Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Principal, Helwink Legal Group, PLLC
Jonathan served as an attorney at the U.S. Department of Education during the first Trump administration and is currently principal at Helwink Legal Group, PLLC.
Visiting Lecturer in Formal Organizations, Trinity College
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
Will Skillman Fellow in Education, Center for Education Policy, The Heritage Foundation
Jonathan Butcher is the Will Skillman Fellow in Education at The Heritage Foundation. He is the author of Splintered: Critical Race Theory and the Progressive War on Truth (Bombardier Books, April 2022). He co-edited and wrote chapters in The Critical Classroom (The Heritage Foundation, 2022), discussing the racial prejudice that comes from the application of critical race theory in K-12 schools. In 2021, South Carolina Gov. Henry McMaster nominated Jonathan to serve on the board of the South Carolina Public Charter School District, a statewide charter school authorizer. He has researched and testified on education policy around the U.S.
Jonathan co-edited and wrote chapters in the book The Not-So-Great Society, which provides conservative solutions to the problems created by the ever-expanding federal footprint in preschool, K-12, and higher education.
In 2018 the Federal Commission on School Safety cited comments from his testimony in the commission’s final report. He has appeared on local and national TV outlets, including C-SPAN, Fox News, and HBO’s Vice News Tonight, and he has been a guest on many radio programs. His commentary has appeared nationally in places such as the Wall Street Journal, Education Week, National Review Online, Newsweek.com, and Forbes.com, along with newspapers around the country.
In 2017 he was a co-recipient of the State Policy Network’s Bob Williams Award for Most Influential Research for a proposal to protect free speech on campus, alongside Stanley Kurtz of the Ethics and Public Policy Center and Jim Manley of the Goldwater Institute.
Jonathan previously served as the education director at the Goldwater Institute, where he remains a senior fellow. He was a member of the Arizona Department of Education’s first Steering Committee for Empowerment Scholarship Accounts, the nation’s first education savings account program. He is also a Senior Fellow with The Beacon Center of Tennessee, a nonpartisan research organization, and a contributing scholar for the Georgia Center for Opportunity.
Prior to joining Goldwater, Jonathan was the director of accountability for the South Carolina Public Charter School District. Jonathan previously studied education policy at the Department of Education Reform at the University of Arkansas and worked with the School Choice Demonstration Project, the research team that evaluated voucher programs in Washington, D.C. and Milwaukee, Wisc.
Jonathan holds a B.A. in English from Furman University and an M.A. in economics from the University of Arkansas.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
President, Thomas B. Fordham Institute
Michael J. Petrilli is president of the Thomas B. Fordham Institute, research fellow at Stanford University’s Hoover Institution, executive editor of Education Next, editor in chief of the Education Gadfly Weekly, host of the Education Gadfly Show podcast, and a contributor at Forbes.com. An award-winning writer, he is the author of The Diverse Schools Dilemma, editor of Education for Upward Mobility, and co-editor of How to Educate an American and Follow the Science to School. An expert on charter schools, school accountability, evidence-based practices, and trends in test scores and other student outcomes, Petrilli has published opinion pieces in the New York Times, Washington Post, Wall Street Journal, Bloomberg, and Slate, and appears frequently on television and radio. Petrilli helped to create the U.S. Department of Education’s Office of Innovation and Improvement and the Policy Innovators in Education Network, and serves on the board of the Association of American Educators Foundation. He lives with his family in Bethesda, Maryland.
Director of Research, National Association of Scholars
David Randall is director of research at the National Association of Scholars (NAS). He has co-authored The Irreproducibility Crisis of Modern Science: Causes, Consequences, and the Road to Reform (2018), as well as articles on the irreproducibility crisis for The Wall Street Journal and The Hill. He has also written reports for the NAS on civics education, social justice education, college common readings, and the College Board’s Advanced Placement European History examination. His academic works include The Concept of Conversation: From Cicero’s Sermo to the Grand Siècle’s Conversation (2018) and The Conversational Enlightenment: The Reconception of Rhetoric in Eighteenth-Century Thought (2019).
David earned a Ph.D. in history from Rutgers University, an M.F.A. in fiction writing from Columbia University, a master’s degree in library science from the Palmer School at Long Island University, and a B.A. from Swarthmore College. Prior to working at NAS he was the sole librarian at the John McEnroe Library at New York Studio School, where he secured a number of grants for the school’s Lecture Series Archive Digitization Project.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Director, Center for Education Policy and Mark A. Kolokotrones Fellow in Education, The Heritage Foundation
As director of the Center for Education Policy at The Heritage Foundation, Lindsey Burke oversees Heritage’s research and policy on issues pertaining to preschool, K-12, and higher education reform. Burke’s research has been presented at academic conferences and published in peer-reviewed journals including Social Science Quarterly, Educational Research and Evaluation, and the Journal of School Choice, and her commentary and op-eds have appeared in numerous magazines and newspapers. She is a frequent guest on radio and television shows and speaks on education reform issues across the country and internationally. She has published evaluations of education choice options for public policy foundations across the country and has done extensive work shaping and evaluating education savings accounts (ESAs).
