Opinion
Federal Opinion

Betsy DeVos Is Undermining Students’ Rights Under the Guise of Deregulation

By David C. Bloomfield & Alan A. Aja — December 04, 2017 3 min read
  • Save to favorites
  • Print

Since taking office last February, the U.S. Secretary of Education Betsy DeVos has eliminated dozens of education directives to school officials. Now the Education Department is reconsidering a rule intended to hold states to a higher standard when determining if districts have overenrolled minority students in special education. It has also signaled an intention to pull back on considering “systemic” causes of discrimination during civil rights investigations at schools.

The unprecedented cleansing and revisions of Department of Education guidance to states, school districts, and private schools is passed off largely as a response to President Donald Trump’s simplistic Jan. 30 executive order that agencies remove two regulatory documents for every one issued. Even if, as has been reported, large swaths of the documents the department has eliminated so far have been out-of-date or superfluous, other guidance revisions have grave implications for marginalized students. The department’s headline-making withdrawal of Obama-era policy guidance permitting transgender students to use bathrooms and locker rooms that match their gender identities is just one such example.

U.S. Secretary of Education Betsy DeVos at a speaking event in October.

This is not a small thing. Close scrutiny is required to assure that, cloaked amid the “housecleaning” now and in the future, no excised documents delete formerly protected educational rights; and that updated guidance, even if it varies in detail, maintains both educational quality and equality.

Guidance is a necessary executive statement that tells state, local, and private school officials what specific actions will or won’t be countenanced by the Education Department, usually through the provision of federal funding. Though reliant on underlying regulations for enforcement and usually invisible to the general public, guidance is what makes the wheels of government turn. By addressing new or unresolved issues, guidance gives teachers, principals, paraprofessionals, and other support personnel legal protection to employ the most up-to-date policies and practices when working with students. Similarly, spurious pedagogical techniques are discouraged.

Guidance is a necessary executive statement that tells state, local, and private school officials what specific actions will or won’t be countenanced by the Education Department."

As the Department of Education now weighs changes to school discipline guidance favored by civil rights groups and scrutinizes a rule intended to address widespread disparities for minority students in special education, a strong cautionary note must be sounded.

There might be something healthy when old guidance is tweaked or replaced with new policies based on new disability-centered or civil rights research findings and best practices. But simply rescinding guidance leaves educators without necessary instructions about how to comply with federal law. Without it, they are flying blind, trying to apply inevitably vague regulatory language to assure compliance. Guidance fills in this gap with specific instruction in how to best meet regulatory requirements in specific factual circumstances.

Public education advocates are right to be concerned that cleaning house will become a pretext for promoting “school choice” models that heighten segregation and make public schools vulnerable to privatization.

Secretary DeVos’ actions are consistent with the Trump administration’s deregulatory playbook. The justified worry over DeVos’ recent actions on far-reaching guidance is that she plans to cut back on special education and civil rights enforcement. Her department has already rescinded guidance on protections for transgender students and standards of proof for campus sexual assault, and halted protections against student loan scams by for-profit colleges.

Further enforcement rollbacks could leave thousands, maybe hundreds of thousands, of marginalized students without needed educational services. Though the ax would fall disproportionately on communities of color, President Trump’s overwhelmingly white electoral base would also feel the effects. Less enforcement means kids and their families will be at risk of shoddier services. Even when enforcement does take place, lack of necessary guidance means arbitrary outcomes, with education department staff picking arbitrarily on one district or another, selectively prosecuting those who find themselves in the government’s cross hairs.

It’s not alarmist to say that the department’s zeal for “focusing on people, not paperwork” is troubling. It’s troubling for children and their parents; troubling for teachers, principals, and district administrators; troubling for others directly affected. And troubling for the nation which depends on inclusive policies toward disability and other affected communities for our collective health and prosperity.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
Mathematics Webinar How to Build Students’ Confidence in Math
Learn practical tips to build confident mathematicians in our webinar.
Student Achievement K-12 Essentials Forum How to Build and Scale Effective K-12 State & District Tutoring Programs
Join this free virtual summit to learn from education leaders, policymakers, and industry experts on the topic of high-impact tutoring.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Viral AI Gaffe and Ed. Dept. Cuts: How Educators View Linda McMahon So Far
Here's what educators think about the education secretary's performance so far.
6 min read
Secretary of Education Linda McMahon speaks at the ASU+GSV Summit at the Grand Hyatt in downtown San Diego on April 8, 2025.
Secretary of Education Linda McMahon speaks at the ASU+GSV Summit at the Grand Hyatt in downtown San Diego on April 8, 2025.
Ariana Drehsler for Education Week
Federal Inside Trump's Full-Force Approach to Ban Trans Athletes and DEI in Schools
Trump’s return to the White House has brought a new era of aggressive investigations of entities that flout the president's orders.
8 min read
Education Secretary Linda McMahon accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025.
Education Secretary Linda McMahon, accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025. The pair were announcing a lawsuit against the state of Maine over state policies that allow transgender athletes to compete in girls' sports.
Jose Luis Magana/AP
Federal Letter to the Editor Public Education Benefits the American Worker and the American Economy
Our nation’s schools are central to our nation’s health and future, says this letter to the editor.
1 min read
Education Week opinion letters submissions
Gwen Keraval for Education Week
Federal Opinion Federal Education Research Has Been 'Shredded.' What's Driving This?
How to understand why the Trump administration's axe fell so heavily on the Institute of Education Sciences.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week