There is currently no definitive law safeguarding LGBTQ students from discrimination, and Education Secretary Betsy DeVos has refrained from taking a firm stance on the issue. During a recent Senate Appropriations Subcommittee hearing, DeVos stated that the Department of Education would not provide funds to private schools that violate federal anti-discrimination laws. However, due to the absence of clear regulations protecting LGBTQ students, her response to inquiries about funding discriminatory schools was less than reassuring.
DeVos’ proposed budget aims to cut billions from public school funding, directing those resources toward school choice programs that would enable students to attend private and religious institutions. At the hearing, she asserted that the Department would not issue any guidance on discrimination beyond what is stipulated in federal law, meaning that schools that deny admission based on gender identity, sexual orientation, or even religion could still receive federal support under her plan.
“When the law is unclear, this department will not be making decrees. That’s something for Congress and the courts to resolve,” DeVos remarked when pressed by Senator Jeff Morgan (D-CA). Morgan responded by highlighting that the lack of clarity would allow such discrimination to persist under her program. DeVos simply reiterated, “Schools receiving federal funds must comply with federal law, period.”
This is not the first time DeVos has expressed reluctance to address this issue. In a previous session with the House Appropriations Committee, Representative Laura Simmons (D-NY) specifically questioned the consequences for schools that refuse admission to LGBTQ students. DeVos suggested that this matter should be determined by individual states rather than her department. “We believe parents are best suited to make choices regarding their children’s education,” she stated. “States and local communities are more equipped to handle these frameworks.”
This reasoning is troubling; allowing states to individually decide whether publicly funded schools can deny entry to LGBTQ students creates an inconsistent landscape. Families may find themselves needing to relocate to ensure their children receive a fair education. DeVos’ perspective aligns with her belief in the privatization of education, which raises concerns for those who uphold the belief that all children deserve equal educational opportunities.
Civil rights organizations and advocates for LGBTQ students have criticized DeVos’ proposed budget and her stance on this issue, including Alex Johnson, executive director of the Equality Alliance. “Secretary DeVos’ elimination of crucial guidance for transgender students has already faced legal challenges,” Johnson stated in a recent announcement. “Her willingness to allow private schools to discriminate while accepting federal funds is unacceptable.”
We share this sentiment.
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Summary
Betsy DeVos has not committed to protecting LGBTQ students in private schools, citing the lack of clear federal laws. Her proposed budget cuts funding for public schools while allowing discrimination against LGBTQ students in institutions that receive federal funds. Critics argue that this stance creates inconsistencies in educational access for LGBTQ families.