Recently, President Donald J. Trump has signed executive orders, and several federal agencies have issued communications, addressing various policy areas, including K-12 education. While executive orders primarily guide federal agencies, they often indicate broader policy priorities that may impact schools and educational institutions. Given that several recent orders impact the U.S. Department of Education or discuss K-12 education, we are providing a summary and links to these executive orders and communications.

Executive orders

Executive Order 14168 - Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government 

Executive Order (EO) 14168 defines seven terms, including sex, woman/women/girl(s), men/man/boy(s), female, male, gender identity, and gender ideology. “Sex” is defined in the EO as “an individual’s immutable binary biological classification as either male or female” that is determined at conception. The concept of “gender identity” is specifically excluded from the definition.  

In addition to defining these terms, EO 14168 directs federal agencies and all federal employees to: 

  • Use the definitions provided in the EO when “interpreting or applying statutes, regulations, or guidance.” 
  • Use the term “sex” and not “gender” in all applicable federal policies and documents.  
  • Remove any internal or external documents that promote or otherwise “inculcate gender ideology.” The EO directs federal agency heads to rescind any guidance documents inconsistent with its requirements, and identifies 11 specific documents issued by the U.S. Department of Education that should be rescinded in whole or in part. 
  • Take all necessary steps, as permitted by law, to end the federal funding of gender ideology. 
  • Take appropriate action to ensure that intimate spaces designated for women, girls or females (or for men, boys or males) are designated by sex and not identity. 

Federal agencies are required to provide an update in 120 days on their efforts to implement the EO. 

EO 14168 also directs the U.S. attorney general to immediately issue guidance to federal agencies to “correct the misapplication” of the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020) to sex-based distinctions in agency activities.  

Executive Order 14173 - Ending Illegal Discrimination And Restoring Merit-Based Opportunity 

Executive Order (EO) 14173 requires all federal agencies to: 

  • Enforce longstanding civil-rights laws. 
  • Combat illegal private-sector diversity, equity and inclusion (DEI) preferences, mandates, policies, programs and activities. 
  • Terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders and requirements.
  • Take “all appropriate action” with respect to the operations of their agencies to advance in the private sector a policy that promotes “individual initiative, excellence and hard work.” 
  • Include in future contracts or grant awards a term that requires a federal contractor or grant recipient to certify that they do not “operate any programs promoting DEI that violate any applicable federal anti-discrimination laws.”

EO 14173 revokes several prior executive orders, including EO 11246, which was issued on Sept. 26, 1965, and prohibited federal contractors from discriminating against employees because of race, color, religion, sex, or national origin. EO 11246 also required federal contractors to take affirmative action to ensure that applicants and employees received equal opportunities regardless of these characteristics. 

EO 14173 also directs the Office of Federal Contract Compliance Programs to “immediately cease: (A) Promoting ‘diversity’; (B) Holding federal contractors and subcontractors responsible for taking ‘affirmative action’; and (C) Allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”  

Finally, EO 14173 requires the U.S. attorney general to submit a report containing recommendations for enforcing federal civil rights laws and taking other appropriate measures to “encourage the private sector to end illegal discrimination and preferences, including DEI.”  

Executive Order 14188 - Additional Measures to Combat Anti-Semitism 

Executive Order 14188 sets forth the measures the Executive Branch will take to combat anti-Semitism. These measures include a requirement that the head of each federal agency submit a report to the president that identifies all civil and criminal authorities or actions within the jurisdiction of that agency that might be used to curb or combat anti-Semitism. The report submitted by the Secretary of Education must include an inventory and analysis of all Title VI complaints and administrative actions, including in K-12 education, related to anti-Semitism – pending or resolved after October 7, 2023 – within the Department’s Office for Civil Rights. 

Executive Order 14190 - Ending Radical Indoctrination in K-12 Schooling 

Executive Order 14190 directs the Secretary of Education, and several other members of the Cabinet, to consult with the Attorney General to provide an “Ending Indoctrination Strategy” concerning certain practices within education, including “gender ideology” and “discriminatory equity ideology.” The strategy should include recommendations and a plan for:

  • Eliminating federal funding or support for illegal and discriminatory treatment and indoctrination in K-12 schools.
  • Protecting parental rights pursuant to FERPA and PPRA with respect to K-12 policies or conduct related to the EO.

