On Religious Freedom Day (January 16), President Trump announced nine proposed rules to protect religious organizations from unfair and unequal treatment by the federal government. The Office of Management and Budget (OMB) also released a memorandum requiring federal agencies to ensure that the grant-making practices of state recipients of federal funding comply with the First Amendment. And, as directed by Congress, the Department released updated guidance regarding constitutionally protected prayer in schools (see President's remarks, video, and fact sheet).

"In a sacred principle of our Republic that government must never stand between the people and God," the President explained. "Yet, in public schools around the country, authorities are stopping students and teachers from praying, sharing their faith, or following their religious beliefs…. And we are doing something to stop that."

The Department-specific rule addresses five general areas of importance to religious organizations, faith-based institutions, and students (see press release, Secretary's Twitter threads 1 and 2, and her USA Today op-ed):

• First, the rule seeks to implement the President's Executive Order 13831, ensuring that religious and non-religious organizations are treated equally by the federal government and organizations are not discriminated against simply because they are religious in nature, by removing unequal, burdensome regulatory requirements.
• Second, the rule requires that, as a material condition of a direct grant or subgrant from a state-administered formula grant program, a public institution of higher education not deny to a faith-based student organization any of the rights, benefits, or privileges otherwise afford to non-faith-based student organizations.
• Third, the rule amends regulations governing federal strengthening institutions development grants to allow activities or services if they merely relate to "sectarian instruction" or "religious worship," by revising the definition of a "school or department of divinity" in a manner that is more consistent with the First Amendment and other federal laws.
• Fourth, the rule seeks to clarify how an educational institution may demonstrate that it is controlled by a religious organization for purposes of Title IX.
• Fifth, to implement the President's Executive Order 13864, the rule requires that, as a condition of a direct grant or subgrant from a state-administered formula grant program, public institutions must comply with the First Amendment and private institutions must comply with their stated policies regarding freedom of speech, including academic freedom.

"Our actions today will protect the constitutional rights of students, teachers, and faith-based institutions," Secretary DeVos emphasized. "The Department's efforts will level the playing field between religious and non-religious organizations competing for federal grants, as well as protect First Amendment freedoms on campus and the religious liberty of faith-based institutions. I proudly share President Trump's commitment to religious freedom and the First Amendment."

Meanwhile, for the first time since 2003, the Department released guidance on constitutionally protected prayer in public elementary and secondary schools. The agency is required under the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), to revise this guidance every two years. The guidance explains the ESEA's requirement that states report to the Department which school districts have not certified that they do not have any policy that prevents, or otherwise denies participation in, constitutionally protected prayer. The ESEA also requires states to provide a clear process for individuals -- including students and employees -- to report violations of their right to pray and report to the Department complaints against a district that allegedly denies an individual the right to pray. States must fulfill these reporting requirements by November 1 of each year.

In a tweet, Secretary DeVos encouraged followers to read a January 9 Washington Examiner op-ed by Virginia Walden Ford, titled "Empower parents with school choice." "Parents of all incomes, races, and creeds have it within themselves to choose good schools for their sons and daughters," she states. "All of them should have the chance to do so…." Moreover, the Secretary welcomed Walden Ford, who is the subject of the feature film "Miss Virginia," to the Department for a discussion on education freedom, followed by a film screening. They were joined by Tiffany Dunston, a D.C. Opportunity Scholarship recipient, who was the first in her family to go to college and is now a post-doctoral fellow at Johns Hopkins University.

Separately, the Secretary appeared on "Fox & Friends" to promote education freedom to help combat the homeless crisis in schools.

The Secretary also discussed education freedom at the RightNOW Women's 2020 Leadership Summit.

On January 21, Secretary DeVos announced that the Department's Office for Civil Rights (OCR) will launch the Outreach, Prevention, Education, and Non-Discrimination (OPEN) Center to focus on proactive compliance with federal civil rights laws. The OPEN Center will provide assistance and support to schools, educators, families, and students to elevate awareness of the protections and requirements of federal non-discrimination laws.

While OCR typically enforces federal civil rights laws through the traditional complaint resolution process, it will, through the provision of targeted support to recipient institutions and the public, be able to work directly with schools — prior to the filing of complaints — to make sure they are aware of their obligations under the law. And, by investing resources in education and technical assistance, OCR will offer not only much-needed assistance to recipients but also better support for stakeholders.

The OPEN Center will be led and staffed by OCR attorneys. Inquiries may be sent to OPEN@ed.gov.

