For Her First Day: A Message to Linda McMahon

Today marks Linda McMahon’s first day as the Secretary of Education. She is now the Cabinet-level official charged with overseeing the U.S. Department of Education, including the Department’s mission-critical work of enforcing federal civil rights laws. GLSEN, on behalf of the more than two million LGBTQ+ students and especially the more than 300,000 transgender students in America, has consistently advocated for more than three decades that Secretaries of Education should do more to ensure that LGBTQ+ students can learn in an environment that is free from violence and discrimination.

As Secretary McMahon steps into her new role, GLSEN’s top question is simple: will she serve in the best interests of all students?

Secretary McMahon is assuming the role in unique circumstances. She was appointed by a President who has pledged to eliminate the Department and is sworn in after other political appointees have already worked to undermine civil rights protections for students. In her first hours on the job, she has already promised an overhaul that could disrupt essential funding streams, enforcement mechanisms, and supports for students.

Serving all students requires leadership. Even before she was confirmed, the White House pushed a series of executive orders that sought to weaponize the Department against students and schools. The executive orders threaten legal actions against teachers in a campaign to silence students’ free expression and force LGBTQ+ youth back into the closet. These executive orders are of questionable legality, calling on the Department to exceed its authority and dismissing the impact of existing laws that protect marginalized students against discrimination.

It is critical that the U.S. Department of Education follows and fully implements existing laws that protect students, instead of catering to the whims and latest pronouncements of the White House. To truly serve the best interests of all students, Secretary McMahon will have to reverse the course laid by other political appointees during the first six weeks of the new administration. GLSEN offers a few recommendations of where she should start:

• Title IX protects LGBTQ+ students, and the Department should act accordingly. The Department has recognized Title IX’s applicability to LGBTQ+ students since 1997, including in the current Title IX regulations promulgated under Trump’s first administration. Federal courts have also repeatedly affirmed transgender students’ rights under Title IX - even without the clear support of the Department - to ensure equal access to bathrooms and sports teams.

Over the past six weeks, the administration appears to have ignored this reality. Both the President and political appointees have weaponized civil rights authorities against school districts and state athletic associations, threatening to withhold federal funds unless trans-exclusionary policies are adopted. But, as Maine’s Governor Janet Mills pointed out, trans-exclusionary policies would likely violate the law and subject states or schools to civil rights litigation.

Secretary McMahon should not only stop this abuse of power and intimidation campaign, but also take the time to fully understand that LGBTQ+ students are protected under both federal law and state civil rights protections. With 83% of LGBTQ+ youth reporting harassment or assault at schools, the Department could meaningfully address hostile learning environments if its efforts were focused on providing relief from patterns of bullying and violence. The Department should not seek to curb legal policies that protect transgender students, but instead leverage its full authority to ensure that all students - including LGBTQ+ youth - are protected against harassment and discrimination.

“You cannot say you’re against discrimination and then, in the same breath, openly support exclusionary bans on students participating in school activities. Secretary McMahon has a lot to learn about the education system. Instead of taking a hammer to the Department, she should take the time to understand how the Department builds safer learning environments and ultimately contributes to student success.” - Melanie Willingham-Jaggers, Executive Director of GLSEN

• The Department’s civil rights mission should be expanded and strengthened. Civil rights enforcement has been a cornerstone of the Department’s mission since it was established by Congress. The Department is a civil rights agency that works to ensure every student has an equal opportunity to learn and grow at school. But enforcement efforts have largely been halted by political appointees over the past few weeks. This action was taken even as Congress considers expanding funding for the Office for Civil Rights amid a spike in Title VI complaints related to antisemitism. The Department should resource the Office for Civil Rights appropriately to ensure that all complaints of discrimination are resolved in a timely manner, instead of reviewing only a narrow selection of complaints that align with the administration’s political agenda.

Civil rights enforcement is also an effective strategy at addressing disparities that fuel top concerns from education officials - including absenteeism, youth mental health and suicide risk, and violence in schools. Data from the Federal Bureau of Investigation suggests that discriminatory school policies impacting LGBTQ+ youth may be associated with a significant and geographically distinct increase in hate crimes in K-12 schools. The Department could leverage its authorities to support schools in building safer and more inclusive learning environments that support the needs of all students.

Alarmingly, Secretary McMahon has already called for an overhaul of the entire Department that could downsize or even result in proposals to eliminate the Department. Turning inwards to slash budgets and shutter offices will distract from the important work of shoring up supports for students and schools. This dangerous plan could eliminate funding streams for communities and saddle states with more challenges and fewer resources.

• The Department should get out of the way of state and local decisions to adopt inclusive learning strategies. Secretary McMahon has unfortunately repeated attacks on inclusive education, which has been demonstrated to both reduce harassment and build understanding across student populations. GLSEN’s National School Climate Survey demonstrates that inclusive education can create safer schools for LGBTQ+ youth, with schools that have adopted inclusive learning reporting a 46% lower rate of harassment based on sexual orientation, a 39% lower rate of harassment based on gender identity, and peer students being twice more likely to intervene when witnessing homophobic or transphobic harassment.

Since its establishment and reinforced in recent years, the Department has been limited by federal law from intervening in curriculum set by the states. Still, recent executive orders seek to target LGBTQ-inclusive curriculum while instead promoting other priorities for classroom instruction. The Department has launched a public portal that creates a forum for parents to complain about diversity in schools. This misrepresents the Department’s role, as the federal government does not set curricular standards or review individual teacher performance. This undue pressure and unwelcome federal intrusion is intended to chill state efforts to implement LGBTQ-inclusive curriculum and blunt thoughtful strategies that prepare students for navigating an increasingly diverse world.

This nation’s education system is a cornerstone of our democracy, preparing the next generation to become active members of their community and strive for the American dream. The success of the education system depends on the critical partnership between the federal Department, state education agencies, and local school districts. On her first day, Secretary McMahon is already working to disrupt that balance and advance a particular agenda instead of serving the best interest of all students. We call on her to reverse course, reevaluate her priorities, and instead center the needs of students.