Kentucky Court Halts New Title IX Rule

West Virginia Attorney General Patrick Morrisey co-led a six-state coalition in suing the federal Department of Education and Sec. Miguel Cardona, challenging a Title IX rule change.

A Kentucky court has halted a new federal rule that prohibits discrimination based on gender identity and sexual orientation. 

Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky granted an injunction against a Title IX rule issued by the U.S. Department of Education in April while the case of Tennessee v. Cardona progresses.

Since 1972, Title IX has barred education programs or activities receiving federal financial assistance from discriminating or excluding participants on the basis of sex. They risk losing that money if they violate Title IX.

In his injunction, Reeves says that the Department of Education “would turn Title IX on its head by redefining “sex” to include “gender identity.”

“As a general matter, Title IX’s antidiscrimination provision has remained unchanged since the statute’s enactment. 20 U.S.C. § 1681,” he wrote. “And until the last decade, Title IX was universally understood to equalize female access to educational facilities and programs by barring discrimination “on the basis of sex” at schools receiving federal funds. But then came the administrative state, lacking any real power to rewrite a law that Congress duly passed, with its bureaucratic cudgel.”

West Virginia Attorney General Patrick Morrisey co-led a six-state coalition in suing the federal Department of Education and Sec. Miguel Cardona, challenging the rule change. One of the plaintiffs in the case is an unnamed Bridgeport High School student.

“This is a big victory for women and girls because the Title IX revisions being pushed by the Biden administration would have ended sex-based protections for biological women in locker rooms, bathrooms, sports and elsewhere, plain and simple,” he said in a press release announcing the ruling. “This is a retreat from the progress women have made.”

The decision comes just days after a similar ruling from a federal district court in Louisiana issued the first preliminary injunction against the new rule.

Despite Improvements, Students And Schools Still Face FAFSA Hurdles

The Free Application for Federal Student Aid, commonly known as the FAFSA, is meant to help students access funds to pursue higher education. But recent changes to the federal form have left students and schools scrambling for answers.

The Free Application for Federal Student Aid, commonly known as the FAFSA, is meant to help students access funds to pursue higher education. But recent changes to the federal form have left students and schools scrambling for answers.

The last year of high school is a busy time for any student. But for seniors like Autumn Wolf of Preston High School, financial aid uncertainty was just one more thing she didn’t need on her plate.

“There’s so much going on. So many scholarships — everything is happening at once,” Wolf said. “And then you add on the stress of possibly not being able to attend college, and it sends you down a rabbit hole of, ’What am I going to do if I don’t get this aid?’”

Wolf will attend West Virginia University (WVU) in the fall, and said she had to submit and resubmit her FAFSA several times before it was accepted. She also ran into an issue where, for a time, her mother could not upload important tax information.

“It added to the stress of senior year,” Wolf said. “But in the end it’s helping me to attend college, and that’s all that I really care about. It’s over, it’s done. And now I’m able to follow my dreams.”

Wolf’s classmate, Avery Shahan, also plans on attending WVU in the fall. But despite completing her FAFSA online, the system is still showing her an incomplete message, and she has not heard from the university about a financial aid package.

“It’s been pretty stressful,” Shahan said. “I just feel like I’m behind. And I feel like everybody’s so much ahead of me. So that’s really stressful. I don’t want to have to worry about it a month before, week before, day before. I kind of want to be ready as fast as I can. And I feel like I’m not.”

Wolf and Shahan’s experience with delays and uncertainty have played out over and over again, not only in West Virginia, but across the country as an update to the FAFSA form was rolled out this year.

Preston High School guidance counselor Jane Layne said historically the FAFSA is released in October to coincide with many college application deadlines around the end of the year. 

“Normally, we know who has completed, who hasn’t, if they have problems, we have them solved by now,” she said. “That is like a done deal usually by now, other than the few that sometimes qualify by the summer scores.” 

However, at the end of 2023, the U.S. Department of Education completed a multi-year update of the FAFSA intended to simplify the process. 