In 2021, Burke was tapped to join Governor-elect Glenn Youngkin’s transition steering committee and was also appointed to serve on the Youngkin landing team for education. Burke was also appointed by Governor Youngkin to serve on the Board of Visitors for George Mason University. Her term runs from July 1, 2022 to June 30, 2026.
Burke also serves as a fellow at EdChoice, the namesake foundation of Milton and Rose Friedman, on the national advisory board of Learn4Life, a network of public charter schools serving “opportunity youth,” on the board of the Educational Freedom Institute, on the advisory board of the Independent Women’s Forum’s Education Freedom Center, and as a Trustee of Choice Media.
In 2015, Burke won Heritage’s prestigious W. Glenn and Rita Ricardo Campbell Award in recognition of her work fighting for expanded education choice options. The award is given annually to a policy expert who has made “an outstanding contribution to the analysis and promotion of a free society.”
Burke holds a bachelor's degree in politics from Hollins University in Roanoke, VA, and a master of teaching degree in foreign language education from the University of Virginia. She earned her Ph.D. in education policy from George Mason University, where she examined the intersection of education choice and institutional theory.
Senior Scholar, Manhattan Institute; Professor of Law Emerita, University of San Diego
Gail Heriot is a Senior Scholar at the Manhattan Institute, a Professor of Law Emerita at the University of San Diego and the Chairman of the Board of the American Civil Rights Project. She served on the U.S. Commission on Civil Rights for 18 years. Her new book is entitled “Why We Walk on Eggshells: How Our Civil Rights Laws Stifle Our Public Discourse.”
Former Assistant Secretary for Civil Rights, U.S. Department of Education; Former Chair, U.S. Commission on Civil Rights
Catherine E. Lhamon served as Assistant Secretary of Education for Civil Rights from November 17, 2021 to January 20, 2025. Before that, she served as the Chair of the U.S. Commission on Civil Rights. President Obama appointed Lhamon to a six-year term on the Commission on December 15, 2016, and the Commission unanimously confirmed the President’s designation of Lhamon to chair the Commission on December 28, 2016. Lhamon also serves in the cabinet of California Governor Gavin Newsom, where she has been Legal Affairs Secretary since January 2019. Lhamon previously litigated civil rights cases at the National Center for Youth Law.
Before coming to the Commission, Lhamon served as the Assistant Secretary for Civil Rights at the U.S. Department of Education until January 2017. President Obama nominated her to the Assistant Secretary for Civil Rights position on June 10, 2013, and she was unanimously confirmed by the U.S. Senate on August 1, 2013. Immediately prior to joining the Department of Education, Lhamon was director of impact litigation at Public Counsel, the nation’s largest pro bono law firm. Before that, she practiced for a decade at the ACLU of Southern California, ultimately as assistant legal director.
Earlier in her career, Lhamon was a teaching fellow and supervising attorney in the Appellate Litigation Program at Georgetown University Law Center, after clerking for The Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit. In 2016, Politico Magazine named Lhamon one of Politico 50 Thinkers Transforming Politics and the National Action Network honored Lhamon with their Action & Authority Award. In 2015, Yale Law School named Lhamon their Gruber Distinguished Lecturer and the Association of University Centers on Disabilities awarded Lhamon their Special Recognition Award. Chronicle of Higher Education named Lhamon to their 2014 Influence List as the Enforcer. The Daily Journal listed her as one of California’s Top Women Litigators in 2010 and 2007, and as one of the Top 20 California Lawyers Under 40 in 2007. In 2004, California Lawyer magazine named Lhamon Attorney of the Year for Civil Rights.
Lhamon received her J.D. from Yale Law School, where she was the Outstanding Woman Law Graduate, and she graduated summa cum laude from Amherst College.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair, Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Accreditation of Higher Education: A Primer
Robert S. Eitel, Jonathan Helwink, Adam Kissel, Sarah Parshall Perry
Unlike most nations, the United States eschews centralized control over its system of higher...
Can the President Shut Down the Department of Education?
Jonathan Butcher, Robert S. Eitel, Michael J. Petrilli, David Randall, Kent D. Talbert
On March 20, President Trump signed E.O. 14242, Improving Education Outcomes by Empowering Parents, States, and Communities,...
Is Efficiency Desirable in Civil Rights Enforcement?
Lindsey Burke, Gail L. Heriot, Catherine E. Lhamon, R. Shep Melnick, William E. Trachman
The Trump Administration may bring significant changes to civil rights enforcement in the executive branch....
The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers
Kent D. Talbert, Robert S. Eitel
Note from the Editor: This paper examines the U.S. Department of Education’s administration of the...