Friday, September 11, 2020

New Dept. Ed rule: “Students should not be forced to choose between their faith and their education”

“Students should not be forced to choose between their faith and their education, and an institution controlled by a religious organization should not have to sacrifice its religious beliefs to participate in Department grants and programs.”  - Secretary Betsy DeVos.


Following up on the President's executive order safeguarding students’ First Amendment rights on college campuses and universities, Secretary of Education Betsy DeVos has announced a final rule to protect students of faith on public and private campuses nationwide.
As the White House explains, the rule contains four provisions to protect religious liberty and free speech:
  1. Allows the U.S. Department of Education to withhold federal funding from public colleges and universities if a state or federal court finds they violated the First Amendment.  Allows the U.S. Department of Education to withhold federal funding from private colleges and universities if a state or federal court finds they violated their own stated institutional policies on freedom of speech, including academic freedom.
  2. Requires public colleges and universities to provide religious student groups the same rights, benefits, and privileges that other student groups enjoy.  
  3. Provides a non-exhaustive list of factors for religious schools to demonstrate that they are exempt from Title IX to the extent Title IX conflicts with the tenets of their faith. 
  4. Clarifies religious schools cannot be denied federal funding due to their religious character with respect to grant programs under the Higher Education Act, such as the Developing Hispanic-Serving Institutions Program (DHSIP), the Strengthening Historically Black Colleges and Universities Program (SHBCU), the Strengthening Historically Black Graduate Institutions Program (SHBGI), and the Strengthening Institutions Program (SIP).  
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