The FAFSA requires a family’s income and tax information and has historically been daunting for many students and parents. Federal legislators gave the Department of Education three years to simplify it.

While the new form is shorter and more streamlined, its publication was delayed until the last minute, Dec. 31. For months after, it has also been plagued with bugs, errors and issues that have left students and their families across the country uncertain and frustrated.

“So it’s kind of put us at a standstill for a lot of our students knowing where they’re going or what they’re going to be eligible for,” Layne said.

Layne said the state’s Higher Education Policy Commission (HEPC) has been a great help in navigating the new form and its issues. West Virginia, like many other states, has used the FAFSA for years as a central part of the applications for state aid and academic awards.

“The idea is to simplify the process, not have all these forms that people need to fill out for different reasons,” Brian Weingart, senior director of financial aid with the HEPC, said. “So if we can have one form that can accomplish all these different things and access millions of dollars, why create more forms for people to fill out?”

In late April, Gov. Jim Justice declared a state of emergency in higher education, opening a path for the state to circumvent its own FAFSA completion requirement for state education awards.

During a special session in May, the West Virginia Legislature formally extended the state of emergency to October via Senate Concurrent Resolution 102.

Weingart said the state of emergency gives the state flexibility around its own processes to help students. Those with existing FAFSA forms can use last year’s form to qualify for state funds, while others can use alternative means, like existing state aid approval from the Department of Human Services.

“We didn’t want that to hold students up from accessing our state financial aid,” Weingart said. “We’re kind of bending over backwards and trying to adjust our system in order to allow students the flexibility to still access all of our state financial aid dollars, even though they might be having problems completing the 2024-25 FAFSA.”

Weingart and others have stressed that students need to complete this year’s FAFSA to access any kind of federal funding such as Pell Grants. The HEPC and schools across the country will be holding special FAFSA completion sessions and events all summer, not unlike the ones normally held in fall and winter. Events will be held at schools, but also at other community centers such as libraries.

“We have a FAFSA hotline [1-877-987-7664],” Weingart said. “If students are encountering issues, they have questions, we get every FAFSA application in West Virginia. If they call our office, then we can kind of go in and check and say, ‘Oh, yeah, it looks good.’ Or maybe we don’t have it, or maybe you filled out the wrong year, or whatever the issue might be, then we can help troubleshoot that. Because the other issue that we know is when you call him to the federal government, you have a hard time getting somebody to help you overcome those glitches.”

The issues and delays caused by the FAFSA update are also creating a headache for the state’s colleges and universities, as they are currently uncertain of how much state and federal funding will be coming to them in the fall. 

The day after the special session, Sen. Mike Oliverio, R-Monongalia, outlined the problem facing the state’s higher education institutions to the Monongalia County Commission. 

“In the absence of that we could find ourselves with hundreds and hundreds, potentially thousands of college students come August, that won’t be able to return to campus,” he said. “The impact of that on a place like WVU or Fairmont State [University] is potentially the inability to make payroll to pay our vendors, you know, somebody selling fruits and vegetables to the cafeteria. And all of a sudden, we don’t have money to pay all of these different vendors. So it’s potentially a very significant problem.”

Oliverio estimated that nationally, more than $3 billion in Pell Grant dollars are currently trapped in the federal government, representing tens of millions of dollars of unrealized financing for West Virginia’s schools.

As part of the special session, the state legislature approved an $83 million loan package, which Oliverio said will make about $32 million available to the institutions to help with some of their operation costs.

Weingart said the HEPC board still has to approve the funds when they meet later this week. But it is anticipated the maximum award amount for the higher education grant program will double from $3,400 to $6,800 for the 2024-25 academic year. Any student who qualifies for the Higher Education Grant, who has a FAFSA on file from last year or not will be able to access those increased award amounts based on their eligibility.

In early May, the U.S. Department of Education announced that major errors in the FAFSA application process had been resolved, and processing time was now down to three days. 

In declaring the state of emergency, Justice said high school FAFSA completion rates were down nearly 40 percent statewide. By the end of May, Weingart said that number had dipped below 25 percent.

