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U.S. students are starting to catch up in school — unless they're from a poor area

Mary Louise Kelly

Lauren Hodges

Justine Kenin

New reports show a big academic recovery after schools reopened. But not for all students. Stanford professor Sean Reardon tells NPR's Mary Louise Kelly how the pandemic worsened education inequality.

MARY LOUISE KELLY, HOST:

Some good news on the education front - after the pandemic upended school as we knew it, a new report shows students making significant recoveries in math and reading. The Educational Opportunity Project at Stanford University collaborated with Harvard in tracking the first full year of post-pandemic recovery between 2022 and 2023. Now, not everyone is catching up. Many of the students still struggling are from the poorest areas of the country. To talk more about what they found is Stanford Professor Sean Reardon, who worked on the report. Professor Reardon, welcome to ALL THINGS CONSIDERED.

SEAN REARDON: Thanks for having me.

KELLY: Tell us, just briefly, how did you conduct the research?

REARDON: Sure. What we did was we gathered state test data from 2019, 2022 and 2023 from 8,000 school districts in 30 states across the country. And we compared the average test scores of students in each of those districts, and then we measured how much students' scores had recovered by 2023.

KELLY: And the headlines include that in math, students have made up a third of what they lost. It's good but not quite so good in reading. There, kids have made up about a quarter of what they lost. I mean, are these results surprising?

REARDON: They are. I mean, a third or a quarter might not sound like a lot, but you have to realize the losses from 2019 to 2022 were historically large. Students fell by more than a half-grade level behind in math, for example, nationally. That's a giant decline by historical standards. And the third of a year of increase in math is also a very huge increase by historical standards. In a typical year, maybe 2- or 3% of school districts in the country would see that kind of a gain, so to see it on average across 8,000 school districts is quite remarkable.

KELLY: How are students doing it because the fear, as you know, was that schools are pillars for academic learning, obviously, but for all kinds of other things, for nutrition and socialization and the community? And there was fear that with them being closed so long, the damage might be irreversible.

REARDON: Well, we don't know exactly how they're doing it, and I think lots of schools are doing different things. But some of the research shows that one of the ways to help kids catch up most effectively is things like high-intensity tutoring, extra school time, summer learning programs, the sorts of things that make sure kids have extra instructional time. It's hard to catch up when you're half a year behind if you don't have extra time to learn the extra material.

KELLY: What did you find in less privileged areas where they are not catching up or not catching up as fast?

REARDON: Yeah, I mean, the bad news here is that the pandemic really exacerbated inequality between students in high-poverty and low-poverty districts and students of different racial and ethnic backgrounds. And the recovery has been strong, but it's been relatively equally strong across groups. So the inequality that was widened during the pandemic hasn't gotten smaller, and in some places it's actually gotten larger. And so my fear is that the educational legacy of the pandemic may be a permanent widening of educational inequality. And I think one of the things that might be useful is for states and school districts, superintendents, principals to kind of identify the districts and the schools and the students who are still furthest behind and really target the resources they have to try to provide extra opportunities for learning for kids in those communities. I think inequality isn't going to undo itself naturally. We've got to proactively seek to undo it. And I think with these data, we're in a position to kind of figure out where to target those resources most effectively.

KELLY: Well, and there's an urgency here, right? There are federal funds in place trying to help students catch up, but those funds expire in September, and they've been paying for things like summer school, like tutoring, like extra support.

REARDON: That's right. The federal government provided a historically large amount of money to school districts across the country during the pandemic, and that money has been used and may be part of why we're seeing such a large recovery. But that money has to be spent, or at least obligated to be spent, by September of this year. So not every district is going to have fully caught up by then, and so I think we're going to have to have states step in and carry the baton forward to help the school districts and students who are still behind to fully recover in the next few years.

KELLY: Stanford Professor Sean Reardon, thanks for talking with us.

REARDON: Thanks for having me.

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How technology is reinventing education

Stanford Graduate School of Education Dean Dan Schwartz and other education scholars weigh in on what's next for some of the technology trends taking center stage in the classroom.

Image credit: Claire Scully

New advances in technology are upending education, from the recent debut of new artificial intelligence (AI) chatbots like ChatGPT to the growing accessibility of virtual-reality tools that expand the boundaries of the classroom. For educators, at the heart of it all is the hope that every learner gets an equal chance to develop the skills they need to succeed. But that promise is not without its pitfalls.

“Technology is a game-changer for education – it offers the prospect of universal access to high-quality learning experiences, and it creates fundamentally new ways of teaching,” said Dan Schwartz, dean of Stanford Graduate School of Education (GSE), who is also a professor of educational technology at the GSE and faculty director of the Stanford Accelerator for Learning . “But there are a lot of ways we teach that aren’t great, and a big fear with AI in particular is that we just get more efficient at teaching badly. This is a moment to pay attention, to do things differently.”

