These Are the Programs President Obama Will Cut if Your School Doesn’t Obey

Several states are now pledging to take on the Obama administration directly over its mandate regarding transgendered students, which could mean the loss of federal funding to their schools.

So what does that really mean?

Last week, the U.S. Department of Education and Department of Justice issued a “joint guidance” letter that was addressed to each public school district in the country. That letter informed the schools that while Title IX—which is meant to prevent gender discrimination in public education settings—has been interpreted to also prevent discrimination based on gender identity.

In part, the letter reads:

As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations,” the letter states. “The Departments treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity …

The Departments interpret Title IX to require that when a student or the student’s parent or guardian, as appropriate, notifies the school administration that the student will assert a gender identity that differs from previous representations or records, the school will begin treating the student consistent with the student’s gender identity. Under Title IX, there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity. Because transgender students often are unable to obtain identification documents that reflect their gender identity (e.g., due to restrictions imposed by state or local law in their place of birth or residence), requiring students to produce such identification documents in order to treat them consistent with their gender identity may violate Title IX when doing so has the practical effect of limiting or denying students equal access to an educational program or activity.

A school’s Title IX obligation to ensure nondiscrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns. As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.

While loss of federal funding is the most extreme outcome, should states and local districts fight this issue “all the way,” it is the one outcome government officials are most likely to use to strong-arm compliance. But as of this writing, no one has actually identified what programs would be affected.

Education is still largely funded at the state and local level, regardless of where you live in the U.S. Combining the cost of all Pre-K through 12 education in the country—including the various forms of private schooling—federal taxpayers foot the bill for less than 10 percent.

But it’s a very important 10 percent.

There are a number of federal programs that provide financial support for local school districts. Not all of them apply to every district. But most of the federal funding for Pre-K through 12 education is confined to the following programs:

Title I—this is the program that provides funding to local school districts to improve the academic achievement of disadvantaged students, and it is by far the largest source of federal money for local schools. “Disadvantaged” students are those who come from:

• low-income families,
• foster homes,
• programs for neglected or delinquent children, or
• families receiving temporary assistance from their state governments.

Title I programs in each district must specifically serve students who are failing to meet academic standards or at risk of failing because they are disadvantaged. However, if more than 40 percent of the students are deemed to be disadvantaged, “schoolwide” programs are allowed.

IDEA Part B—Part B of the Individuals with Disabilities Education Act provides special education and related services to children with disabilities, including Free Appropriate Public Education. FAPE is special education and services designed to meet an individual child’s needs to prepare for further education, employment and independent living.

In general, IDEA Part B funds must be used only to pay the excess costs of providing FAPE to children with disabilities. These include the costs for:

• special education teachers and administrators;
• related services providers (speech therapists, psychologists, etc.);
• materials and supplies for use with children with disabilities;
• professional development for special education personnel;
• professional development for regular education teachers who teach children with disabilities; and
• specialized equipment or devices to assist children with disabilities.

These funds cannot be used for core instruction in the general education classroom, instructional materials for use with non-disabled children, or for professional development of general education teachers not related to meeting the needs of students with disabilities.

Improving Teaching Quality State Grants—This is a state-level program to increase:

• the number of highly qualified teachers in classrooms;
• the number of highly qualified principals and assistant principals in schools; and
• the effectiveness of teachers and principals with accountability for improvements in student academic achievement.

Some of the ways this is done is by recruiting and retaining highly qualified teachers and principals and reforming teacher and principal certification programs. States must base their programs on needs assessments that are “aligned with state academic content standards,” as well as student academic achievement standards and state assessments.

National School Lunch Program—Unlike the other programs, which are administered by the Department of Education, the federal school lunch program is administered by the Department of Agriculture. Established under the National School Lunch Act signed into law by President Harry S Truman in 1946, it ensures low-income students have access to low-cost or free lunches each school day.

Other Educational Programs—These include the 21st Century Community Learning Centers, which provide after-school programs for students in impoverished school districts, and educational programs for English-language learners (students for whom English is a second language). It could also apply to “impact aid,” which is provided to school districts that serve military installations.