“We’re getting FAFSAs every day, the number changes on a daily basis,” he said. “We’ve been able to close that gap a little bit, but it’s still a gap that we’re trying to make up.”

But for many, it’s been too little, too late.

High school guidance counselor Layne and others say they wish the new form had been rolled out more gradually, with time to iron out issues before a national release — in part, because they acknowledge that the new form and online application process will ultimately be easier on students and their families. 

“I think it’s like any new program. The bugs have not been worked out,” Layne said. “Hopefully by next year, all these problems will be solved. And we’ll be back to what we would consider a normal application year that is not extended and not having all of the glitches.”

But for the next few months that’s cold comfort for students and educators who will spend their summers troubleshooting the form.

Continuing Education Emergencies And Special Session Priorities This West Virginia Week

This week the U.S. Department of Education is launching a multimillion-dollar program to help boost the completion of FAFSA nationwide. We’ll also learn more about the state’s largest methamphetamine seizure in history. And we’ll hear about a rupture in the Mountain Valley Pipeline during a pressure test. 

On this West Virginia Week, the U.S. Department of Education is launching a multimillion-dollar program to help boost the completion of FAFSA nationwide. We’ll also learn more about the state’s largest methamphetamine seizure in history. And we’ll hear about a rupture in the Mountain Valley Pipeline during a pressure test. 

We’ll talk about a state of emergency declared at an Eastern Panhandle middle school and what led to the declaration. We’ll dive into what Gov. Jim Justice says will be top priorities during the upcoming special session. And we’ll learn about a tornado that touched down in Hancock County Tuesday night.

Emily Rice is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick and Randy Yohe.

Learn more about West Virginia Week.

WVU Extends Certain Financial Application Deadlines

West Virginia University is extending multiple key deadlines for incoming students following delays at the federal level.

West Virginia University is extending multiple key deadlines for incoming students following delays at the federal level for the 2024-2025 Free Application for Federal Student Aid or FAFSA. 

WVU’s deadline for the financial aid FAFSA priority consideration is now April 1, moved back from March 1.

The U.S. Department of Education has been working to create a simplified version of the form, which unlocks both federal and state financial aid for students, for three years after bipartisan legislation was passed in 2021.

The new FAFSA was published at the end of last year on Dec. 31, 2023. However, the FAFSA is normally published in early October, and the new release was almost three months later than normal.

Other state colleges and universities across the country, including both the California and Pennsylvania state university systems, have also extended their deadlines for applicants.

Legislators Learn About Updated Federal Forms, Bullying By The Numbers

A federal college financial aid form is being simplified, but the timeline is causing concern and the state education department has new bullying statistics.

A federal college financial aid form is being simplified, but the timeline is causing concern. 

The Free Application for Federal Student Aid, commonly known as the FAFSA, unlocks both federal and state financial aid for students.

The 10-page document can be daunting for both students and parents. 

Sarah Armstrong Tucker, chancellor of the Higher Education Policy Commission, told the Legislative Oversight Commission on Education Accountability Sunday the form asked for information that was difficult to find, more so for students in non-traditional situations such as foster care, guardianships or homelessness.

“Lots of people felt that the FAFSA was so complicated that it made a lot of students opt out from going to college,” she said. ”There were a lot of kids who just didn’t have access to the information that they needed in order to fill out that FAFSA so that they could get the federal financial aid and then indeed get some of that state aid.“

Tucker told the commission that for the past three years, the U.S. Department of Education has been working to simplify the form. One of the expected changes will allow applicants to automatically connect their tax documents to the FAFSA.

“I don’t have to, as a parent, go to my IRS form, find all those numbers, put those numbers in the right boxes,” Tucker said. “It makes sure everything’s correct, which will be wonderful and great and will absolutely simplify the process, right? But that’s been a challenge, trying to get those systems that have never talked to each other before linked together. That has been really, really difficult.” 

She said the changes are welcome, but the new form has yet to be released and that is causing delays for college applicants.

