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

Contact Your Elected Officials

WASHINGTON โ€” Today, U.S. Secretary of Education Betsy DeVos delivered on her promise to protect free inquiry and religious liberty on campus by publishing theย Improving Free Inquiry, Transparency, and Accountability at Colleges and Universitiesย 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.ย 

“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,โ€ 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.โ€

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,ย Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities, publicย colleges and universities must comply with the First Amendment as a requirement to receive Department grants. Privateย 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 โ€œshall not applyโ€ to educational institutions that are โ€œcontrolled by a religious organization,โ€ 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 โ€œcontrolled by a religious organization.โ€ 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 โ€œcontrolled by a religious organizationโ€ for Title IX purposes.
  • Third, the rule ensures equal treatment of religious student organizations at public colleges and universities. As a requirement of the Departmentโ€™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 institutionโ€™s facilities, and to receive student fee funds. Equal treatment of religious student groups is now a material condition of the Departmentโ€™s grants. ย 
  • 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 โ€œschool or department of divinityโ€ 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 orย 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 Universitiesย 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.

Donald Trumpโ€™s Appointments Are Being Obstructed

Donald Trump is the only President in history that has had recess appointments blocked by his own party!

Trump Flag-Burning Ban: Unconstitutional, Un-American, and Trifling

Trump signed an EO to criminalize the burning of the American flag โ€” the right to do which having already been adjudicated by the highest court in the land.

Using True Facts of History to Determine What is Right and What is Wrong

The amount of time separating a human act from a truthful description of it is not as important as the veracity of historians bringing it to light.

The Very British Stalemate: British Politics Explained for Americans

The assumption in the minds of American commentators, politicians, and analysts is that the UK has "gone to the dogs" with "woke" political ideology.

NFL Vikings Male Cheerleader Controversy ย 

The NFL under the leadership of Roger Goodell is back to yet another controversy that is causing backlash and a possible boycott.

Trump Moves to Fire Fedโ€™s Lisa Cookโ€”Here Are 4 Takeaways

President Donald Trump announced in an Aug. 25 letter that he is firing Federal Reserve Governor Lisa Cook over mortgage fraud allegations.

Cracker Barrel to Return to Its Old Logo

Cracker Barrel will go back to its old logo following a public outcry over a new logo unveiled last week, the restaurant announced Aug. 26.

Ohio Bill Would Legalize Direct Sales of Raw Milk From Farms

Two Ohio state lawmakers have introduced a bill that would make it easier for people to buy raw milk, describing it as a โ€œmatter of liberty.โ€

HHS Threatens to Cut Funds for 46 States Over Gender Ideology in School Curricula

HHS ordered 46 U.S. states and territories to remove all educational references to gender ideology from federally funded school grant programs within 60 days.

RFK Jr. Says HHS Will Disclose Causes of Autism in September

During a cabinet meeting Secretary of Health and Human Services Robert F. Kennedy Jr. vowed to announce the causes of autism by September.

OMB Head: Trump Admin Eliminating 30 Old Regulations for Each New One

The Trump administration has repealed 30 regulations for each new regulation, Office of Management and Budget Director Russ Vought announced.

FDA Ramps Up Inspections of Shrimp Amid Radioactive Contamination Reports, RFK Jr. Confirms

Health Sec RFK, Jr. said federal health authorities are looking at imported shrimp after FDA issued warnings after potentially radioactive shrimp.

Trump Says He Wonโ€™t Send Guard to Chicago Until He Gets Request From Illinois Governor

President Trump said heโ€™s not going to send any federal troops to assist with law enforcement in Chicago until he gets a request from Gov. JB Pritzker.
spot_img

Related Articles