It has been seven weeks since Trump signed Executive Orders instructing school districts to remove DEI from their operations and to rescind any discriminatory transgender policies or face penalties, including the forfeiture of federal funding. Any School District that refuses compliance could be stripped of both Title I and IDEA funding that are critical to education support. Currently, Pennsbury receives approximately $3.4M in federal funding annually. Based on the details of the Executive Orders, federal grantees must remove DEI from operations no later than March 21, 2025. A letter issued by the Department of Education on February 14th alerted school districts and universities that the Office of Civil Rights would begin preparing investigations related to compliance as soon as March 1, 2025.
What Are Title I Funds?
Title I funds are federal financial assistance provided to schools and school districts with high numbers or high percentages of children from low-income families. These funds aim to close the achievement gap by supplying additional resources to schools that need them the most. Distribution of Title I funds is based on the number of low-income students in a school or district. Schools with at least 40% of students from low-income families are eligible for school-wide programs. Title I funds can be utilized for various purposes, including:
- Engaging parents and families in their children’s education
- Providing additional instructional support
- Hiring additional teachers and staff
- Implementing programs to improve academic achievement
- Supporting professional development for teachers
- Purchasing instructional materials and technology
What Are IDEA Funds?
IDEA funds are provided under the Individuals with Disabilities Education Act (IDEA) to support special education and related services for children with disabilities. These funds ensure that children with disabilities receive a free appropriate public education (FAPE) tailored to their individual needs. IDEA funds can be used for various purposes, including:
- Supporting transitional services after educational services are complete
- Providing individualized instruction for students with disabilities
- Offering related services such as occupational therapy and speech therapy
- Purchasing assistive technology
- Conducting professional development training
- Developing and implementing Individualized Education Programs (IEPs)
Where Is Pennsbury At With Compliance?
The answer is that we have no clue. Despite calls at committee meetings and action board by community members to come into compliance and revise its policies, Pennsbury administrators and the School Board have refused to respond to and address public concerns about complying with the Executive Orders. In contrast, when the Biden Administration proposed Title IX changes that were challenged in the courts, injunctions were issued to block those Federal guidelines from implementation, and those changes were eventually pulled by the Biden Administration prior to leaving office.
The Title IX changes were initiated by Biden on April 19, 2024, with the expectation that school districts would implement these changes by August 1, 2024. Discussion around these changes began at the very first Policy Committee meeting chaired by School Board member Jeannine Delwiche on May 9, 2024. Discussions around these Title IX changes begin at 5:50 of the May audio file below:
May Policy Committee Audio
The Policy Committee continued its discussions about implementing the new Title IX guidelines at the June Policy Committee meeting held on June 13, 2024. During this meeting, it was discussed that the Pennsylvania School Board Association (PSBA) would issue new guidelines to update Policies 103 and 104. Notably, on June 11, 2024, just two days prior to this Policy Committee meeting, it made nationwide news that the first court challenge to the Title IX changes by the Attorney General of Texas resulted in an injunction against the Biden Administration’s implementation in Texas. Discussions around these Title IX changes begin at 20:55 of the June audio file below:
June Policy Committee Audio
During the August 1, 2024, Policy Committee meeting, it was noted that they had received the update from PSBA and that a Solicitor review of the updates was in process. Committee Chair Jeannine Delwiche shared that the changes went into effect on the day of their meeting. However, Delwiche did not mention the injunctions by six district circuit courts that spanned across 22 states. On August 5, 2024, the injunctions expanded to a seventh district circuit court covering 26 states. Additionally, Delwiche failed to share that on July 2, 2024, Moms For Liberty had won an injunction that would have direct impacts on Pennsbury. Discussions around these Title IX changes begin at 5:00 of the August audio file below:
August Policy Committee Audio
The conversations around Title IX changes continued at the next Policy Committee held on September 12, 2024. On the Agenda, changes to Policy 103 and 104 were presented for a first read. Public comment centered around why the District was moving forward with making changes that had been repeatedly blocked across the country due to their unconstitutionality for sidestepping Congress. After the completion of Public Comment, Committee Chair Jeannine Delwiche invoked her desire to push forward with the Title IX changes while delivering a public statement that Pennsbury had the authority to move forward because “school districts follow local law”. Discussions around these Title IX changes begin at 18:00 with Delwiche’s statement at 26:30 that incorrectly states injunctions don’t apply to Pennsbury which can be heard in the September audio file below:
In the September Policy Committee meeting, a motion and vote were held to approve the First Reading of the policy changes, sending them to the full School Board for consideration. At the subsequent October meeting, the Committee again voted to approve the Second Reading of these changes to the full School Board for consideration. However, the November Policy Committee meeting was abruptly cancelled. During the November 21, 2024 Action Meeting, Donna Ahrens faced criticism for her centrist stance on Gay Pride Flags. Since then, the Title IX changes have not been revisited.
What Can The Community Do To Encourage Compliance
Educational institutions have responded differently to the Trump Administration’s Executive Orders. Some have confirmed their compliance, others their non-compliance, while some continue not being transparent about whether DEI will be effectively removed by March 21, 2025. Pennsbury falls into the “not being transparent” category, as they have not communicated their plans to their constituents. The lack of proactive efforts, as seen with Title IX, suggests that Pennsbury may not comply, potentially risking $3.4M in federal funds.
On March 1, 2025, the Federal Government launched a new portal on the Department of Education’s website. This portal allows concerned citizens to report violations of DEI elimination compliance to the Department of Education and the Office for Civil Rights, initiating investigations against educational institutions receiving federal funds. If you are concerned about DEI persisting in the classroom and want Pennsbury to comply with federal laws, you can submit your complaint at https://enddei.ed.gov
.