For K-12 schools, this year also marks the end of the Elementary and Secondary School Emergency Relief (ESSER) funding program, which has provided pandemic recovery funds that many districts used to invest in educational software and systems. With these funds running out in September 2024, schools are trying to determine their best use of technology as they face the prospect of diminishing resources.

Here, Schwartz and other Stanford education scholars weigh in on some of the technology trends taking center stage in the classroom this year.

AI in the classroom

In 2023, the big story in technology and education was generative AI, following the introduction of ChatGPT and other chatbots that produce text seemingly written by a human in response to a question or prompt. Educators immediately worried that students would use the chatbot to cheat by trying to pass its writing off as their own. As schools move to adopt policies around students’ use of the tool, many are also beginning to explore potential opportunities – for example, to generate reading assignments or coach students during the writing process.

AI can also help automate tasks like grading and lesson planning, freeing teachers to do the human work that drew them into the profession in the first place, said Victor Lee, an associate professor at the GSE and faculty lead for the AI + Education initiative at the Stanford Accelerator for Learning. “I’m heartened to see some movement toward creating AI tools that make teachers’ lives better – not to replace them, but to give them the time to do the work that only teachers are able to do,” he said. “I hope to see more on that front.”

He also emphasized the need to teach students now to begin questioning and critiquing the development and use of AI. “AI is not going away,” said Lee, who is also director of CRAFT (Classroom-Ready Resources about AI for Teaching), which provides free resources to help teach AI literacy to high school students across subject areas. “We need to teach students how to understand and think critically about this technology.”

Immersive environments

The use of immersive technologies like augmented reality, virtual reality, and mixed reality is also expected to surge in the classroom, especially as new high-profile devices integrating these realities hit the marketplace in 2024.

The educational possibilities now go beyond putting on a headset and experiencing life in a distant location. With new technologies, students can create their own local interactive 360-degree scenarios, using just a cell phone or inexpensive camera and simple online tools.

“This is an area that’s really going to explode over the next couple of years,” said Kristen Pilner Blair, director of research for the Digital Learning initiative at the Stanford Accelerator for Learning, which runs a program exploring the use of virtual field trips to promote learning. “Students can learn about the effects of climate change, say, by virtually experiencing the impact on a particular environment. But they can also become creators, documenting and sharing immersive media that shows the effects where they live.”

Integrating AI into virtual simulations could also soon take the experience to another level, Schwartz said. “If your VR experience brings me to a redwood tree, you could have a window pop up that allows me to ask questions about the tree, and AI can deliver the answers.”

Gamification

Another trend expected to intensify this year is the gamification of learning activities, often featuring dynamic videos with interactive elements to engage and hold students’ attention.

“Gamification is a good motivator, because one key aspect is reward, which is very powerful,” said Schwartz. The downside? Rewards are specific to the activity at hand, which may not extend to learning more generally. “If I get rewarded for doing math in a space-age video game, it doesn’t mean I’m going to be motivated to do math anywhere else.”

Gamification sometimes tries to make “chocolate-covered broccoli,” Schwartz said, by adding art and rewards to make speeded response tasks involving single-answer, factual questions more fun. He hopes to see more creative play patterns that give students points for rethinking an approach or adapting their strategy, rather than only rewarding them for quickly producing a correct response.

Data-gathering and analysis

The growing use of technology in schools is producing massive amounts of data on students’ activities in the classroom and online. “We’re now able to capture moment-to-moment data, every keystroke a kid makes,” said Schwartz – data that can reveal areas of struggle and different learning opportunities, from solving a math problem to approaching a writing assignment.

But outside of research settings, he said, that type of granular data – now owned by tech companies – is more likely used to refine the design of the software than to provide teachers with actionable information.

The promise of personalized learning is being able to generate content aligned with students’ interests and skill levels, and making lessons more accessible for multilingual learners and students with disabilities. Realizing that promise requires that educators can make sense of the data that’s being collected, said Schwartz – and while advances in AI are making it easier to identify patterns and findings, the data also needs to be in a system and form educators can access and analyze for decision-making. Developing a usable infrastructure for that data, Schwartz said, is an important next step.

With the accumulation of student data comes privacy concerns: How is the data being collected? Are there regulations or guidelines around its use in decision-making? What steps are being taken to prevent unauthorized access? In 2023 K-12 schools experienced a rise in cyberattacks, underscoring the need to implement strong systems to safeguard student data.

Technology is “requiring people to check their assumptions about education,” said Schwartz, noting that AI in particular is very efficient at replicating biases and automating the way things have been done in the past, including poor models of instruction. “But it’s also opening up new possibilities for students producing material, and for being able to identify children who are not average so we can customize toward them. It’s an opportunity to think of entirely new ways of teaching – this is the path I hope to see.”

