The federal government provided 14% of Oregon K-12 funding this biennium, according to the Oregon Blue Book. Anything that threatens that funding makes school leaders nervous.
Recent communications from President Donald Trump and the U.S. Department of Education have school leaders asking whether programs, practices and student supports required by state and federal law are putting their funding at risk.
The short answer is: Not right now.
OSBA sent out a statement to school districts Wednesday to share the latest legal understanding.
“The laws have not changed,” said Haley Percell, OSBA chief legal officer and interim deputy executive director. “Executive orders and agency letters are not laws. While the courts sort out what comes next, we are still required to serve all our children under current state and federal laws.”
The new administration has a different focus and communication style but it has not altered the application of existing laws, according to Percell.
OSBA is consulting with Oregon Attorney General Dan Rayfield, the governor’s office, the Oregon Department of Education, fellow education associations and education law experts to provide guidance for school leaders, according to Emielle Nischik, OSBA executive director.
“Funding loss is a real fear for our districts, and federal dollars are crucial for areas such as special education, student nutrition and teacher professional development,” Nischik said. “We are using our resources and connections to provide fact-based information so our school leaders can get back to focusing on all students’ success.”
Trump and the U.S. Department of Education have sent emails offering their interpretations of federal law regarding gender, discrimination and diversity, equity and inclusion efforts and threatening to take actions including withholding funds. Some of those interpretations are being challenged in court, and some have been put on temporary hold.
A U.S. Department of Education email sent Saturday, March 1, said any efforts to enforce its interpretation of civil rights law would start by contacting the school and attempting to reach a resolution.
On Wednesday, Rayfield announced that he was joining a coalition of 15 attorneys general offering guidance for K-12 schools and higher education.
“The coalition’s guidance reminds educational entities that efforts to seek and support diverse, equitable, inclusive and accessible educational experiences for students are legal, and that longstanding legal precedents supporting these programs cannot be changed by an executive order or a letter from the Department of Education,” Rayfield wrote in a statement.
ODE has also created a webpage to share updates on federal actions and ODE’s responses.
Equity and civil rights considerations for schools touch on a host of programs and policies aimed at closing achievement gaps and creating fair, safe and welcoming environments for all students. Federal, state and district investments include programs for students who come from low income backgrounds, LGBTQ+ students, students experiencing homelessness, students with special needs, students in rural areas and students from traditionally underserved ethnic and racial groups.
OSBA is counseling school leaders to maintain all programs in alignment with state and federal laws and to consult a lawyer before making any changes.
“School leaders want all our students to succeed,” said Nischik, “and we want schools to be able to do everything that is necessary to support all our students without fear.”
– Jake Arnold,
[email protected]