The strategy should also contain a summary and analysis of:

  • Federal funding sources that directly or indirectly support or subsidize the instruction, advancement or promotion of gender ideology or discriminatory equity ideology in K-12 curriculum, instruction, programs, or activities or in K-12 teacher education, certification, licensing, employment, or training.
  • Each agency’s process to prevent or rescind federal funds, to the maximum extent consistent with applicable law, from being used by any educational service agency, state or local educational agency, or elementary or secondary school to directly or indirectly support or subsidize the social transition of a minor student, interference with parents’ federal statutory right to information regarding school curriculum, records, physical examinations, surveys or other matters under PPRA or FERPA, or a violation of Title VI or Title IX.

EO 14190 requires the attorney general to coordinate with state attorneys general and local district attorneys in their efforts to enforce the law and file appropriate actions against K-12 teachers and school officials who violate the law by sexually exploiting minors, unlawfully practicing medicine by offering diagnoses and treatment without the requisite license, or otherwise unlawfully facilitating the social transition of a minor student.

EO 14190 also reestablishes, within the Department of Education, the President’s Advisory 1776 Commission to promote patriotic education, and requires that relevant agencies monitor compliance of a federal law requiring each educational institution receiving federal funds to hold an educational program on the United States Constitution on Sept. 17 of each year.

Executive Order 14191 - Expanding Educational Freedom and Opportunity for Families 

Executive Order 14191 directs the secretaries of several U.S. departments, within 90 days of the date of the EO, to take steps to expand education choice. The EO directs the secretaries of:

  • Education to issue guidance on how states can use federal formula funds, such as Title I funds, to support the initiatives, and include education freedom as a priority in discretionary grant programs, as appropriate and consistent with applicable law.
  • Both Education and Labor to review discretionary grant programs and submit a plan to the Assistant to the President for Domestic Policy, identifying how those programs can be used to expand educational freedom for families and teachers.
  • Health and Human Services to issue guidance on whether states receiving block grants can use those to expand educational choice and support families who choose school alternatives other than governmental entities.
  • Defense to review any available mechanisms under which military-connected families may use funds from the Department of Defense to attend their schools of choice, including private schools, submitting a plan to the President with steps for implementation beginning in the 2025-2026 school year.
  • Interior to review available mechanism under which families of students eligible to attend Bureau of Indian Education schools can use federal funding for educational options of their choice, submitting a plan to the President with steps for implementation beginning in the 2025-2026 school year.

Stay tuned for additional information about changes in policy, regulation, guidance and enforcement related to the EOs.

Department communications

Department of Homeland Security

As reported in a press release dated January 21, acting Secretary of the U.S. Department of Homeland Security (DHS) Benjamine Huffman, issued a directive rescinding previous guidance that restricted Immigration and Customs Enforcement (ICE) activities in “sensitive” areas.

The rescinded guidance had established a principle that “to the fullest extent possible,” DHS officers and agents “should not take an enforcement action in or near a location that would restrain people’s access to essential services or engagement in essential activities.” Enforcement actions included arrests, searches, service of a subpoena, or similar actions. 

Under the rescinded memo, schools (including k-12 schools, vocational or trade schools, and colleges and universities) were listed as “sensitive” locations where enforcement actions should not take place absent exigent circumstances. The rescission of the 2021 policy memo means there are no longer any specifically protected areas or locations under DHS policy. 

Department of Education

On Feb. 4, Craig Trainor, Acting Assistant Secretary for Civil Rights in the US Department of Education, issued a Dear Colleague letter stating that the Office for Civil Rights (OCR) will enforce Title IX under the provisions of the 2020 Title IX rule. This confirms that the Title IX rule proposed in 2024 will not go into effect. The Dear Colleague letter does not change anything in Ohio, as it was one of the states where enforcement of the 2024 rule by OCR had been preliminarily enjoined by a U.S. District Court in July 2024. The same court has since granted summary judgment to the plaintiffs in that case, effectively prohibiting OCR from enforcing the 2024 rule in any state.  

Included in the Dear Colleague letter is a link to Title IX resources on the USDOE website, as well as links to the 2020 rule and the U.S. District Court’s decision on the 2024 rule. 

OSBA’s legal services division will continue to provide updates as they are available. Specific questions about how these executive orders and departmental communications affect district policies, procedures and operations should be directed to legal counsel.

Posted by Jennifer A. Hardin on 2/4/2025

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