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Public education is facing a crisis of epic proportions

How politics and the pandemic put schools in the line of fire.

A previous version of this story incorrectly said that 39 percent of American children were on track in math. That is the percentage performing below grade level.

Test scores are down, and violence is up . Parents are screaming at school boards , and children are crying on the couches of social workers. Anger is rising. Patience is falling.

For public schools, the numbers are all going in the wrong direction. Enrollment is down. Absenteeism is up. There aren’t enough teachers, substitutes or bus drivers. Each phase of the pandemic brings new logistics to manage, and Republicans are planning political campaigns this year aimed squarely at failings of public schools.

Public education is facing a crisis unlike anything in decades, and it reaches into almost everything that educators do: from teaching math, to counseling anxious children, to managing the building.

Political battles are now a central feature of education, leaving school boards, educators and students in the crosshairs of culture warriors. Schools are on the defensive about their pandemic decision-making, their curriculums, their policies regarding race and racial equity and even the contents of their libraries. Republicans — who see education as a winning political issue — are pressing their case for more “parental control,” or the right to second-guess educators’ choices. Meanwhile, an energized school choice movement has capitalized on the pandemic to promote alternatives to traditional public schools.

“The temperature is way up to a boiling point,” said Nat Malkus, senior fellow at the American Enterprise Institute, a conservative-leaning think tank. “If it isn’t a crisis now, you never get to crisis.”

Experts reach for comparisons. The best they can find is the earthquake following Brown v. Board of Education , when the Supreme Court ordered districts to desegregate and White parents fled from their cities’ schools. That was decades ago.

Today, the cascading problems are felt acutely by the administrators, teachers and students who walk the hallways of public schools across the country. Many say they feel unprecedented levels of stress in their daily lives.

Remote learning, the toll of illness and death, and disruptions to a dependable routine have left students academically behind — particularly students of color and those from poor families. Behavior problems ranging from inability to focus in class all the way to deadly gun violence have gripped campuses. Many students and teachers say they are emotionally drained, and experts predict schools will be struggling with the fallout for years to come.

Teresa Rennie, an eighth-grade math and science teacher in Philadelphia, said in 11 years of teaching, she has never referred this many children to counseling.

“So many students are needy. They have deficits academically. They have deficits socially,” she said. Rennie said that she’s drained, too. “I get 45 minutes of a prep most days, and a lot of times during that time I’m helping a student with an assignment, or a child is crying and I need to comfort them and get them the help they need. Or there’s a problem between two students that I need to work with. There’s just not enough time.”

Many wonder: How deep is the damage?

Learning lost

At the start of the pandemic, experts predicted that students forced into remote school would pay an academic price. They were right.

“The learning losses have been significant thus far and frankly I’m worried that we haven’t stopped sinking,” said Dan Goldhaber, an education researcher at the American Institutes for Research.

Some of the best data come from the nationally administered assessment called i-Ready, which tests students three times a year in reading and math, allowing researchers to compare performance of millions of students against what would be expected absent the pandemic. It found significant declines, especially among the youngest students and particularly in math.

The low point was fall 2020, when all students were coming off a spring of chaotic, universal remote classes. By fall 2021 there were some improvements, but even then, academic performance remained below historic norms.

Take third grade, a pivotal year for learning and one that predicts success going forward. In fall 2021, 38 percent of third-graders were below grade level in reading, compared with 31 percent historically. In math, 39 percent of students were below grade level, vs. 29 percent historically.

Damage was most severe for students from the lowest-income families, who were already performing at lower levels.

A McKinsey & Co. study found schools with majority-Black populations were five months behind pre-pandemic levels, compared with majority-White schools, which were two months behind. Emma Dorn, a researcher at McKinsey, describes a “K-shaped” recovery, where kids from wealthier families are rebounding and those in low-income homes continue to decline.

“Some students are recovering and doing just fine. Other people are not,” she said. “I’m particularly worried there may be a whole cohort of students who are disengaged altogether from the education system.”

A hunt for teachers, and bus drivers

Schools, short-staffed on a good day, had little margin for error as the omicron variant of the coronavirus swept over the country this winter and sidelined many teachers. With a severe shortage of substitutes, teachers had to cover other classes during their planning periods, pushing prep work to the evenings. San Francisco schools were so strapped that the superintendent returned to the classroom on four days this school year to cover middle school math and science classes. Classes were sometimes left unmonitored or combined with others into large groups of unglorified study halls.

“The pandemic made an already dire reality even more devastating,” said Becky Pringle, president of the National Education Association, referring to the shortages.

In 2016, there were 1.06 people hired for every job listing. That figure has steadily dropped, reaching 0.59 hires for each opening last year, Bureau of Labor Statistics data show. In 2013, there were 557,320 substitute teachers, the BLS reported. In 2020, the number had fallen to 415,510. Virtually every district cites a need for more subs.

