Since taking office, President Trump has issued a series of executive orders, several of which have direct implications for public agencies, including institutions of public education. Our firm has published special bulletins analyzing these executive orders and their potential impact on our clients.
Below are some recent executive orders issued in late January that may be of particular interest to institutions of public education:
- Executive Order: Protecting the American People Against Invasion. On January 20, 2025, President Donald Trump signed this Executive Order (EO), which makes significant changes to U.S. immigration enforcement. View our special bulletin here.
- Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity. On January 21, 2025, President Trump issued this Executive Order (EO), effectively prohibiting federal agencies, contractors, subcontractors, and federal grant recipients from implementing policies that allow for race- or sex-based preferences. Within 120 days of the January 21, 2025 EO, the U.S. Attorney General and Secretary of Education will issue guidance to all State and local educational agencies that receive federal funds, and educational institutions that receive federal grants or participate in federal student loan assistance under Title IV of the Higher Education Act to ensure that such institutions comply with the mandates of the EO, and do not promote race- or sex-based preferences in their policies. View our special bulletin here.
- Executive Order: Ending Radical Indoctrination in K-12 Schooling. On January 29, 2025, President Trump signed this Executive Order, which outlines policies addressing ideological content in education. The EO also directs the Attorney General to collaborate with state and local prosecutors to enforce laws against school officials who engage in unlawful medical practices, conceal information from parents, or promote “social transitions” (i.e., the process of adopting a “gender identity” or “gender marker” that differs from a person’s sex) without parental consent. View our special bulletin here.
- Executive Order: Additional Measures to Combat Anti-Semitism. On January 29, 2025, President Trump issued this Executive Order (EO), which reinforces prior federal efforts to address anti-Semitic discrimination, particularly in educational institutions. President Trump also issued a fact sheet to accompany the EO. This EO directs the Departments of Education, Justice, State, and Homeland Security to report within 60 days on civil and criminal enforcement measures available to address anti-Semitic discrimination at colleges and universities. Additionally, these agencies must develop recommendations for monitoring and reporting activities by foreign students and staff at institutions of higher education who may fall under the grounds for inadmissibility under U.S. immigration law. View our special bulletin here.
Weekly Executive Order Roundups.
In light of the volume and rapid issuance of executive orders, beginning in early February, LCW launched a weekly roundup of new executive orders that may impact public agency clients, including those in public education. Our Week 1 Executive Order Roundup describes multiple EOs, including the following, which are likely to be of particular interest to educational institutions:
- Executive Order: Keeping Men Out of Women’s Sports. On February 5, 2025, President Trump issued an Executive Order (EO) restricting participation in women’s sports to individuals assigned female at birth. The EO directs federal agencies to review and potentially rescind funding from noncompliant educational programs. It also references broader federal grant restrictions outlined in EO 14168 (Defending Women from Gender Ideology Extremism), which requires agencies to ensure federal funds do not support “gender ideology.” The White House also published a Fact Sheet to aid in the implementation of its Order.
- DOJ Memorandum: Ending Illegal DEI and DEIA Discrimination and Preferences. On February 5, 2025, Attorney General Pam Bondi issued a DOJ memorandum directing the Civil Rights Division to investigate and penalize illegal diversity, equity, and inclusion (DEI) programs in federally funded educational institutions and the private sector. The memo builds on EO 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity), which effectively prohibited federal government agencies, contractors, and federal grant recipients from instituting policies that allow for race- or sex-based preferences and specifically disapproved of diversity, equity, and inclusion (DEI) practices.
Our Week 2 Executive Order Roundup describes additional legal updates, including the following, which affect educational institutions:
- S. Department of Education Dear Colleague Letter on Race-Based Discrimination. On February 14, 2025, the Department of Education issued a Dear Colleagues Letter reaffirming that schools receiving federal funds cannot discriminate based on race, color, or national origin. The letter states that race-based classifications in admissions, hiring, promotion, compensation, financial aid, scholarships, discipline, housing, and all aspects of campus life must meet strict scrutiny and that diversity, social justice, and equity are not compelling interests under federal law. The letter further clarifies that institutions cannot circumvent this prohibition by using personal essays, writing samples, extracurricular activities, or other indirect indicators to determine an applicant’s race and favor or disfavor students accordingly. The letter also warns against using non-racial factors as proxies for race, such as zip codes, high school demographics, or family background, in decision-making processes.
- Executive Order: Ending COVID-19 Vaccine Mandates in Schools. On February 15, 2025, President Trump issued this Executive Order, which prohibits federal discretionary funding for schools that require COVID-19 vaccinations for in-person attendance. The Secretary of Education must issue guidelines clarifying schools’ obligations regarding parental authority, religious freedom, disability accommodations, and equal protection. Within 90 days, the Department must identify federal grants to non-compliant institutions and develop a plan to end COVID-19 vaccine mandates.
Our Week 3 Executive Order Roundup describes additional legal updates, including the following, which is relevant to institutions of public education:
- Update: Federal Judge Blocks Enforcement of DEI Executive Orders. On February 21, 2025, a U.S. District Judge in Baltimore granted a preliminary injunction blocking the enforcement of two Executive Orders targeting diversity, equity, and inclusion (DEI) activity among federal agencies and recipients of federal funding. Specifically, the injunction blocks three key provisions of two Orders issued by President Trump in his first days in office: (1) a provision that required federal agencies to terminate “equity-related grants or contracts,” (2) a provision that required federal contractors and subcontractors to certify that they do not operate unlawful DEI programs, and (3) a provision directing the Attorney General to enforce civil rights laws against DEI programs in the private sector.
