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 28 Executive Order Roundup describes the following education-related update:
On August 14, 2025, U.S. District Judge Stephanie Gallagher blocked the Department of Education from enforcing two memos that conditioned funding on schools’ certification that they do not operate unlawful diversity, equity, and inclusion (DEI) programs.
The first memo, a Dear Colleague Letter issued on February 14, 2025, clarified the Department’s position that it is unlawful for educational institutions to consider race in nearly all aspects of academic and campus life. The letter also warned that schools that violate that obligation may lose federal funding. The second notice, dated April 3, 2025, stated that state education agencies and local education agencies must sign and return a certification to the Department certifying that they do not operate unlawful DEI programs in order to preserve their federal financial assistance.
The Trump administration has been prohibited from enforcing the memos since April, when three district courts issued temporary injunctions related to the memos.
In issuing a permanent injunction, Judge Gallagher reasoned that the Department did not issue either action in accordance with the procedural requirements of the Administrative Procedure Act. She also found that both actions run afoul of constitutional rights, in part because they risked constraining educators’ free speech rights in the classroom.
The ruling will not lead to immediate changes for schools or colleges, as the Department has not been enforcing the memos since April.
Our Week 30 Executive Order Roundup describes the following education-related update:
On August 28, 2025, President Trump issued a memorandum directing the Attorney General to investigate whether federal grant funds are being “illegally used to support lobbying activities and to take appropriate enforcement action.”
The memorandum focuses on the use of federal funds for grants with political overtones, which, according to the administration, raises concerns that grantees are unlawfully using the funds for lobbying or political advocacy. The Fact Sheet accompanying the memorandum provides examples of grants that the administration intends to investigate, including the U.S. National Science Foundation funding a grant to advance racial justice in elementary mathematics.
The memorandum directs the Attorney General to provide a report on her investigation to the President within 180 days. Thus, the memorandum will not have an immediate impact on the availability of federal funds.
On August 21, 2025, the Ninth U.S. Circuit Court of Appeals denied the Trump administration’s request to stay a June 2025 preliminary injunction that required the federal government to reinstate terminated research grants to the University of California (UC). The administration initially froze the grants pursuant to President Trump’s January 20th Executive Order targeting funding related to diversity, equity, inclusion (DEI), and environmental justice.
The Ninth Circuit dismissed the government’s arguments that the terminations were discretionary and insulated from judicial review. The court emphasized that under federal regulations, executive agencies cannot arbitrarily cut funding without clear reasoning. The court also reasoned that the selective targeting of DEI and environmental justice projects amounted to unconstitutional viewpoint-based restrictions.
The order will not have an immediate impact on the UCs, as the administration has been prohibited from freezing the funds since June.