It’s led to burnout as teachers try to fill in the gaps.

“The overall feelings of teachers right now are ones of just being exhausted, beaten down and defeated, and just out of gas. Expectations have been piled on educators, even before the pandemic, but nothing is ever removed,” said Jennifer Schlicht, a high school teacher in Olathe, Kan., outside Kansas City.

Research shows the gaps in the number of available educators are most acute in areas including special education and educators who teach English language learners, as well as substitutes. And all school year, districts have been short on bus drivers , who have been doubling up routes, and forcing late school starts and sometimes cancellations for lack of transportation.

Many educators predict that fed-up teachers will probably quit, exacerbating the problem. And they say political attacks add to the burnout. Teachers are under scrutiny over lesson plans, and critics have gone after teachers unions, which for much of the pandemic demanded remote learning.

“It’s just created an environment that people don’t want to be part of anymore,” said Daniel A. Domenech, executive director of AASA, The School Superintendents Association. “People want to take care of kids, not to be accused and punished and criticized.”

Falling enrollment

Traditional public schools educate the vast majority of American children, but enrollment has fallen, a worrisome trend that could have lasting repercussions. Enrollment in traditional public schools fell to less than 49.4 million students in fall 2020 , a 2.7 percent drop from a year earlier .

National data for the current school year is not yet available. But if the trend continues, that will mean less money for public schools as federal and state funding are both contingent on the number of students enrolled. For now, schools have an infusion of federal rescue money that must be spent by 2024.

Some students have shifted to private or charter schools. A rising number , especially Black families , opted for home schooling. And many young children who should have been enrolling in kindergarten delayed school altogether. The question has been: will these students come back?

Some may not. Preliminary data for 19 states compiled by Nat Malkus, of the American Enterprise Institute, found seven states where enrollment dropped in fall 2020 and then dropped even further in 2021. His data show 12 states that saw declines in 2020 but some rebounding in 2021 — though not one of them was back to 2019 enrollment levels.

Joshua Goodman, associate professor of education and economics at Boston University, studied enrollment in Michigan schools and found high-income, White families moved to private schools to get in-person school. Far more common, though, were lower-income Black families shifting to home schooling or other remote options because they were uncomfortable with the health risks of in person.

“Schools were damned if they did, and damned if they didn’t,” Goodman said.

At the same time, charter schools, which are privately run but publicly funded, saw enrollment increase by 7 percent, or nearly 240,000 students, according to the National Alliance for Public Charter Schools. There’s also been a surge in home schooling. Private schools saw enrollment drop slightly in 2020-21 but then rebound this academic year, for a net growth of 1.7 percent over two years, according to the National Association of Independent Schools, which represents 1,600 U.S. schools.

Absenteeism on the rise

Even if students are enrolled, they won’t get much schooling if they don’t show up.

Last school year, the number of students who were chronically absent — meaning they have missed more than 10 percent of school days — nearly doubled from before the pandemic, according to data from a variety of states and districts studied by EveryDay Labs, a company that works with districts to improve attendance.

This school year, the numbers got even worse.

In Connecticut, for instance, the number of chronically absent students soared from 12 percent in 2019-20 to 20 percent the next year to 24 percent this year, said Emily Bailard, chief executive of the company. In Oakland, Calif., they went from 17.3 percent pre-pandemic to 19.8 percent last school year to 43 percent this year. In Pittsburgh, chronic absences stayed where they were last school year at about 25 percent, then shot up to 45 percent this year.

“We all expected that this year would look much better,” Bailard said. One explanation for the rise may be that schools did not keep careful track of remote attendance last year and the numbers understated the absences then, she said.

The numbers were the worst for the most vulnerable students. This school year in Connecticut, for instance, 24 percent of all students were chronically absent, but the figure topped 30 percent for English-learners, students with disabilities and those poor enough to qualify for free lunch. Among students experiencing homelessness, 56 percent were chronically absent.

Fights and guns

Schools are open for in-person learning almost everywhere, but students returned emotionally unsettled and unable to conform to normally accepted behavior. At its most benign, teachers are seeing kids who cannot focus in class, can’t stop looking at their phones, and can’t figure out how to interact with other students in all the normal ways. Many teachers say they seem younger than normal.

Amy Johnson, a veteran teacher in rural Randolph, Vt., said her fifth-graders had so much trouble being together that the school brought in a behavioral specialist to work with them three hours each week.

“My students are not acclimated to being in the same room together,” she said. “They don’t listen to each other. They cannot interact with each other in productive ways. When I’m teaching I might have three or five kids yelling at me all at the same time.”

That loss of interpersonal skills has also led to more fighting in hallways and after school. Teachers and principals say many incidents escalate from small disputes because students lack the habit of remaining calm. Many say the social isolation wrought during remote school left them with lower capacity to manage human conflict.

