U.S. Secretary of Education Betsy DeVos Delivers on Promise to Protect Free Inquiry and Religious Liberty

Contact Your Elected Officials

WASHINGTON — Today, U.S. Secretary of Education Betsy DeVos delivered on her promise to protect free inquiry and religious liberty on campus by publishing the Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities final rule (see below). The new rule will ensure that public institutions of higher education uphold fundamental rights guaranteed by the First Amendment to the U.S. Constitution and that private institutions of higher education adhere to their own policies regarding freedom of speech, including academic freedom. The final rule also ensures the equal treatment and constitutional rights of religious student organizations at public institutions and provides clarity for faith-based institutions with respect to Title IX. 

“This administration is committed to protecting the First Amendment rights of students, teachers, and faith-based institutions. Students should not be forced to choose between their faith and their education, and an institution controlled by a religious organization should not have to sacrifice its religious beliefs to participate in Department grants and programs,” said Secretary DeVos. “These regulations hold public institutions accountable for protecting the First Amendment rights of students and student organizations, and they require private colleges and universities that promise their students and faculty free expression, free inquiry, and diversity of thought to live up to those ideals.”

The Department’s final rule was created after reviewing more than 17,000 public comments. It addresses four areas of critical importance:

  • First, to implement Executive Order 13864, Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities, public colleges and universities must comply with the First Amendment as a requirement to receive Department grants. Private institutions of higher education must comply with their own stated institutional policies regarding freedom of speech, including academic freedom, as a requirement of Department grants. Due to the well-developed body of case law by state and federal courts on First Amendment rights and violations of stated institutional policies, the Department will rely upon a final, non-default judgment by a state or federal court to determine whether a public or private institution has violated these material grant conditions.
  • Second, the rule clarifies how an institution may demonstrate that it is controlled by a religious organization for purposes of Title IX. Federal law provides that Title IX “shall not apply” to educational institutions that are “controlled by a religious organization,” to the extent that application of Title IX would not be consistent with the religious tenets of such organization. Neither Title IX nor its implementing regulations have ever before defined what it means for a school to be “controlled by a religious organization.” The final rule includes a non-exhaustive list of some of the most common concrete factors that an institution may rely upon to demonstrate that it is “controlled by a religious organization” for Title IX purposes.
  • Third, the rule ensures equal treatment of religious student organizations at public colleges and universities. As a requirement of the Department’s grants, public colleges and universities must not deny to a religious student group any of the rights, benefits, or privileges that other student groups enjoy. For example, a religious student group must have the same rights as other student groups at the public institution to receive official recognition, to use the institution’s facilities, and to receive student fee funds. Equal treatment of religious student groups is now a material condition of the Department’s grants.  
  • Fourth, the rule revises regulations governing some discretionary grant programs under Titles III and V of the Higher Education Act of 1964, as amended, to better align with the First Amendment and other federal laws. Current regulations could prohibit a school from using such a grant for even secular activities or services such as teaching a course about world religions. The rule more narrowly tailors the prohibition on the use of these grants to religious instruction, religious worship, or proselytization. The rule also more narrowly defines a “school or department of divinity” to clarify that institutions are not prohibited from using grants for a secular department of religion.

The final rule will be effective 60 days after the date of official publication in the Federal Register.

U.S. Department of Education Website

A fact sheet on the final rule is available below or here.

Fact Sheet: U.S. Department of Education Religious Liberty and Free Inquiry Final Rule

factsheetreligiouslibertyandfreeiInquiry09032020

Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities Final Rule

freeinquiryfinalruleunofficialversion09092020

The Thinking Conservative
The Thinking Conservativehttps://www.thethinkingconservative.com/
The goal of THE THINKING CONSERVATIVE is to help us educate ourselves on conservative topics of importance to our freedom and our pursuit of happiness. We do this by sharing conservative opinions on all kinds of subjects, from all types of people, and all kinds of media, in a way that will challenge our perceptions and help us to make educated choices.

Trump’s Middle East Triumph is Worth Celebrating Even As Peace Remains Elusive 

President Trump’s bold foreign policy defies globalist appeasement, showcasing unwavering American strength and decisive leadership on the world stage.

Are conservatives fighting a fiction of woke?

Wokery, it hurts to say it, is too disorganized to have an organized cosmology or doctrine of metaphysical belief.

Illinois Democrat Offenders Reveal Party

The crime of J.B Pritzker and Brandon Johnson in this episode of American history is called subversion at the least , but could be as serious as treason.

Inside the Public School Librarian Jihad to Keep Transgender Propaganda on Shelves

Public school librarians are doing all they can to keep child tranny propaganda flowing directly into the malleable minds of their charges.

Five Reasons Why The Latest Czech Elections Were So Important

Populist-nationalist politician Andrej Babis is poised to return to the premiership after his party's victory. Here are 5 reasons why this is so important.

Homan Says DOJ Probing Funding Behind ‘Organized’ Attacks on ICE

Border czar, Homan said DOJ launched an investigation into funding for what he called “organized” attacks on federal immigration enforcement agents.

There Are No Survivors in the Blast at a Tennessee Explosives Factory, Sheriff Says

The blast in rural Tennessee that leveled an explosives plant and was felt for miles around left no survivors, authorities said Saturday

Antifa Is Threatening Families of Law Enforcement: Homeland Security

Family members of law enforcement officers are facing threats from individuals affiliated with the far-left extremist group Antifa, the DHS said in an Oct. 10 X post.

Pentagon Creating New Counter-Narcotics Joint Task Force in Southern Command, Hegseth Says

Sec of War Pete Hegseth said President Trump has directed the creation of a new counter-narcotics joint task force in SOUTHCOM area of responsibility.

First Lady’s Effort Helped Reunite 8 War-Displaced Children With Their Families

First lady Melania Trump said 8 children impacted by the fighting between Ukraine and Russia were reunited with their families on Oct. 9.

Trump Admin Agrees to $20 Billion Rescue Plan for Argentina

The U.S. government has finalized a $20 billion economic rescue plan for Argentina, Treasury Secretary Scott Bessent announced on Oct. 9.

Trump Says He May Invoke Insurrection Act in Portland If Necessary

President Donald Trump on Oct. 6 said he may consider invoking the Insurrection Act in Portland, Oregon, if necessary.

Trump: All Medium, Heavy Duty Trucks Entering US Will See 25 Percent Tariff on Nov. 1

President Trump announced on Monday that all medium and heavy-duty trucks entering the United States will see a 25 percent tariff starting on Nov. 1.
spot_img

Related Articles

Popular Categories

MAGA Business Central