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"We will not stand by and allow the impact that dismantling the Department of Education would have on the nation's students, parents, borrowers, educators, and communities."
U.S. Sen. Bernie Sanders on Thursday led five members of Congress in a warning against the Trump administration's plan to "unilaterally dismantle" the Department of Education and demanded answers from the acting head of the agency about recent moves "to put federal workers on administrative leave, coerce employees into leaving their jobs, provide access to students' sensitive data, and illegally freeze vital funding."
"Over the course of two weeks, the Trump administration issued sweeping executive orders and sought to broadly and illegally freeze federal financial assistance," the lawmakers—Sanders (I-Vt.), Sen. Patty Murray (D-Wash.), Sen. Tammy Baldwin (D-Wis.), Rep. Bobby Scott (D-Va.), and Rep. Rosa DeLauro (D-Conn.)—wrote in a letter to acting Education Secretary Denise Carter.
"Federal employees have been targeted, in some cases for simply following the law. Elon Musk is attempting to shut down the work of entire agencies while gaining access to some of the federal government's most far-reaching and sensitive data systems. Media reports indicate a similar effort may be underway at the Department of Education," the lawmakers noted.
The letter continues:
The Department [of Education] has been a target of President [Donald] Trump and his unelected advisers since even prior to his inauguration. And recently, the department has put workers on administrative leave for attending trainings promoted by former Secretary Betsy DeVos, once touted among results achieved by the department, and coerced employees into leaving their jobs. Workers at the department—like those across the government—have been made to fear their jobs will be reclassified so that they lose employment protections. Some staff from the entity referred to as the Department of Government Efficiency have reportedly gained access to internal department data systems, including financial aid systems that include personally identifiable information on millions of students. These actions appear to be part of a broader plan to dismantle the federal government until it is unable to function and meet the needs of the American people.
"We will not stand by and allow this to happen to the nation's students, parents, borrowers, educators, and communities," the lawmakers stressed. "Congress created the department to ensure all students in America have equal access to a high-quality education and that their civil rights are protected no matter their ZIP code."
"We urge you to provide information on the steps the department is taking to ensure the continuity of programs that Americans depend on, the ability of the department to effectively administer programs for their intended purposes without waste, fraud, and abuse, and the safeguards in place to protect student data privacy," the legislators added.
Specifically, the letter asks for a list of officials "who have been granted access to personally identifiable or sensitive information," an "explanation of all steps the department has taken to protect" such data, the names of "all individuals placed on administrative leave or terminated" since Trump took office and all department communications to such employees, and confirmation that the department "has not frozen, paused, impeded, blocked, canceled, or terminated any awards or obligations since January 20."
The lawmakers' letter came on the same day that nearly 100 Democratic members of the House of Representatives wrote to Carter requesting a meeting to discuss "reports that the Trump administration has plans to illegally dismantle or drastically reduce" the Department of Education via executive order.
Both letters came ahead of next week's scheduled Senate confirmation hearing for Linda McMahon, a top fundraiser for Trump's campaign whom the president subsequently nominated for education secretary. McMahon—a billionaire who led the Small Business Administration during Trump's first term—is expected to face tough questions from Democratic senators about what one campaigner called her "documented history of enabling sexual abuse of children and sweeping sexual violence under the rug" during her tenure as World Wrestling Entertainment CEO.
The very future of the Department of Education is uncertain, as Trump has repeatedly vowed to abolish the agency, which was established during the administration of President Jimmy Carter in 1979.
"I told Linda, 'Linda, I hope you do a great job and put yourself out of a job,'" Trump quipped earlier this week.
"Schools must step up to protect students in the absence of adequate federal guidance," said one advocate.
A "Dear Colleague" letter sent by the U.S. Department of Education to K-12 schools and colleges will leave transgender students without the anti-discrimination protections that were introduced under former President Joe Biden, warned advocates on Friday.
The letter informed schools that effective immediately, the department is returning to Title IX rules that were in place under the first Trump administration, protecting students from discrimination "on the basis of biological sex"—not gender identity, sexual orientation, or pregnancy status.
The updated rules, said one DOE official, are aimed at correcting an "egregious slight to women and girls," as the administration characterized protections for transgender and nonbinary students.
The Trump administration and Republican lawmakers have been intensely focused on stopping transgender students from participating in women's sports in college and high school. Biden's rules, unveiled last April, stopped short of requiring schools to allow students to play on teams that correspond with their gender identity.
But Emma Levine, manager of the advocacy group Know Your IX, said the rollback of Biden's guidance will put students across the country at "greater risk of harassment and discrimination."
Biden's guidance had been on hold in 26 states as Republican attorneys general have challenged the rules in court.
Earlier this month, a federal judge in Kentucky struck down Biden's rules, saying protections for transgender students under the 1972 anti-discrimination law rendered the measure "meaningless."
Levine said Friday that "schools must step up to protect students in the absence of adequate federal guidance," and Massachusetts Secretary of Education Patrick Tutwiler was quick to call on schools in the state to continue ensuring all students are protected from harassment and discrimination.
