Federal Department of Education to Toss Virginia Schools a Live Grenade

by James C. Sherlock

The Office of Civil Rights of the Biden Department of Education has published a revised Civil Rights Data Collection (CRDC) data set. Some statistics:

  • Type of Review: A revision of an existing information collection.
  • Respondents/Affected Public: State, Local, or Tribal Governments.
  • Total Estimated Number of Annual Responses: 17,884.
  • Total Estimated Number of Annual Burden Hours: 2,175,866.

They consider a thousand man-years a small price to pay for the data they want. But that is just the beginning of the price that will be paid.

The new federal requirements include gender identity data collection and reporting for every child in Virginia public schools.

Multiple gender choices are specified to include male, female and non-binary. Another section requires school staff to determine whether a student “identifies as or is perceived to be transgender, cisgender, or nonbinary.”

Teachers and counselors presumably will have to make the call on how each student identifies. Think teachers are dissatisfied now? Wait until this hits. No guidelines on checking with parents.

You will note that the data requested are by definition unscientific. Assembling massive quantities of data unscientific at the source does not by alchemy create an aggregation that is scientific. But the DOE intends to treat it as such.

Indeed, the Office of Civil Rights is clear on its plan to use the data to sue for any violation of whatever standards it creates for “equity” in treatment of these sexually labeled children.

Gathering of these data is not identified as an issue by the feds.

Wanna bet?

Among the many changes labeled Revised! or New! (color and bold are in document) in that mandatory data set sits a grenade with the pin pulled.

New! category requires each school to collect and report information on how each student “identifies” as male, female or non-binary. Yes, six-year-olds are included. We would not expect anything else.

Feeling its oats, that same office has posted a request for information targeted to renew the infamous Obama administration “Dear Colleague” letter on the Nondiscriminatory Administration of School Discipline that had been cancelled by Betsy DeVos.

What could possibly go wrong?

Sexual Identity Reporting.

Category Name:    Sex (Membership)—Expanded
Definition An indication that students are either female or male.
Comments Nonbinary refers to a student who does not identify exclusively as male or female.  Nonbinary does not refer to a transgender student who identifies exclusively as either male or female.
Permitted Values
  • Female
  • Male
  • Nonbinary
Data Groups
  • 900 Advanced Placement course by subject enrollment table
  • 901 Advanced Placement course enrollment table
  • 908 Algebra I course enrollment—grade 7-8 Revised!
  • 909 Algebra I course enrollment—high school
  • 911 Algebra I course passing—grades 7-8 Revised!
  • 912 Algebra I course passing—high school
  • 1013 Computer science course enrollment—high school
  • 1031 Data science course enrollment—high school New!
  • 922 Discipline of students with disabilities (IDEA and Section 504) table
  • 923Discipline of students without disabilities table
  • 993Distance education student enrollment table
  • 994 Dual enrollment/dual credit program student enrollment
  • 946 English learner students
  • 947 English learner students in EL programs
  • 931 Gifted/talented program enrollment table
  • 934 Harassment or bullying—students disciplined table
  • 935 Harassment or bullying—students reported as harassed or bullied table
  • 929 High school equivalency exam preparation program participation table
  • 936 International Baccalaureate Programme enrollment table
  • 1036 Interscholastic athletics participants New!
  • 951 Mathematics course enrollment—high school
  • 979 Membership
  • 959 Restraint or seclusion for IDEA students table
  • 960 Restraint or seclusion for non-IDEA students table
  • 963 Retention table
  • 964 SAT or ACT test participation table
  • 966 School days missed due to out-of-school suspensions table
  • 974 Science course enrollment—high school
  • 980 Students with disabilities served under IDEA
  • 981 Students with disabilities served under Section 504 only

Another attachment to the CRDC report requires determinations whether a student is harassed, attacked, etc. because a student “identifies as or is perceived to be transgender, cisgender, or nonbinary”.

Everybody gets to play.

This attachment contains the details of sets of related data entries known as data groups (DG) that are used for the Civil Rights Data Collection (CRDC) collected from state educational agencies (SEA) (VDOE), local educational agencies (LEA) (in Virginia school divisions), and schools.

No one should be surprised that the Biden administration is going this route. The sexualization of children by dividing them into sexual identity groupings is among the highest priorities of the progressive wing of the Democratic party.

The sexual identification data will satisfy the longings (if I can use that word) of the wing of their party desiring acceleration of changes in those identities.

Civil rights? Nonsense.

The DOE wants to divide every child into multiple bins so that the intersectionality mafia has all the data it needs to reassemble them from their demographics. They want data about the economic, racial, heritage, disability and sexual identity characteristics of each child from which they can design more programs to build them into social justice warriors.

The Office of “Civil Rights” will never pause to inquire what price is paid by school administrators, counselors and teachers when it mandates that they inquire about the sexual identities of six year old English Learner students.  Or what their parents may think about the question itself.

Because the Office of Civil Rights simply does not care.

The Virginia Department of Education, put in an untenable position, may wish to get ahead of this with guidelines about how schools and school divisions might collect this information. Good luck.

