“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:
- 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.
- Requires public colleges and universities to provide religious student groups the same rights, benefits, and privileges that other student groups enjoy.
- 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.
- 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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