"It is incumbent on schools and school administrators to create a culture in which all students feel safe, supported, and fully included, including in athletics," said Tutwiler. "I am proud that in Massachusetts our state constitution has strong, comprehensive protections for LGBTQ+ students who deserve to live and learn as their full, authentic self."
Under the 2020 Title IX rules that the DOE is returning to, schools were also informed Friday that the Trump administration will once again limit schools' liability in sexual assault cases and afford expanded rights to students accused of assault and harassment.
During his first term, Trump introduced Title IX requirements for schools to hold live hearings in which students accused of misconduct and those who accused them could cross-examine one another through lawyers. The rules also narrowed the definition of harassment and placed some misconduct cases outside of a school's jurisdiction.
"The 2020 Title IX rule fails students," said Levine. "This is an incredibly disappointing decision that will leave many survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students without the accommodations critical to their ability to learn and attend class safely."
"This is someone accused of ignoring rampant sexual abuse under her watch," said one advocate. "It's an insult to survivors and a blatant attack on the safety of students nationwide."
A group that combats sexual violence on campuses was among those speaking out on Friday against U.S. President-elect Donald Trump's nomination of former wrestling entertainment executive Linda McMahon for education secretary, warning that her own sexual abuse scandal makes her an "appalling" choice to lead the department tasked with protecting students from discrimination and violence.
Kenyora Parham, CEO of End Rape on Campus, said McMahon's "documented history of enabling sexual abuse of children and sweeping sexual violence under the rug" is "disqualifying" for a nominee to lead the Department of Education.
Parham was referring to a lawsuit that was filed in October by five anonymous plaintiffs in Maryland, which alleges that while McMahon was the CEO of World Wrestling Entertainment (WWE) in the 1980s, she and other executives enabled "open and rampant" grooming and sexual abuse of the company's teenaged "ring boys" by announcer Mel Phillips and others.
The lawsuit alleges that McMahon and her now-estranged husband, WWE co-founder Vince McMahon, knew that Phillips was recruiting boys as young as 12 to work as stagehands and then sexually exploiting them, sometimes in front of wrestlers and executives in the locker area. WWE wrestlers Pat Patterson and Terry Garvin are also named as abusers.
The plaintiffs said they were between the ages of 13-15 when they were abused, and that the McMahons were aware of the sexual exploitation. According to the lawsuit, Vince McMahon admitted the couple was aware of Phillips' "peculiar and unnatural interest" in young boys, and the McMahons fired him briefly in 1988 over allegations of sexual abuse.
They "rehired him six weeks later on the condition that he 'steer clear from kids,'" according to the lawsuit, but the exploitation continued.
Parham spoke out a day after she and other rights advocates celebrated the news that former Rep. Matt Gaetz, who Trump had nominated to be attorney general, was withdrawing from consideration amid allegations that he paid to have sex with a 17-year-old, which were the subject of an investigation by the House Ethics Committee.
"Now can we get Linda McMahon to withdraw her appointment as secretary of education, too?" said Parham on Thursday.
Pete Hegseth, a former Fox News host who Trump has nominated to be defense secretary, has also been accused of sexual assault, the details of which were revealed in a police report that was made public this week. Robert F. Kennedy Jr., who Trump nominated to lead the Health and Human Services Department, has been accused by his children's former babysitter of sexual abuse.
Billionaire entrepreneur Elon Musk, who Trump has named to run his Department of Government Efficiency, has been named in a lawsuit filed by former SpaceX employees who alleged sexual harassment at work. Trump himself was found liable last year for sexual abuse in a case filed by writer E. Jean Carroll.
Putting McMahon in charge of overseeing Title IX protections, which prohibits sex discrimination and sexual harassment and assault at schools that receive federal funding, "is like handing keys to an arsonist to run the fire department," said Caroline Ciccone, president of government watchdog Accountable.US.
"Donald Trump's nomination of Linda McMahon to lead the Department of Education is indefensible," said Ciccone. "This is someone accused of ignoring rampant sexual abuse under her watch... It's an insult to survivors and a blatant attack on the safety of students nationwide."
Trump chose McMahon to lead the Education Department after President Joe Biden expanded Title IX protections to cover discrimination on the basis of gender identity and sexual orientation. Trump has pledged to roll back the expanded policy, and has called for the entire department to be dismantled.
"McMahon and her colleagues were reportedly aware of abuse happening right under their noses—and they did nothing," Ciccone said. "Now she's been chosen to oversee, and likely overhaul, the very protections designed to stop this kind of harm? The Senate must put an end to this sham of a nomination. She lacks the experience, the judgment, and the track record to protect students from harm."
Parham said McMahon's nomination signals "a calculated agenda to dismantle the protections afforded by Title IX."
"Appointing someone with such a compromised background is a direct attack on these hard-won rights and threatens to leave countless students vulnerable," she said. "We urge policymakers and fellow advocates to unite against this nomination and demand accountability—to join us in this critical fight to uphold and strengthen the protections that every student deserves."
"It is imperative that leaders are appointed who will genuinely champion the safety and rights of every student," she added, "regardless of their identity and background."