Just last week, a high-schooler in Los Angeles was accused of stabbing another student in a school hallway, police on the big island of Hawaii arrested seven students after an argument escalated into a fight, and a Baltimore County, Md., school resource officer was injured after intervening in a fight during the transition between classes.

There’s also been a steep rise in gun violence. In 2021, there were at least 42 acts of gun violence on K-12 campuses during regular hours, the most during any year since at least 1999, according to a Washington Post database . The most striking of 2021 incidents was the shooting in Oxford, Mich., that killed four. There have been already at least three shootings in 2022.

Back to school has brought guns, fighting and acting out

The Center for Homeland Defense and Security, which maintains its own database of K-12 school shootings using a different methodology, totaled nine active shooter incidents in schools in 2021, in addition to 240 other incidents of gunfire on school grounds. So far in 2022, it has recorded 12 incidents. The previous high, in 2019, was 119 total incidents.

David Riedman, lead researcher on the K-12 School Shooting Database, points to four shootings on Jan. 19 alone, including at Anacostia High School in D.C., where gunshots struck the front door of the school as a teen sprinted onto the campus, fleeing a gunman.

Seeing opportunity

Fueling the pressure on public schools is an ascendant school-choice movement that promotes taxpayer subsidies for students to attend private and religious schools, as well as publicly funded charter schools, which are privately run. Advocates of these programs have seen the public system’s woes as an excellent opportunity to push their priorities.

EdChoice, a group that promotes these programs, tallies seven states that created new school choice programs last year. Some are voucher-type programs where students take some of their tax dollars with them to private schools. Others offer tax credits for donating to nonprofit organizations, which give scholarships for school expenses. Another 15 states expanded existing programs, EdChoice says.

The troubles traditional schools have had managing the pandemic has been key to the lobbying, said Michael McShane, director of national research for EdChoice. “That is absolutely an argument that school choice advocates make, for sure.”

If those new programs wind up moving more students from public to private systems, that could further weaken traditional schools, even as they continue to educate the vast majority of students.

Kevin G. Welner, director of the National Education Policy Center at the University of Colorado, who opposes school choice programs, sees the surge of interest as the culmination of years of work to undermine public education. He is both impressed by the organization and horrified by the results.

“I wish that organizations supporting public education had the level of funding and coordination that I’ve seen in these groups dedicated to its privatization,” he said.

A final complication: Politics

Rarely has education been such a polarizing political topic.

Republicans, fresh off Glenn Youngkin’s victory in the Virginia governor’s race, have concluded that key to victory is a push for parental control and “parents rights.” That’s a nod to two separate topics.

First, they are capitalizing on parent frustrations over pandemic policies, including school closures and mandatory mask policies. The mask debate, which raged at the start of the school year, got new life this month after Youngkin ordered Virginia schools to allow students to attend without face coverings.

The notion of parental control also extends to race, and objections over how American history is taught. Many Republicans also object to school districts’ work aimed at racial equity in their systems, a basket of policies they have dubbed critical race theory. Critics have balked at changes in admissions to elite school in the name of racial diversity, as was done in Fairfax, Va. , and San Francisco ; discussion of White privilege in class ; and use of the New York Times’s “1619 Project,” which suggests slavery and racism are at the core of American history.

“Everything has been politicized,” said Domenech, of AASA. “You’re beside yourself saying, ‘How did we ever get to this point?’”

Part of the challenge going forward is that the pandemic is not over. Each time it seems to be easing, it returns with a variant vengeance, forcing schools to make politically and educationally sensitive decisions about the balance between safety and normalcy all over again.

At the same time, many of the problems facing public schools feed on one another. Students who are absent will probably fall behind in learning, and those who fall behind are likely to act out.

A similar backlash exists regarding race. For years, schools have been under pressure to address racism in their systems and to teach it in their curriculums, pressure that intensified after the murder of George Floyd in 2020. Many districts responded, and that opened them up to countervailing pressures from those who find schools overly focused on race.

Some high-profile boosters of public education are optimistic that schools can move past this moment. Education Secretary Miguel Cardona last week promised, “It will get better.” Randi Weingarten, president of the American Federation of Teachers, said, “If we can rebuild community-education relations, if we can rebuild trust, public education will not only survive but has a real chance to thrive.”

But the path back is steep, and if history is a guide, the wealthiest schools will come through reasonably well, while those serving low-income communities will struggle. Steve Matthews, superintendent of the 6,900-student Novi Community School District in Michigan, just northwest of Detroit, said his district will probably face a tougher road back than wealthier nearby districts that are, for instance, able to pay teachers more.

“Resource issues. Trust issues. De-professionalization of teaching is making it harder to recruit teachers,” he said. “A big part of me believes schools are in a long-term crisis.”

Valerie Strauss contributed to this report.