“Typically we would have had October the first of 2023 through now for our high school seniors who have been filling out that document. They have not been,” Tucker said. “Moreover, this is a new FAFSA. So we haven’t seen it.”

Tucker says the new form is expected to be released December 31, and she warned legislators to expect communication from their constituents.

“Once this rolls out in January, there’s going to be some concern from folks about what this looks like and deadlines for our own financial aid programs,” she said.

Tucker flagged one final potential complication regarding a calculation of the expected family contribution to higher education expenses.

“That tells us how much money a family should be able to contribute to a student loan to college,” she said. “Those tables include things like inflationary rates. Those tables haven’t been updated since 2020. So the recent inflationary rates that we’ve had are not included in those tables. And we don’t believe they’re going to be included probably until next year.”

The lowest income students are still expected to receive maximum Pell grants, but Tucker said students from higher income families may be leaving money on the table. Ultimately she said her office will not know until the new form is published, but the HEPC is trying to be proactive and anticipate changes in the interim.

Harassment and Intimidation

Jeff Kelley, officer of accountability and assessment for the West Virginia Department of Education presented a harassment, intimidation and bullying report for the 2022-23 school year to the meeting. The report showed that referrals for harassment, intimidation, or bullying behaviors accounted for 2.1 percent of all student disciplinary referrals across the state.

“I think it’s about 18 and a half incidents per day across the state,” Kelley said.

Kelley said middle school aged students accounted for the vast majority of harassment, intimidation, or bullying referrals, seven out of every 10 originating from sixth through ninth grades. 

Male students were the majority of referrals at 74 percent. The data also showed discrepancies based on race.

“White students represented in discipline data at a slightly lower rate than their representation in the specific population, that’s 82 versus 88 percent,” Kelley said. “Black students and multiracial students were present at a higher rate than their respective population representations.”

Black students account for 4 percent of the state’s student population, but represented 10 percent of referrals for harassment, intimidation, or bullying. Multiracial students account for 7 percent of the state’s student population, but also represented 10 percent of referrals for harassment, intimidation, or bullying. 

“A risk ratio calculation indicates the black students to be about 2.25 times more likely to experience those referrals,” Kelley said. “With multiracial students, that number is 1.5 times.”

Students with disabilities, or who were eligible for special education services accounted for one third of all referrals for harassment, intimidation, or bullying. 

“Students with disabilities were about two times more likely to be referred,” Kelley said.

Committee Chair Del. Joe Ellington, R-Mercer, asked if Kelley thought interventions were proving effective in stopping students from repeating the offenses. Kelley said he believed the data supported that notion.

“What we’re seeing, as I think schools and counties are taking proactive approaches, they’re educating students, staff and parents about ‘What is bullying? What’s it look like? What are the signs?’ and when we see these things, what is the appropriate way to respond?” he said.

State Charter Schools Receive Millions In Federal Grants

West Virginia charter schools will receive millions in federal funding over the next two years. 

West Virginia charter schools will receive millions in federal funding over the next two years. 

The West Virginia Professional Charter School Board (PCSB) was awarded more than $12 million in grants from the U.S. Department of Education’s Charter Schools Program. The PCSB was created in 2021 by House Bill 2012 to oversee charter schools in the state. 

In announcing the grants during his administrative update briefing Friday, Gov. Jim Justice emphasized the importance of school choice.  

“We absolutely moved forward by just putting our toe in the water and lo and behold, what does it tell us?” Justice said. “It tells us we should be listening to parents. It tells us absolutely that we should have HOPE Scholarship. It tells us over and over and over. We should give kids and parents a choice.”

West Virginia currently has five operating charter schools – three physical and two virtual – with two more authorized for fall 2024.

In its application, the charter school board said it will use the money to double the number of charter schools from seven to 14 and increase student achievement in all West Virginia public schools. 

House Bill 2012 increased the number of brick-and-mortar charter schools authorized and in operation in the state from three to 10. The law also states that beginning July 1, 2023, and every three years thereafter, an additional 10 public charter schools may be authorized.

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