Updated Information from Executive Orders from January 29

On January 29, 2025, the Trump administration issued two executive orders with significant implications for public schools: “Ending Radical Indoctrination in K-12 Schooling” and “Expanding Educational Freedom and Opportunity for Families.”

The first order would prohibit federal funding for schools that teach “gender ideology and critical race theory in the classroom.” The President would have a list of all the federal funding sources and streams, including grants and contracts, that directly or indirectly support or subsidize instruction of gender ideology and CRT which could include K-12 curriculum, instruction, programs, and activities as well as in K-12 teacher education, certification, licensing, employment, and training. If an LEA, ESA or other entity that receives federal funding is indirectly supporting or subsidizing the instruction, advancement or promotion of gender ideology and CRT then they could have funding rescinded. If an LEA or ESA or an individual school is found to have supported the social transition of a minor while deliberately concealing that transition from a minor’s parents the school would also be at risk of having federal funds rescinded, and there could be legal charges brought against the teacher/school leader.

In navigating the resulting confusion, it's crucial to clearly understand the scope of executive orders and to approach these and other recent actions with careful consideration. Executive orders do not create new laws, amend existing laws, or offer binding legal interpretations for schools to follow. Instead, they direct federal agencies on how the President intends to enforce existing laws. Federal agencies, including the Department of Education’s Office for Civil Rights (OCR), will undoubtedly align their enforcement actions with these directives. However, their authority remains constrained by the text of existing statutes and regulations, as well as by court interpretations of those laws. Without action from Congress or the judiciary, many of the more aggressive interpretations reflected in these executive orders cannot, on their own, alter the legal landscape.

That said, schools should not downplay the significance of these developments. The “Radical Indoctrination” executive order and recent orders addressing DEI and affirmative action may not change the law, but they shape how federal agencies prioritize enforcement, issue guidance, and initiate investigations. School districts should anticipate an immediate increase in enforcement actions from federal agencies aligned with these and other recent orders. Now is the time to review policies, assess compliance risks, and consult legal counsel to understand how these directives may impact federal funding, civil rights obligations, and curriculum decisions. Policies or practices that facilitate a student’s “social transition” of gender identity, especially without parental involvement, incorporate concepts such as “white privilege” or “unconscious bias” in instruction or training, or use affirmative action or preference-based programs will likely face scrutiny.

The second order titled “Expanding Educational Freedom and Opportunity for Families” would direct the Education secretary to issue guidance regarding how States can use federal formula funds to support K-12 educational choice initiatives as well as prioritize educational freedom in the awarding of competitive grants. The Department of Defense would be directed to submit a plan for how military families can use Defense Department funds to send children to schools that could fall outside of the agency’s own school system. The Department of Interior would be ordered to submit a plan on how families who rely on that agency’s Bureau of Indian Education schools can use federal funds to attend the school of their choice. It is not clear what immediate impact this will have and if there is any legal authority for the President to direct federal formula dollars towards educational vouchers/choice.