April 28, 2025
Our biweekly E-Updates provide briefings on action across the Administration, Congress, and U.S. Courts. EducationCounsel’s resources specifically related to the Administration’s executive actions are also available by clicking here.
The information covered below is for updates ranging from April 10, 2025, through April 24, 2025.
Highlights:
Administration:
White House:
President Trump issues a series of Executive Orders impacting education: On April 23, President Trump issued a series of Executive Orders (EOs) that impact education and related areas. The EOs include the following:
U.S. Department of Education (USED):
USED to resume collections on defaulted student loans: On April 21, the Office of Federal Student Aid (FSA) announced that it will resume collections of its defaulted federal student loan portfolio beginning on May 5. Defaulted borrowers have not been required to repay their loans since March 2020, when they were paused for the pandemic. FSA will send required notices later this summer beginning administrative wage garnishment for defaulted borrowers. The announcement includes additional information about the Administration’s plans, including options for borrowers to consider. This is the first time since the beginning of the pandemic that student loan borrowers will incur significant penalties for failure to repay, including negative credit reporting and loss of tax refunds, social security benefits, and wages.
USED Secretary McMahon announces 2026 National Assessment of Educational Progress (NAEP) is on schedule, as the National Assessment Governing Board (NAGB) forecasts a series of changes to assessment plans after 2026: On April 17, USED Secretary Linda McMahon released a statement regarding the 2026 National Assessment of Educational Progress (NAEP) to affirm that the “2026 NAEP assessments in reading and math are on track for administration in January 2026.” The statement follows reporting raising concerns that the assessment would not be issued as the Administration moves to dismantle the Institute of Education Sciences within the USED, which oversees the NAEP.
Separately, representatives from the NAGB announced in a board meeting on April 21, that the NAEP will be paused after 2026 at some grade levels and subjects, as well as for some state and city samples, according to EducationWeek. According to EducationWeek, “Fourth graders, who were scheduled to take science assessments in 2028 and 2032, will lose the first test, while 12th graders won’t be assessed in the subject at all through 2032. Seniors also won’t take a previously scheduled U.S. history test in 2030; only 8th graders will take the assessment. The writing test, scheduled for 2032, was canceled for all three grades: 4, 8, and 12.” Additional changes outlined by EducationWeek include, “state-by-state results won’t be available for 12th graders in reading and math for the next two test administrations, nor for 8th graders taking the 2030 U.S. history test. District results won’t be provided for 8th grade science over the next two test administrations.” In reference to the changes, Martin West, Vice Chair of NAGB and a professor of education at the Harvard Graduate School of Education, said, “changes we are making are not in response only to congressional appropriations, but also clear signals from the administration of the need to reduce spending.”
USED’s Office of Inspector General (OIG) to review impacts of the agency’s reduction in force: On April 9, the USED’s OIG announced in a letter that it will conduct a “series of reviews to provide information on the Department’s programs and operations following recent workforce changes.” Acting Solicitor General Rene Roque confirmed that the review will cover employee separations via the Deferred Resignation Program, Voluntary Separation Incentive Payment and Voluntary Early Retirement incentives, and reduction in force actions. The review comes at the request of Senate Minority Leader Chuck Schumer (D-NY), Senator Elizabeth Warren (D-MA), and nine additional Democratic Senators in March.
Administration continues investigation-related action against Harvard University: The Administration began its investigation of Harvard University, on March 31 when the Joint Task Force on Antisemitism, led by the USED and the U.S. Department of Justice (DOJ), announced a review of Harvard University’s contracts with the federal government as a result of claims that the institution was not properly responding to reports of antisemitism on its campus. The investigation has resulted in multiple actions and responses between the Administration and Harvard University. After the Task Force sent a letter to Harvard University demanding it eliminate DEI programs, Harvard University’s President responded, stating the university would not meet the list of demands from the Administration. The Administration has moved to freeze $2.2 billion in grants and $60 million in contracts to Harvard University, and both Harvard University and its chapter of the American Association of University Professors (AAUP) filed lawsuits against the Administration.
USED refers Maine Title IX investigation to DOJ, as federal funds for child nutrition programs in Maine are ordered to be unfrozen: On April 11, the USED announced that the investigation into the Maine Department of Education (MDOE) regarding its compliance with Title IX has been referred to the DOJ. Additionally, the USED initiated on the same day an administrative proceeding to adjudicate termination of MDOE’s federal K-12 education funding, including formula and discretionary grants. As background, an investigation was initiated on February 21, and USED’s Office for Civil Rights (OCR) determined on March 19 that the MDOE “is in continuing violation of Title IX by permitting, directing, instructing, or requiring Maine school districts to: (1) allow males to participate in female athletics (whether interscholastic, intercollegiate, club or intramural); and (2) deny to female students (particularly, female student-athletes) access to intimate facilities on the basis of sex, such as female-only locker rooms and bathrooms.” On the same day, it was reported that Maine officials continued to refuse to comply with the Administration’s ban on allowing transgender women and girls to participate in athletic programs. Maine Assistant Attorney General Sarah Forster asserted that “Nothing in Title IX or its implementing regulations prohibits schools from allowing transgender girls and women to participate on girls’ and women’s sports teams.”
