69传媒

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Title IX, School Choice, 鈥業ndoctrination鈥欌擧ow Trump Took on 69传媒 in Week 2

By Brooke Schultz 鈥 January 31, 2025 8 min read
Republican presidential nominee former President Donald Trump arrives at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla.
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In his second week as president, Donald Trump began wholeheartedly to act on his intentions with education policy鈥攚ith efforts that could fundamentally change the federal government鈥檚 relationship with public schools.

Trump signed two executive orders this week that toe the line of the federal government鈥檚 authority over schools鈥 everyday operations鈥攚ith one that directs several agencies to look into using taxpayer dollars to fund private school tuition, and another threatening to pull federal subsidies from schools that teach about race and gender in ways the administration considers to be 鈥渞adical indoctrination.鈥

Meanwhile, the U.S. Department of Education鈥檚 office for civil rights has been openly telegraphing the kinds of cases it plans to investigate, aligning its enforcement of the nation鈥檚 antidiscrimination laws to the vision Trump has outlined in his first weeks, particularly when it comes to the rights of transgender students and diversity, equity, and inclusion efforts.

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President Donald Trump signs a document in the Oval Office at the White House, Thursday, Jan. 30, 2025, in Washington.
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Education policy experts are seeing signs from these early actions that the second Trump administration is aggressively using the Education Department to advance its agenda鈥攁t least until it moves to fulfill a campaign pledge and dismantle it.

鈥淚 think the White House will be much more engaged in shaping the Education Department鈥檚 agenda and work this time,鈥 Jim Blew, who served in the agency during 罢谤耻尘辫鈥檚 first term, told Education Week earlier this week.

Here鈥檚 a look at what Trump did in his second week.

Trump issues two executive orders focused on the nation鈥檚 K-12 schools

In his first big foray into policymaking focused directly on schools, Trump followed up on promises he made repeatedly on the campaign trail.

罢谤耻尘辫鈥檚 directs a number of federal agencies to look into their ability to use funds they oversee to allow families to attend private schools鈥攊ncluding religious schools鈥攁nd charter schools. Under the order, agency heads have to report back in the coming months on the options they have for doing that and their plans for implementing those options for families starting next fall.

The Education Department has to develop guidance telling states how they can use federal formula funds they receive鈥攕uch as Title I鈥攖o support private school choice, and prioritize school choice in the smaller, discretionary grants it oversees.

School choice was a big priority in the president鈥檚 first term; then-Education Secretary Betsy DeVos pushed hard for federal support for it, but the administration ultimately came up short.

This term, there is more national momentum, with expansive private school choice programs taking effect in many Republican-controlled states, and a more favorable climate in Congress with Republicans closely aligned with the president and controlling both chambers.

However, short of new legislation, there are limits on the education secretary鈥檚 ability to push dollars toward such programs.

With , Trump is using the threat of withholding federal funds to limit how schools talk about racism and gender, in a push that could influence curriculum鈥攁n area over which .

The order seeks to end 鈥渞adical indoctrination鈥 and directs the secretaries of education, defense, and health and human services to work with the U.S. attorney general on an 鈥渆nding indoctrination strategy鈥 by examining funding streams and penning a plan that eliminates funds for schools that 鈥渄irectly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology.鈥

The order follows pledges Trump made on the campaign trail to end federal funding for schools teaching 鈥渃ritical race theory"鈥攁n academic theory that some conservatives have used to describe teaching on race and racism. The executive order cites a number of unfounded claims Trump has made in recent years alleging that schools are taking part in widespread ideological indoctrination of students and that they鈥檙e forcing students to question their gender identity.

A proposed鈥攁nd then rescinded鈥攆ederal funding freeze causes panic for school leaders

The nation鈥檚 school districts were sent into a tailspin this week after the Trump administration sought to indefinitely suspend hundreds of billions of dollars in federal grant funding, creating a frenzy as school officials and policy experts tried to understand what funding streams would be shut off.

The administration seemingly walked back the order less than 48 hours after it was announced, but it still reverberated through schools as a warning there could be more disruptions to federal funding in 罢谤耻尘辫鈥檚 second term.

