In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our education clients.

Revised Executive Order 13899 – Combatting Anti-Semitism

On January 29, 2025, President Trump issued additional measures to Executive Order 13899, which was first issued in December 2019 during his first administration to ensure that schools would protect Jewish Americans to the same extent to which all other American citizens are protected. The revised executive order claims that the Biden administration effectively nullified the original order and that additional measures were required in the wake of the Hamas terrorist attacks on October 7, 2023. The revised executive order promises to vigorously combat anti-Semitism using all available tools to “prosecute, remove or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence.”

Of note, within 60 days of the executive order, all executive departments and agencies are to provide to the president an inventory and analysis of all pending court cases and administrative complaints against or involving institutions of higher education alleging civil rights violations related to or arising from post-October 7, 2023 anti-Semitism that occurred at K-12 schools, and college and university campuses.

Significantly, the same executive order requires governmental agencies to include in the aforementioned reports recommendations for familiarizing higher education institutions with the grounds for permissible monitoring of activities violative of this order by non-U.S. citizen students and staff, and where appropriate and consistent with applicable law, the investigation and removal of such individuals. In the accompanying fact sheet to the executive order, the president vowed to “quickly cancel the student visas of all Hamas sympathizers on college campuses.”

Executive Order 13958 - Ending Radical Indoctrination in K-12 Schooling

On January 29, 2025, President Trump ordered the secretary of education, the secretary of defense, and the secretary of health and human services, in consultation with the attorney general, to provide an “Ending Indoctrination Strategy” for K-12 schools, which is to include a plan for: (a) eliminating federal funding for schools that support illegal and discriminatory treatment, including that which is based on gender ideology and discriminatory equity ideology, and (b) protecting parental rights under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). While the executive order incorporates by reference the definitions set forth in the president’s previous executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the executive order also defines “discriminatory equity ideology” as an ideology that treats individuals as members of preferred or disfavored groups, rather than as individuals, and minimizes agency, merit, and capability in favor of “immoral generalizations.” An enumerated list of such “immoral generalizations” can be found here.  

The plan submitted must contain a summary and analysis of all federal funding sources or streams, including grants or contracts, that directly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology in any school curriculum, instruction, program, or activity as well as in any K-12 teacher education, certification, licensing, employment, or training. Notably, the plan must also address a process for rescinding funds being used by an educational service agency (ESA), local educational agency (LEA), and state educational agency (SEA), elementary or secondary school that directly or indirectly supports or subsidizes: the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology; the social transition of a minor student, including through school staff or teachers or through deliberately concealing the minor’s social transition from the minor’s parents; or interference with a parent’s right to information under PPRA or FERPA, or a violation of Title VI or Title IX.

The order also reestablishes the 1776 Commission, originally created under the president’s first term in November 2020, and later terminated by President Biden a few months later, to promote patriotic education, including the coordination of bi-weekly lectures regarding the 250th anniversary of American independence.

Finally, the order requires all K-12 schools that receive federal funds to hold an educational program on the United States Constitution on September 17^th every year and verify their compliance with the same.

Dear Colleague Letter re Title IX Enforcement

Although many educational institutions never implemented the 2024 Title IX regulations due to the numerous lawsuits challenging such regulations, the Office of Civil Rights of the Department of Education has now made clear in its February 4, 2025 Dear Colleague Letter (which replaced the similar January 31, 2025 Dear Colleague issued on the same topic) that it will enforce Title IX only under the provisions of the 2020 Title IX Rule, and that all open Title IX investigations initiated under the 2024 Title IX Rule should be immediately “reevaluated to ensure consistency with the requirements of the 2020 Title IX Rule.”

Some of the most significant issues impacted by this change include that the 2020 Title IX Rule does not allow for the single investigator model allowed under the 2024 regulations, reinstituting a rule that requires a formal hearing for alleged violations of Title IX. The elimination of the single investigator model will allow individuals accused of sexual assault to cross-examine their accuser in formal proceedings, a decision that critics claim will have a chilling effect on victims willing to report their assailants. The 2020 Title IX rule also does not include the protections for transgender students, including inclusive bathroom and locker room policies, set forth in the 2024 regulations.

As the executive orders and directives impacting educational institutions are currently changing at a rapid pace and might face challenges on First Amendment and other grounds, we encourage you to consult with counsel regarding implementation of changes in connection with these issues and we will continue to monitor ongoing developments.