Relatedly, the U.S. Department of Agriculture froze Maine’s federal funds on April 2, explaining that the decision was based on a disagreement between the federal and state governments about whether the state of Maine was complying with Title IX. In response, Maine brought a lawsuit against the U.S. Department of Agriculture in federal court. District Court Judge John Woodcock issued a temporary restraining order unfreezing the funds.
USED announces new Trump Administration appointees: On April 15, the USED announced the following new Trump Administration appointees:
National Science Foundation (NSF):
National Science Foundation (NSF) updates priorities and begins cancelling existing research grants, as the NSF Director resigns: On April 18, NSF announced updates to its priorities, which included among other changes a shift away from “DEI”-related research and “projects with more narrow impact limited to subgroups of people based on protected class or characteristics.” In conjunction with these announcements, the New York Times reported cancellations of more than 400 grants.
Following the announcement, NSF Director Sethuraman Panchanathan resigned on April 24, more than a year before the end of his term. The resignation comes amid widespread layoffs at NSF and the reported cancellation of grants (See above under Administration Updates - Policy Releases). “I believe that I have done all I can to advance the mission of the agency and feel that it is time for me to pass the baton to new leadership,” Panchanathan said in an all-staff memo obtained by Politico. Brian Stone, the Director’s Chief of Staff, will lead the agency on an interim basis.
Congress:
Senate:
Senate Appropriations Committee Ranking Member Murray issues statement on Trump Administration withholding $1 billion in Head Start funding: On April 16, Senator Appropriations Committee Ranking Member Patty Murray (D-WA) issued a statement regarding data showing the Trump Administration has issued nearly $1 billion less in federal grants to Head Start centers nationwide so far this year compared to the same period last year. Referencing the closure of a Head Start center in her state of Washington due to the withholding of funds, Ranking Member Murray stated, “I’m going to keep fighting back with all I’ve got—because we’ve got to keep mobilizing and opposing this administration’s cruel agenda to help billionaires and hurt working families.”
House:
House Education and Workforce Committee Chair Walberg request information from college presidents ahead of antisemitism hearing: On April 21, House Education and Workforce Chair Tim Walberg (R-MI) and Higher Education and Workforce Development Subcommittee Chair Burgess Owens (R-UT) sent letters to the presidents of California Polytechnic State University (San Luis Obispo), DePaul University, and Haverford College ahead of a May 7 Committee hearing, at which the presidents will testify. Each letter references specific reported incidents of antisemitism on the institutions’ campuses, and requests information regarding updates to the institutions’ code of conduct, policies and procedures surrounding student discipline, masking and facial coverings policies, and recordings of campus activities.
Ranking Member Scott calls on U.S. Department of Health and Human Services (HHS) Secretary Kennedy to reinstate staff who set federal poverty guidelines: On April 16, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) sent a letter to HHS Secretary Robert F. Kennedy, Jr., sharing his concerns following the Trump Administration’s decision to eliminate the staff of the Office of the Assistant Secretary for Planning and Evaluation (ASPE) that sets federal poverty guidelines. The guidelines, which HHS is legally required to determine and update with information from the Census Bureau, help establish eligibility for a number of federal programs, including Medicaid, the Children's Health Insurance Program (CHIP), Head Start, and the Community Services Block Grant, among other programs. Ranking Member Scott wrote, “Without dedicated and expert staff ensuring these updates are done in a timely and accurate manner, disruptions to service delivery are inevitable. Any staffing changes that disrupt the HHS’ ability to fulfill its statutory obligations, including setting and regularly updating the federal poverty guidelines, contradict congressional intent” and demanded that the staff be reinstated.
