftermath of the school shooting in Parkland, Florida, that killed 17 people, has been criticized for omitting the topic of gun control. The plan, first reported by The New York Times, prompted swift condemnation from Democratic lawmakers and many educators on Thursday, who accused the Trump administration of wanting to deprive students of much-needed mental health support and other resources in the interests of the National Rifle Association. House Minority Leader Nancy Pelosi, D-Calif., called the idea “one of the most egregious, short-sighted and dangerous executive branch abuses of our education system in modern history.” “Secretary DeVos continues to lead an anti-student and anti-teacher campaign on behalf of special interests and the NRA that rejects proven and effective initiatives to ensure a safe, welcoming school climate for children,” she said. Democratic Sen. Chris Murphy of Connecticut, which was the site of the Sandy Hook school shooting, swiftly introduced an amendment that would block the Education Department from using the funds to arm schools. “The Secretary of Education cares more about the firearms industry’s bottom line than the safety of our kids, and that should scare parents to death,” he said. Randi Weingarten, president of the American Federation of Teachers, accused DeVos of trying “to do the bidding of the National Rifle Association and gun manufacturers.” “Instead of after-school programs or counselors, programs that are critical for creating safe and welcoming schools and addressing the mental health needs of kids, DeVos wants to turn schools into armed fortresses and make kids and educators less safe,” Weingarten said in a statement. “She wants to turn the U.S. government into an arms dealer for schools. That’s insane,” she added. Martin West, professor of education at Harvard University, expressed skepticism. “It seems very hard to imagine that members of Congress drafting Title IV envisioned that the funds would be used to arm teachers,” West said. One of the requests for clarification came from Texas, where many school districts allow staff to carry weapons on campus. The Texas Education Agency said in a statement Thursday that it asked Washington for guidance in April after schools started asking whether they can use the grant money to cover the cost of guns. The problem took on even greater urgency in Texas after 10 people were killed in a school shooting outside Houston in May. Republished with the permission of the Associated Press.