I recommend that VDOE publish guidelines that each school division:

  • require each school principal alone to make a good faith estimate of the gender preference of each child; and
  • prohibit him from asking any teacher or other school staff; and
  • prohibit the recording of that estimate anywhere other than aggregated in federal reporting; and
  • direct him to use judgement as to whether the estimate can be traced to an individual child because of a small group size and refrain from providing any information other than male or female in that instance; and
  • prohibit asking any child or her parents directly.

Virginia’s Attorney General may wish to sue to stop enforcement of the collection of this impossibly personal and unscientific (feelings not facts) information in Virginia as a threat to both the public schools and public order.

Updated June 3 at 12:25 PM


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Comments

19 responses to “Federal Department of Education to Toss Virginia Schools a Live Grenade”

  1. Kathleen Smith Avatar
    Kathleen Smith

    When I was at VDOE, if the General Assembly added an additional reason why a school could receive an award for educational excellence, then the data folks would have to spend hours reprogramming the data set collected from schools as well as a way of determine what school qualified. Rest assured, those man hours are way more than what was estimated. You have a different language in the data world that cannot be easily translated in English. It has to be translated in if yes, then or if no, then….. exhausting.

    1. James C. Sherlock Avatar
      James C. Sherlock

      But teachers still are stuck with asking the question. In response, they will not ask, just guess. I certainly would. That is falsification of a federal report, but so be it. Zero chance of getting caught.

      That handles the teacher’s problem, but does not receive the school board of the necessity of addressing it as school division policy.

      “Fake it” is unlikely to be published policy. That puts the school boards in the hot seat.

      I have added a new next-to-last paragraph in an attempt to minimize the damage.

  2. Nancy Naive Avatar
    Nancy Naive

    So? Ohio HB 151 just passed will require a genital examination for girls entering sports in K-12. “Okay, Honey. Feet in the stirrups. Just like riding a pony.”

    1. James C. Sherlock Avatar
      James C. Sherlock

      That is an outrageous law if as you characterize it. If signed, I predict it won’t last a month, and should not.

    2. James C. Sherlock Avatar
      James C. Sherlock

      That is an outrageous law if as you characterize it. If signed, I predict it won’t last a month, and should not.

      1. Nancy Naive Avatar
        Nancy Naive

        https://ohiocapitaljournal.com/2022/06/03/gop-passes-bill-aiming-to-root-out-suspected-transgender-female-athletes-with-genital-inspection/

        It’s only a few Republicans that give Nazis a good name…

        Ohio is damned close to Michigan to include little girl genital exams by a “sports” doctor… Nassar anyone?

        Apparently, JAB accidentally removed the wrong post. It included some snark about lawyers.

        Whether it lasts a month or an hour, you could be a little more outraged.

      2. Nancy Naive Avatar
        Nancy Naive

        Oh, it’s not as though every kid is examined… only those “accused” of being a transgender. I think they actually use the word “accused”. Lawyers! Bah!
        “Wow mommy, you should see. Mary runs the 100 yard dash like a boy!”
        “Do you think she might be a boy?”

  3. DJRippert Avatar
    DJRippert

    “Government is not the solution to our problem, government is the problem.”

    “The top 9 most terrifying words in the English Language are: I’m from the government, and I’m here to help.”

    Sounds like the teachers who spend less than half their time teaching will see that percentage slip even further.

    Biden is in mental decline and can’t even fathom the actions his administration is taking.

    1. Matt Hurt Avatar
      Matt Hurt

      There have been some on this blog complain about administrative bloat. Part of the problem is all of the state and federal mandates. Removing the mandates will lessen the need for people to oversee compliance. The worst thing about it is that none of the mandates are inextricably intertwined with things that actually ensure positive results for our kids.

      1. Stephen Haner Avatar
        Stephen Haner

        Fair point.

      2. Nancy Naive Avatar
        Nancy Naive

        Mandates come with money. More money and less oversight leads to abuse… kinda like leaving children alone with the Southern Baptist leadership.

        1. Matt Hurt Avatar
          Matt Hurt

          Most mandates are unfunded.

          1. Nancy Naive Avatar
            Nancy Naive

            Oh… never mind.

          2. Kathleen Smith Avatar
            Kathleen Smith

            Yes indeed, or way underfunded. How many hats do you wear as an administrator in a school? I estimate close to 50.

      3. James C. Sherlock Avatar
        James C. Sherlock

        See the new, next-to-last paragraph that I added as an update.

  4. Stephen Haner Avatar
    Stephen Haner

    Run Trump and these idiots win another four years. I’m telling you people, he’s over and we need to move on.

    1. Nancy Naive Avatar
      Nancy Naive

      Recycle time. “Run Trump! Run!” MAGA Republicans put it on their back bumper. Smart Republicans put it on their front bumper.

  5. James C. Sherlock Avatar
    James C. Sherlock

    For those who commented before 12:25 PM on June 3, See the next to the last paragraph that I added as an update.

  6. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    Oh boy. That is a grenade with no pin to put back in. I hereby nominate President Biden an honorary merit badge.
    https://uploads.disquscdn.com/images/2204cd2bd862e70779cce4e994d35baa3498482be47a4caa6ee5453eb5204647.jpg

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