Several House Republicans write letter to House leadership regarding the possible inclusion of cuts to Medicaid in budget reconciliation legislation: On April 14, twelve House Republicans wrote a letter to Speaker of the House Mike Johnson (R-LA) and members of House Republican leadership signaling their “commitment” to protecting Medicaid. The letter was signed by the following moderate Republican Representatives: David Valadao (R-CA), Rob Bresnahan (R-PA), Don Bacon (R-NE), Jeff Van Drew (R-NJ), Juan Ciscomani (R-AZ), Jen Kiggans (R-VA), Young Kim (R-CA), Rob Wittman (R-VA), Nicole Malliotakis (R-NY), Nick LaLota (R-NY), Andrew Garbarino (R-NY), and Jeff Hurd (R-CO). They write, “We acknowledge that we must reform Medicaid so that it is a strong and long-lasting program for years to come. However, we cannot and will not support a final reconciliation bill that includes any reduction in Medicaid coverage for vulnerable populations.” They note that “many of us [represent] districts with high rates of constituents who depend on Medicaid.” As background, the recently passed budget resolution instructs the House Energy and Commerce Committee to draft a portion of the forthcoming budget reconciliation bill that includes a minimum of $880 billion in savings over 10 years, which may result in cuts to the Medicaid program.
Government Accountability Office (GAO) report on the use of Supplemental Nutrition Assistance Program (SNAP) benefits among college students shows need for more outreach: On April 10, GAO issued a report, “Federal Actions Needed to Help Connect College Students with Benefits” finding that, despite almost 25% of college students reporting limited or uncertain access to food, most did not receive SNAP benefits. The FAFSA Simplification Act of 2020 directed the USED to share data with the U.S. Department of Agriculture (USDA) to ensure more college students who are eligible have access to SNAP benefits. The GAO report found that the USED has yet to develop a plan to share this data and provided several recommendations. In spotlighting the report, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) said, “This report highlights the critical role the Department of Education plays in connecting eligible students to SNAP benefits. It's crucial that [US]ED and USDA collaborate effectively, so that all eligible students can access the resources they need to thrive. And I urge the Trump Administration to take immediate steps to improve access.”
U.S. Courts:
Courts Halt Enforcement of the Title VI Dear Colleague Letter and “DEI” Certifications: As background, the USED informed all SEAs on April 3, that they and all of the LEAs in their states would be required to sign and return a new certification indicating that they are not violating Title VI of the Civil Rights Act of 1964 through “illegal DEI practices.” The USED also put SEA and LEA leaders on notice that their certifications would constitute a “material condition” for the receipt of their federal funds, a violation of which can, among other things, subject the signatories to enforcement under the False Claims Act.
The deadline for SEAs and LEAs to submit the new certification to the USED was April 24. However, just hours before the deadline, three federal courts issued preliminary injunctions blocking the USED from acting on those certifications or penalizing any SEA or LEA for choosing not to submit a certification (preliminary injunctions remain in place while each lawsuit proceeds to a final resolution). Thee three lawsuits, with links to the original complaints and to the courts’ injunctions, are: National Education Association (NEA) lawsuit in New Hampshire (injunction opinion); American Federation of Teachers (AFT) lawsuit in Maryland (injunction opinion); and NAACP lawsuit in Washington, DC (injunction opinion).
The injunctions also prevent the USED from enforcing Title VI—in K-12 or in higher education—based on other guidance and materials issued during the first 100 days of President Trump’s second term as part of the Administration’s campaign against DEI efforts in education. The enjoined resources include the February 14 Dear Colleague Letter, the FAQs that followed it, and the USED’s “End DEI” portal. As a reminder, the USED can still enforce Title VI consistent with long-standing interpretations of that law. It just cannot do so in ways that are based on or rely upon the Administration’s new guidance of the “DEI” certification.
U.S. Supreme Court (SCOTUS) hears oral arguments in case regarding curriculum opt-outs: On April 22, SCOTUS heard oral arguments in Mahmoud v. Taylor, which questions whether public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out. The case was brought by the parents of Christian, Jewish, and Muslim students against the Montgomery County Board of Education based on the inclusion of LGBTQI+ characters in language arts curriculum. After the parents’ complaint, the Board offered an option for parents to opt their children out of reading the books, but it was later rescinded because of the burdens the opt-out volumes placed on teachers. According to K-12 Dive, the justices “appeared” split during oral arguments, questioning whether opt-out policies should be age- or subject-specific or apply to topics outside of curriculum materials. The Supreme Court is expected to announce its final decision in the coming months.
