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President Trump’s Executive Order Regarding the U.S. Department of Education

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President Trump’s Executive Order Regarding the U.S. Department of Education
By Zachary Keita, NAfME Public Policy and Advocacy Communications Manager
In the early days of his administration, President Donald J. Trump has taken significant action to push forward his vision for the U.S. Department of Education and the federal role in education. Beginning on January 20, 2025, the administration has issued a series of executive orders and agency memos that would eliminate all federal government diversity, equity, inclusion, and access (DEIA) practice, freeze all disbursements of federal funding (excluding formula funded programs), expand school choice, and end “racial indoctrination in K–12 schooling.”
“Ending Radical and Wasteful Government DEI Programs and Preferencing”
On January 20, the White House released an executive order (EO) titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which called for the “termination of all discriminatory programs, including illegal DEI and diversity, equity, inclusion, and accessibility (DEIA) mandates, policies, programs, preferences, and activities in the federal government.” The order goes on to direct all leaders of federal agencies, departments, or commissions to “terminate, to the maximum extent allowed by law, all DEI, DEIA, and environmental justice offices and positions; all equity action plans, equity actions, initiatives, or programs, equity-related grants or contracts.”
In accordance with the Executive Order, the U.S. Department of Education (ED) issued a press release on January 23, titled “U.S. Department of Education Takes Action to Eliminate DEI.” Within the press release, ED outlined the following steps that have been, or will be, taken to stay in line with the administration’s directives:
Department of Education Actions to Eliminate DEI
- Dissolution of the Department’s Diversity & Inclusion Council;
- Dissolution of the Employee Engagement Diversity Equity Inclusion Accessibility Council (EEDIAC) within the Office for Civil Rights (OCR);
- Cancellation of ongoing DEI training and service contracts which total over $2.6 million;
- Withdrawal of the Department’s Equity Action Plan;
- Placement of career Department staff tasked with implementing the previous administration’s DEI initiatives on paid administrative leave; and
- Identification for removal of over 200 web pages from the Department’s website that housed DEI resources and encouraged schools and institutions of higher education to promote or endorse harmful ideological programs.
Federal Funding Freeze: Halted
On January 27, the Office of Management and Budget (OMB) issued a memo calling for a spending freeze on federal assistance by end of day on January 28. Within the memo, OMB directed federal agencies to “review all programs and supporting activities to ensure they are in line with the President’s policies and requirements.” Programs unaffected by the freeze would have included Social Security and Medicare, Titles I and IV-A of the Elementary and Secondary Education Act (ESSA), and “any program that provides direct benefits to Americans.” Before the funding freeze could take effect, a federal judge from the Washington, DC, District Court issued a temporary pause on the freeze, allowing federal funding to be dispersed. Ultimately, OMB rescinded the funding freeze memo, but White House Press Secretary Karolina Leavitt later posted on social media that “This is NOT a rescission of the federal funding freeze.” She added that the executive orders on federal funding “remain in full force and effect, and will be rigorously implemented.”
“Ending Radical Indoctrination in K–12 Schooling”
On January 29, the administration also released a memo titled “Ending Radical Indoctrination in K–12 Schooling” which outlined the President’s vision for a K–12 education system that “instills a patriotic admiration for our incredible Nation and the values for which we stand.” The EO provides definitions for “discriminatory equity ideologies” and “social transition.” The EO goes on to direct the Secretaries of Education, Defense, and Health and Human Services to develop strategies “eliminating Federal funding or support for illegal and discriminatory treatment and indoctrination in K–12 schools, including based on gender ideology and discriminatory equity ideology.”
“Expanding Educational Freedom and Opportunity for Families”
On January 29,, President Trump signed an EO titled “Expanding Educational Freedom and Opportunity for Families.” Within the EO, the President outlined his vision for expanding educational freedom, which focused on “allowing families—rather than government—to choose the best educational setting for their children.” The EO extended beyond the U.S. Department of Education, directing several federal agencies to develop plans for expanding, and funding, “universal K–12 scholarship programs.”
Actions to Expand Educational Freedom and Opportunity
- Guidance on Supporting State-Based K–12 Educational Choice
- Directs the U.S. Secretary of Education to issue guidance regarding how States can use Federal formula funds to support K–12 educational choice initiatives.
- Encouraging Education Freedom through Discretionary Grant Programs
- Directs the U.S. Secretary of Education to include education freedom as a priority in discretionary grant programs, as appropriate and consistent with applicable law.
- Directs the U.S. Secretary of Labor and the U.S. Secretary of Education to review their respective discretionary grant programs and each submit a plan to the President that identifies, evaluates, and makes recommendations regarding using relevant discretionary grant programs to expand education freedom for America’s families and teachers.
- Expanding Opportunities for Low-Income, Working Families
- Directs the U.S. Secretary of Health and Human Services to issue guidance regarding whether and how States receiving block grants for families and children from the Department, can use them to expand educational choice and support educational alternatives, including private and faith-based options.
Dismantling the Department of Education
On February 3, news of a potential EO to dismantle ED began circulating around Washington, DC. The order would not explicitly close ED (as that would require congressional approval); instead, the Wall Street Journal reports the order would “shut down all functions of the agency that aren’t written explicitly into statute or move certain functions to other departments.” Timing on the release of this EO is unknown, but advocates expect the White House to hold off at least until President Trump’s ED Secretary nominee, Linda McMahon, has been confirmed. At the time of publishing, a confirmation hearing date had not yet been finalized.
The executive branch can take action to limit programs/funding within ED but would require congressional approval to fully abolish the department. Members of Congress have introduced bills such as the “Returning Education to Our States Act” (S.5384) introduced by Senator Mike Rounds (SD) and “To Terminate the Department of Education” (H.R.899) introduced by Representative Massie Ritsch (KY-04). If passed, these bills would result in the full abolition of the ED and redistribute funding to other federal agencies.
Conclusion
The new administration is working quickly to push forward its vision for the federal role in education. With the recent flurry of executive action, lawmakers and political advocates alike are unsure of how these EOs may impact educators, students, and students’ families at the school level. NAfME will continue to monitor further developments and provide our members relevant updates as more information becomes available.
Published Date
February 4, 2025
Category
- Advocacy
- Advocacy
- Diversity, Equity, Inclusion, and Access (DEIA)
- Federal Advocacy & Public Policy
Copyright
February 4, 2025. © National Association for Music Education (NAfME.org)