The funding freeze鈥攚hich could still take effect in the future, though a judge halted it and the administration rescinded the initial memo ordering it鈥攊s part of the administration鈥檚 effort to review spending and align it with the new president鈥檚 orders to eliminate federal diversity, equity, and inclusion initiatives and crack down on programs he says are promoting 鈥済ender ideology.鈥

What comes next remains to be seen: the freeze would trigger a constitutional fight in court over the law that appropriated by Congress.

Read more about the funding freeze. 馃攷

The Education Department鈥檚 office for civil rights broadcasts its intentions by publicizing an early investigation

As Trump broadcasts his larger social policy agenda, the Education Department is carrying it out as it relates to schools and colleges.

In a rare announcement, the department publicized that it had opened a civil rights investigation into the Denver school district over the opening of a gender-neutral bathroom at a city high school. The investigation aligns with 罢谤耻尘辫鈥檚 order that defined sex as 鈥渕ale and female鈥 and rolled back the Biden administration鈥檚 Title IX regulations that expanded the law鈥檚 protections to cover discrimination based on sexual orientation and gender identity.

Typically, the department鈥檚 office for civil rights announces when it has completed an investigation into a claim, not when it opens a new probe.

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The move forecasts that OCR will be one vehicle the administration uses to carry out its aims. The office enforces laws barring discrimination on the basis of sex, race, religion, and disability status. Education secretaries have the flexibility to tell OCR what cases to prioritize, and can issue guidance telling school districts how the office will interpret civil rights and discrimination laws.

The office dismissed book ban complaints in its first week, and scrapped a coordinator position tasked with working with districts facing book challenges.

Read this Education Week explainer on the office for civil rights. 馃攷

Education Department scraps Biden鈥檚 litigated Title IX regulations, reverts to 罢谤耻尘辫鈥檚 from 2020

In a letter to school districts, universities, and others on Jan. 31, the Education Department said it would reinstate 罢谤耻尘辫鈥檚 Title IX regulations from his first term, dropping an effort from the Biden administration to expand the rules to offer more protections to LGBTQ+ students.

Former President Joe Biden鈥檚 Title IX regulations faced immediate opposition from Republicans, and were blocked in roughly half the states following lawsuits from Republican attorneys general. A federal judge in Kentucky ultimately struck them down earlier this month.

The regulation under the Biden administration intended to protect K-12 and university students from discrimination based on sexual orientation and gender identity. It also would have expanded protections for pregnant and postpartum students, offered stronger language about retaliation, and set out new grievance and due-process procedures regarding sexual assault and other harassment claims.

Roughly 3 percent of high school students identify as transgender; 2 percent are questioning their gender identity, and those students face high rates of bullying and depression.

鈥淯nder the Trump administration, the Education Department will champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities in schools, colleges, and universities,鈥 Acting Assistant Secretary for Civil Rights Craig Trainor said in a statement announcing the return to the 2020 rules.

See Education Week鈥檚 tracker of legal action against Biden鈥檚 Title IX regulation. 馃攷

On the heels of the school choice executive order, Education Department strikes two Biden-era charter policies

The Education Department under Trump withdrew two notices from the Biden administration inviting applications for awards from two charter school grant programs, saying the criteria in those notices included 鈥渆xcessive regulatory burdens and promoted discriminatory practices.鈥

Charter schools were one area in which former President Joe Biden changed education policy. Under regulations his administration rolled out in 2022, a new charter school had to conduct a 鈥渘eeds analysis鈥 and show there was a community need for it to qualify for federal startup funds. 69传媒 also had to prove they weren鈥檛 managed by for-profit companies. School choice advocates opposed the regulations, calling them unnecessary hurdles.

The department said it would open new grant competitions to replace the withdrawn notices. And the agency on Friday also said it would release $33 million in grant funds for charter school management organizations that it said the Biden administration had stalled. Grant recipients will be 鈥減rohibited from spending any grant funds on DEI initiatives or race-based discriminatory practices,鈥 according to the department.

Read Education Week鈥檚 2022 story on the Biden administration鈥檚 new charter school grant program regulations. 馃攷

Mark Lieberman, Reporter contributed to this article.

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