Three new reports from the Department's National Center for Education Statistics (NCES) present data on high school dropout and completion rates, postsecondary course-taking and financial aid awards, and the price of college attendance. "Trends in High School Dropout and Completion Rates in the U.S.: 2019" presents statistics on high school dropout and completion rates at the national and state level. Notably, the public high school graduation rateis up, and the status dropout rate is down (blog post). "A First Look at the Postsecondary Transcripts and Student Financial Aid Records of Fall 2009 Ninth-Graders" examines course-taking experiences and financial aid awards of students who enrolled in college after high school. "What is the Price of College?" focuses on four price measures, including total price of attendance (tuition and living expenses), net price of attendance after grants, out-of-pocket net price after financial aid, and out-of-pocket net price after all aid excluding student loans.

The Internal Revenue Service (IRS) issued guidance last week expanding tax relief for student loan borrowers who have had loans discharged on the grounds that their college defrauds them or suddenly shuts down. Usually, a discharge of indebtedness is a taxable event. However, under this new guidance, students will not recognize income as a result of the discharge. This means that the taxpayer will not report the amount of the discharged loan on his or her federal income tax return. The policy applies retroactively for any loans discharged on or after January 1, 2016.

• Members of the public have an opportunity to vote for the name of the National Aeronautics and Space Administration's (NASA) next Mars rover. The nine candidate names were made possible by the "Name the Rover" essay contest, which invited K-12 students to come up with a fitting name for the Mars 2020 rover and write a short essay about it. More than 28,000 essays were submitted, and a panel of nearly 4,700 judge volunteers narrowed the pool. (Note: The vote remains open through January 27 at 12 midnight Eastern Time.)
• Don't miss some additional content from this year's ED Games Expo: video, photos, and Office of Special Education and Rehabilitative Services (OSERS) blog post on accessible learning offerings.
• Also, Secretary DeVos shared some fun photos (see 1 and 2) from the opening of the National PTA's annual Reflections Student Arts Showcase, titled "Heroes Around Me."
• The Department published the list of candidates for the 2020 U.S. Presidential Scholars Program, which honors some of the nation's most distinguished graduating high school seniors.
• Four top educators, from Kansas, Louisiana, Montana, and Ohio, were selected as finalists for 2019 National Teacher of the Year.
• A number of the Department's senior officers have been on the road the past few weeks, visiting schools in recognition of National School Choice Week and National Catholic Schools Week and learning about effective education programs supported by federal grant funding: Deputy Secretary Mitchell Zais in Colorado and Wyoming; Assistant Secretary for Elementary and Secondary Education Frank Brogan inLouisiana (including a National Blue Ribbon School in Lafayette and STEM schools in Baton Rouge) and Oklahoma (including 1 and 2); Principal Deputy Assistant Secretary for Elementary and Secondary Education Aimee Viana in Pennsylvania; and Assistant Secretary for Career, Technical, and Adult Education Scott Stump in Colorado (see Twitter feed) and Florida.
• The Small Business Innovation Research (SBIR) Program awards funding to firms and their partners for the research, development, and evaluation of commercially viable educational technology products. Funding of up to $1.1 million is in two phases: $200,000 for rapid prototype development and evaluation for Phase I, and $900,000 for full-scale product development and evaluation under Phase II. Phase I applications are due March 3.
• Agriculture Secretary Sonny Perdue announced two proposals to give local school and summer food service greater flexibility to serve meals that appeal to their students' preferences and subsequently reduce food waste.

"There's a reason why the First Amendment comes first. Our country was founded upon the 'first freedoms' that it protects. The freedom to express ourselves — through speech, through the press, through assembly, through petition, and through faith — defines what it means to be American. No American forfeits these freedoms — including the right to pray — to anyone or in any place, especially in public schools. The notion of 'separation of church and state' is not an invitation for government to separate people from their faith…. Students may, for instance, read the Bible during homeroom. They may give thanks to God before lunch or a snack. They can pray a decade or two of the rosary at recess. They can be excused from class to fulfill prayer obligations — such as during Ramadan. Students may organize faith-based clubs as they see fit. Students may invite a local rabbi to preach at an assembly. Teachers can pray in the lounge during break. And students most certainly may express their faith in homework or other assignments free from discrimination based on religion."

This year marks the 20th anniversary of the Trafficking Victims Protection Act. In recognition of this milestone, the Department is conducting a special webinar — the first in a series to be conducted in 2020 — on January 30, from 3 to 4:15 p.m. ET, to discuss the response of schools to child trafficking. The event is designed to provide school-level administrators, teachers, and instructional staff with information on how they can effectively identify and support students impacted by trafficking activity.

Digital Learning Day (February 27) is just over a month away. The goal is to highlight more examples of how great teaching paired with technology can improve student outcomes.

A reminder to states: Workforce Innovation and Opportunity Act (WIOA) state plans are due by March 2, and Strengthening Career and Technical Education for the 21st Century Act (Perkins V) state plans are due by April 15.

The Library of Congress is accepting applications for week-long summer programs for K-12 educators through March 23. Held at the Library, the professional development provides educators with tools and resources to effectively integrate primary sources into classroom teaching.

President Trump will deliver his third State of the Union address on February 4.

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