The pandemic’s impact on education

The latest: Updated coronavirus booster shots are now available for children as young as 5 . To date, more than 10.5 million children have lost one or both parents or caregivers during the coronavirus pandemic.

In the classroom: Amid a teacher shortage, states desperate to fill teaching jobs have relaxed job requirements as staffing crises rise in many schools . American students’ test scores have even plummeted to levels unseen for decades. One D.C. school is using COVID relief funds to target students on the verge of failure .

Higher education: College and university enrollment is nowhere near pandemic level, experts worry. ACT and SAT testing have rebounded modestly since the massive disruptions early in the coronavirus pandemic, and many colleges are also easing mask rules .

DMV news: Most of Prince George’s students are scoring below grade level on district tests. D.C. Public School’s new reading curriculum is designed to help improve literacy among the city’s youngest readers.

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Biden’s new Title IX rules protect LGBTQ+ students, but avoid addressing transgender athletes

FILE - Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Biden’s policy, however, is any mention of transgender athletes. (AP Photo/Patrick Orsagos, File)

FILE - House Education and the Workforce Committee Chair Rep. Virginia Foxx R-N.C., speaks on Capitol Hill in Washington, April 17, 2024. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Foxx said the new regulation threatens decades of advancement for women and girls. (AP Photo/Jose Luis Magana, File)

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The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday by the Biden administration.

The new provisions are part of a revised Title IX regulation issued by the Education Department, fulfilling a campaign pledge by President Joe Biden. He had promised to dismantle rules created by former Education Secretary Betsy DeVos , who added new protections for students accused of sexual misconduct.

Notably absent from Biden’s policy, however, is any mention of transgender athletes.

The administration originally planned to include a new policy forbidding schools from enacting outright bans on transgender athletes, but that provision was put on hold. The delay is widely seen as a political maneuver during an election year in which Republicans have rallied around bans on transgender athletes in girls’ sports.

Instead, Biden is officially undoing sexual assault rules put in place by his predecessor and current election-year opponent, former President Donald Trump. The final policy drew praise from victims’ advocates, while Republicans said it erodes the rights of accused students.

The new rule makes “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said.

“No one should face bullying or discrimination just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.”

Biden’s regulation is meant to clarify schools’ obligations under Title IX , the 1972 sex discrimination law originally passed to address women’s rights. It applies to colleges and elementary and high schools that receive federal money. The update is to take effect in August.

Among the biggest changes is new recognition that Title IX protects LGBTQ+ students — a source of deep conflict with Republicans.

The 1972 law doesn’t directly address the issue, but the new rules clarify that Title IX also forbids discrimination based on sexual orientation or gender identity. LGBTQ+ students who face discrimination will be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.

Many Republicans say Congress never intended such protections under Title IX. A federal judge previously blocked Biden administration guidance to the same effect after 20 Republican-led states challenged the policy .

Rep. Virginia Foxx, a Republican from North Carolina and chair of the House Education and the Workforce Committee, said the new regulation threatens decades of advancement for women and girls.

“This final rule dumps kerosene on the already raging fire that is Democrats’ contemptuous culture war that aims to radically redefine sex and gender,” Foxx said in a statement.

In the last few years, many Republican-controlled states have adopted laws restricting the rights of transgender children , including banning gender-affirming medical care for minors. And at least 11 states restrict which bathrooms and locker rooms transgender students can use, banning them from using facilities that align with their gender identity.

But the rule makes clear that treating transgender students differently from their classmates is discrimination, putting the state bathroom restrictions in jeopardy, said Francicso M. Negron Jr., an attorney who specializes in education law.

The revision was proposed nearly two years ago but has been slowed by a comment period that drew 240,000 responses, a record for the Education Department.

Many of the changes are meant to ensure that schools and colleges respond to complaints of sexual misconduct. In general, the rules widen the type of misconduct that institutions are required to address, and it grants more protections to students who bring accusations.

Chief among the changes is a wider definition of sexual harassment. Schools now must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education.

Under the DeVos rules, conduct had to be “severe, pervasive and objectively offensive,” a higher bar that pushed some types of misconduct outside the purview of Title IX.

Colleges will no longer be required to hold live hearings to allow students to cross-examine one another through representatives — a signature provision from the DeVos rules.

Live hearings are allowed under the Biden rules, but they’re optional and carry new limits. Students must be able to participate from hearings remotely, for example, and schools must bar questions that are “unclear or harassing.”

As an alternative to live hearings, college officials can interview students separately, allowing each student to suggest questions and get a recording of the responses.

Those hearings were a major point of contention with victims’ advocates, who said it forced sexual assault survivors to face their attackers and discouraged people from reporting assaults. Supporters said it gave accused students a fair process to question their accusers, arguing that universities had become too quick to rule against accused students.

Victims’ advocates applauded the changes and urged colleges to implement them quickly.

