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. 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 8 Executive Order Roundup describes multiple EOs, including the following, which are likely to be of particular interest to educational institutions:
- Update: Federal Judge Grants Temporary Restraining Order on Enforcement of Portion of DEI Executive Order (March 27, 2025). On March 27, 2025, a Chicago federal judge granted a temporary restraining order barring the Department of Labor from enforcing part of a Trump executive order targeting diversity, equity, and inclusion (DEI) initiatives. The ruling prevents the Department of Labor from requiring grantees to certify that they do not “operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws” for two weeks while the court considers a longer-term injunction. The judge’s order applies nationally, but its impact is limited to grantees that receive funds from the Department of Labor.
Our Week 9 Executive Order Roundup describes multiple education-related updates, including the following:
- Department of Education to Condition K-12 School Funding on Elimination of DEI Programs (April 3, 2025). On April 3, 2025, the United States Department of Education issued a notice entitled “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification Under Title VI and SFFA v. Harvard.” The notice advises that the Department may revoke K-12 public school districts’ Title I funding—federal funding for K-12 districts with a high percentage of low-income students—unless the districts certify compliance with federal antidiscrimination laws. Specifically, the notice states the Department’s position that “the use of Diversity, Equity, & Inclusion (“DEI”) programs to advantage one’s race over another” violates antidiscrimination law.
- U.S. Department of Education and Department of Justice Announce Title IX Special Investigations Team (April 4, 2025). On April 4, 2025, the U.S. Department of Education and Department of Justice announced the creation of a joint “Title IX Special Investigations Team” (SIT) comprised of investigators from across each Department’s offices. The stated purpose of the Title IX SIT is to streamline investigations into the uptick of Title IX claims that the Trump administration attributes to what it describes as the “pernicious effects of gender ideology in school programs and activities.” The Title IX SIT will enforce Title IX consistent with President Trump’s Executive Orders entitled “Keeping Men out of Women’s Sports” and “Defending Women from Gender Ideology Extremism.”
- Supreme Court Allows Trump Administration to Freeze $65 Million in Department of Education Teacher Training Grants (April 4, 2025). The U.S. Supreme Court, in a 5-4 decision, granted the Trump administration’s emergency request to vacate a Massachusetts federal judge’s temporary restraining order requiring the U.S. Department of Education to reinstate $65 million in teacher training grants to eight states (California, Colorado, Illinois, Maryland, Massachusetts, New Jersey, New York and Wisconsin). The grants, issued the under the Teacher Quality Partnership (TQP) and Supporting Effective Educator Development (SEED) programs, support teacher preparation in underserved areas. The Department of Education terminated all but five of the existing 109 grants in early February because it found that recipients used the funds for unlawful diversity, equity and inclusion programs. The Supreme Court ruled that the district court likely lacked jurisdiction under the Administrative Procedure Act, and the case instead falls under the Tucker Act, which directs disputes about contracts with the U.S. government to the U.S. Court of Federal Claims. The Court also found that the states indicated that they have enough money to be able to continue their programs without the federal funding while the litigation moves forward.
