Berkeley High School Students Challenge Trump-Era Education Department Regulations

Strategic Insights -

Berkeley High School students, particularly those involved with the Women's Student Union (WSU), have filed a lawsuit against the Trump-era Department of Education regulations related to Title IX, which they claim have put students nationwide in greater danger. The lawsuit, represented by Public Justice, the National Center for Youth Law, and Correia & Puth, focuses on the impact of the 2020 regulations on K-12 students and challenges provisions that limit the types of misconduct considered under Title IX, exclude harassment that occurs off school grounds, and remove the obligation to redress sexual harassment.

Key Takeaways:

  • The lawsuit targets the 2020 regulations adopted by the Department of Education under former Secretary Betsy DeVos, which some consider a radical departure from previous administrations' approaches to Title IX.
  • The challenged regulations limit what types of misconduct are considered sexual harassment, exclude off-campus harassment, and remove school districts' obligation to redress harassment until school employees have "actual knowledge."
  • The lawsuit argues that these provisions are inconsistent with Title IX, unreasonable, and were adopted without considering the costs of sexual harassment to students nationwide.
  • The Washington Post reports that President Biden has ordered a review of the 2020 regulations.
  • WSU seeks to address barriers to success and wellbeing for young women and non-binary students by advocating for school policies that protect them from sex discrimination, including sexual harassment.
  • The lawsuit aims for an immediate court order to set aside the DeVos rules, which would better protect students nationwide.

Statistics:

  • The lawsuit targets regulations that were adopted in 2020.
  • The Washington Post reports that the review ordered by President Biden may require a second complex rulemaking process to undo the DeVos regulations.
  • The lawsuit seeks to address the unique impact of the DeVos regulations on K-12 students.

Sources:

  • The National Center for Youth Law news release on March 8, 2021
  • https://www.publicjustice.net/wp-content/uploads/2021/03/WSU-v.-USED-2021.03.08-Doc.-1-Complaint-for-Injunctive-and-Declaratory-Relief-Admi.._.pdf
  • The Washington Post reporting on President Biden's review of the 2020 regulations