“After years of pressure from students and survivors of sexual violence, the Biden Administration’s Title IX update will make schools safer and more accessible for young people, many of whom experienced irreparable harm while they fought for protection and support,” said Emma Grasso Levine, a senior manager at the group Know Your IX.

Despite the focus on safeguards for victims, the new rules preserve certain protections for accused students.

All students must have equal access to present evidence and witnesses under the new policy, and all students must have equal access to evidence. All students will be allowed to bring an advisor to campus hearings, and colleges must have an appeals process.

In general, accused students won’t be able to be disciplined until after they’re found responsible for misconduct, although the regulation allows for “emergency” removals if it’s deemed a matter of campus safety.

The American Council on Education, which represents higher education institutions, praised the new guidelines. But the group criticized the Aug. 1 compliance deadline. The timeline “disregards the difficulties inherent in making these changes on our nation’s campuses in such a short period of time,” ACE said in a statement.

The latest overhaul continues a back-and-forth political battle as presidential administrations repeatedly rewrite the rules around campus sexual misconduct.

DeVos criticized the new rule, writing on social media site X that it amounts to “ an assault on women and girls .” She said the new procedures for handling sexual assault accusations mark a return to “days where sexual misconduct was sent to campus kangaroo courts, not resolved in a way that actually sought justice,” she wrote.

The DeVos rules were themselves an overhaul of an Obama-era policy that was intended to force colleges to take accusations of campus sexual assault more seriously. Now, after years of nearly constant changes, some colleges have been pushing for a political middle ground to end the whiplash. ___

Associated Press writers Geoff Mulvihill, Annie Ma and Moriah Balingit contributed to this report.

The Associated Press’ education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org .

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Biden Administration Releases Revised Title IX Rules

The new regulations extended legal protections to L.G.B.T.Q. students and rolled back several policies set under the Trump administration.

By Zach Montague and Erica L. Green

Reporting from Washington

The Biden administration issued new rules on Friday cementing protections for L.G.B.T.Q. students under federal law and reversing a number of Trump-era policies that dictated how schools should respond to cases of alleged sexual misconduct in K-12 schools and college campuses.

The new rules, which take effect on Aug. 1, effectively broadened the scope of Title IX, the 1972 law prohibiting sex discrimination in educational programs that receive federal funding. They extend the law’s reach to prohibit discrimination and harassment based on sexual orientation and gender identity, and widen the range of sexual harassment complaints that schools will be responsible for investigating.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Miguel A. Cardona, the education secretary, said in a call with reporters.

The rules deliver on a key campaign promise for Mr. Biden, who declared he would put a “quick end” to the Trump-era Title IX rules and faced mounting pressure from Democrats and civil rights leaders to do so.

The release of the updated rules, after two delays, came as Mr. Biden is in the thick of his re-election bid and is trying to galvanize key electoral constituencies.

Through the new regulations, the administration moved to include students in its interpretation of Bostock v. Clayton County, the landmark 2020 Supreme Court case in which the court ruled that the Civil Rights Act of 1964 protects gay and transgender workers from workplace discrimination. The Trump administration held that transgender students were not protected under federal laws, including after the Bostock ruling .

In a statement, Betsy DeVos, who served as Mr. Trump’s education secretary, criticized what she called a “radical rewrite” of the law, asserting that it was an “endeavor born entirely of progressive politics, not sound policy.”

Ms. DeVos said the inclusion of transgender students in the law gutted decades of protections and opportunities for women. She added that the Biden administration also “seeks to U-turn to the bad old days where sexual misconduct was sent to campus kangaroo courts, not resolved in a way that actually sought justice.”

While the regulations released on Friday contained considerably stronger protections for L.G.B.T.Q. students, the administration steered clear of the lightning-rod issue of whether transgender students should be able to play on school sports teams corresponding to their gender identity.

The administration stressed that while, writ large, exclusion based on gender identity violated Title IX, the new regulations did not extend to single-sex living facilities or sports teams. The Education Department is pursuing a second rule dealing with sex-related eligibility for male and female sports teams. The rule-making process has drawn more than 150,000 comments.

Under the revisions announced on Friday, instances where transgender students are subjected to a “hostile environment” through bullying or harassment, or face unequal treatment and exclusion in programs or facilities based on their gender identity, could trigger an investigation by the department’s Office for Civil Rights.

Instances where students are repeatedly referred to by a name or pronoun other than one they have chosen could also be considered harassment on a case-by-case basis.

“This is a bold and important statement that transgender and nonbinary students belong, in their schools and in their communities,” said Olivia Hunt, the policy director for the National Center for Transgender Equality.

The regulations appeared certain to draw to legal challenges from conservative groups.

May Mailman, the director of the Independent Women’s Law Center, said in a statement that the group planned to sue the administration. She said it was clear that the statute barring discrimination on the basis of “sex” means “binary and biological.”

“The unlawful omnibus regulation reimagines Title IX to permit the invasion of women’s spaces and the reduction of women’s rights in the name of elevating protections for ‘gender identity,’ which is contrary to the text and purpose of Title IX,” she said.

The existing rules, which took effect under Mr. Trump in 2020, were the first time that sexual assault provisions were codified under Title IX. They bolstered due process rights of accused students, relieved schools of some legal liabilities and laid out rigid parameters for how schools should conduct impartial investigations.

They were a sharp departure from the Obama administration’s interpretation of the law, which came in the form of unenforceable guidance documents directing schools to ramp up investigations into sexual assault complaints under the threat of losing federal funding. Scores of students who had been accused of sexual assault went on to win court cases against their colleges for violating their due process rights under the guidelines.

The Biden administration’s rules struck a balance between the Obama and Trump administration’s goals. Taken together, the regulation largely provides more flexibility for how schools conduct investigations, which advocates and schools have long lobbied for.

Catherine E. Lhamon, the head of the department’s Office for Civil Rights who also held the job under President Barack Obama, called the new rules the “most comprehensive coverage under Title IX since the regulations were first promulgated in 1975.”

They replaced a narrower definition of sex-based harassment adopted under the Trump administration with one that would include a wider range of conduct. And they reversed a requirement that schools investigate only incidents alleged to have occurred on their campuses or in their programs.

Still, some key provisions in the Trump-era rules were preserved, including one allowing informal resolutions and another prohibiting penalties against students until after an investigation.

Among the most anticipated changes was the undoing of a provision that required in-person, or so-called live hearings, in which students accused of sexual misconduct, or their lawyers, could confront and question accusers in a courtroom-like setting.

The new rules allow in-person hearings, but do not mandate them. They also require a process through which a decision maker could assess a party or witness’s credibility, including posing questions from the opposing party.

“The new regulations put an end to unfair and traumatic grievance procedures that favor harassers,” Kel O’Hara, a senior attorney at Equal Rights Advocates. “No longer will student survivors be subjected to processes that prioritize the interests of their perpetrators over their own well being and safety.”

The new rules also allow room for schools to use a “preponderance of evidence” standard, a lower burden of proof than the DeVos-era rules encouraged, through which administrators need only to determine whether it was more likely than not that sexual misconduct had occurred.

The renewed push for that standard drew criticism from legal groups who said the rule stripped away hard-won protections against flawed findings.

“When you are dealing with accusations of really one of the most heinous crimes that a person can commit — sexual assault — it’s not enough to say, ‘50 percent and a feather,’ before you brand someone guilty of this repulsive crime,” said Will Creeley, the legal director of the Foundation for Individual Rights and Expression.

The changes concluded a three-year process in which the department received 240,000 public comments. The rules also strengthen protections for pregnant students, requiring accommodations such as a bigger desk or ensuring access to elevators and prohibiting exclusion from activities based on additional needs.

Title IX was designed to end discrimination based on sex in educational programs or activities at all institutions receiving federal financial assistance, beginning with sports programs and other spaces previously dominated by male students.

The effects of the original law have been pronounced. Far beyond the impact on school programs like sports teams, many educators credit Title IX with setting the stage for academic parity today. Female college students routinely outnumber male students on campus and have become more likely than men of the same age to graduate with a four-year degree.

But since its inception, Title IX has also become a powerful vehicle through which past administrations have sought to steer schools to respond to the dynamic and diverse nature of schools and universities.

While civil rights groups were disappointed that some ambiguity remains for the L.G.B.T.Q. students and their families, the new rules were widely praised for taking a stand at a time when education debates are reminiscent to the backlash after the Supreme Court ordered schools to integrate.

More than 20 states have passed laws that broadly prohibit anyone assigned male at birth from playing on girls’ and women’s sports teams or participating in scholastic athletic programs, while 10 states have laws barring transgender people from using bathrooms based on their gender identity.

“Some adults are showing up and saying, ‘I’m going to make school harder for children,” said Liz King, senior program director of the education equity program at the Leadership Conference on Civil and Human Rights. “It’s an incredibly important rule, at an incredibly important moment.”

Schools will have to cram over the summer to implement the rules, which will require a retraining staff and overhauling procedures they implemented only four years ago.

Ted Mitchell, the president of the American Council on Education, which represents more than 1,700 colleges and universities, said in a statement that while the group welcomed the changes in the new rule, the timeline “disregards the difficulties inherent in making these changes on our nation’s campuses in such a short period of time.”

“After years of constant churn in Title IX guidance and regulations,” Mr. Mitchell said, “we hope for the sake of students and institutions that there will be more stability and consistency in the requirements going forward.”

Zach Montague is based in Washington. He covers breaking news and developments around the district. More about Zach Montague

Erica L. Green is a White House correspondent, covering President Biden and his administration. More about Erica L. Green