Democratic Members file Amicus Brief in support of motion for preliminary injunction in lawsuit filed by State Attorneys General to block layoffs and the elimination of core services at the USED: On April 23, House Democrats’ Litigation and Rapid Response Task Force led 192 House Democrats in filing an amicus brief challenging the Trump Administration’s efforts to close the USED in the matter of the State of New York v. Linda McMahon. As background, a coalition of 21 States Attorney Generals filed a lawsuit on March 13, after the Trump Administration announced plans to eliminate 50% of the USED’s workforce. Following President Trump’s March 20 Executive Order directing the closure of the USED and the March 21 announcement directing the Department to transfer student loan management and special education services, the coalition then filed a motion for a preliminary injunction to immediately prevent the mass layoffs and transfer of services. The amicus brief was led by Task Force Co-Chairs Jamie Raskin (D-MD) and Joe Neguse (D-CO), House Democratic Leader Hakeem Jeffries (D-NY), House Appropriations Committee Ranking Member Rosa DeLauro (D-CT), and House Education and Workforce Committee Ranking Member Bobby Scott (D-VA). In their filing, the Democratic Members argued that “the Trump Administration cannot unilaterally create, dismantle, or reorganize USED, nor can executive officials make solitary decisions regarding the agency’s organization and assignment of functions,” according to the Task Force.
American Educational Research Association (AERA) and Society for Research on Educational Effectiveness (SREE) file lawsuit regarding reductions in force at the Institute for Education Sciences (IES): On April 14, the AERA, with the SREE, filed a lawsuit against the USED regarding the “unlawful dismantling” of the IES. The two associations are represented by Democracy Forward, which writes that the case “challenges the loss of data, analysis, and expertise caused by the arbitrary cancellation of foundational research contracts and the mass termination of Department of Education employees who oversee the foundational research that is used throughout the field of education research.” Additionally, AERA and SREE argue that IES provides data, analysis and expertise for their own education research, noting “the loss of it will be devastating to the field of education.”
Coalition of universities and higher education associations files lawsuit regarding cap on indirect costs rates: On April 14, a coalition of universities and higher education associations filed a lawsuit in a federal court in Massachusetts challenging the U.S. Department of Energy (DOE)’s new policy to limit indirect costs of grants to 15%, the same policy that the same federal court permanently enjoined the National Institutes of Health (NIH) from implementing.
Relatedly, on April 16, Senator Appropriations Committee Ranking Member Patty Murray (D-WA) and Subcommittee on Energy and Water Development Ranking Member Marcy Kaptur (D-OH) sent a letter to DOE Secretary Chris Wright regarding the recent announcement that it will limit financial support of “indirect costs” of DOE research funding to 15%. The Ranking Members write that the “change threatens to destabilize America’s scientific research infrastructure, delay critical energy innovation, and result in widespread economic harm.” The letter concludes, “[W]e also ask that you to immediately reverse this shortsighted and harmful new cap, which amounts to nothing short of a disastrous funding cut.”
Upcoming Events (Congress & Administration):
Upcoming Events (Outside Organizations):
Publications (Outside Organizations):
Legislation:
Introduced in the House of Representatives:
H.R. 2910
A bill to establish a competitive grant program to support out-of-school-time youth workforce readiness programs, providing employability skills development, career exploration, employment readiness training, mentoring, work-based learning, and workforce opportunities for eligible youth.
Sponsor: Rep. Josh Harder (D-CA)
H.R. 2911
A bill to amend the Student Support and Academic Enrichment Grant program to promote career awareness in accounting as part of a well-rounded STEM educational experience.
Sponsor: Rep. Young Kim (R-CA)
H.R. 2927
A bill to amend the Internal Revenue Code of 1986 to increase the earned income tax credit, child tax credit, and for other purposes.
Sponsor: Rep. Sheila Cherfilus-McCormick (D-FL)
H.R. 2933
A bill to prohibit the use of funds to eliminate the Corporation for National and Community Service.
Sponsor: Rep. Chrissy Houlahan (D-NJ)
H.R. 2949
A bill to establish a national task force to expand opportunities and improve the standard of living for working families in America.
Sponsor: Rep. Robert Menendez (D-NJ)
H.R. 2954
A bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to approve multi-State apprenticeship programs for purposes of veterans educational assistance, and for other purposes.
Sponsor: Rep. Chris Pappas (D-NH)
H.R. 2957
A bill to amend the Public Health Service Act to support the development and implementation of programs using data analysis to identify and facilitate strategies to improve outcomes for children in geographic areas with a high prevalence of trauma from exposure to adverse childhood experiences, and for other purposes.
Sponsor: Rep. Ayanna Pressley (D-MA)
H.R. 2980
A bill to direct the Secretary of Energy to establish a program to provide financial assistance to graduate students and postdoctoral researchers pursuing certain courses of study relating to cybersecurity and energy infrastructure, and for other purposes.
Sponsor: Rep. Deborah Ross (D-NC)
H.Res. 340
A resolution recognizing the significance of "Community College Month" in April 2025 as a celebration of the more than 1,000 community colleges throughout the United States that support access to higher education, workforce training, and more, and broadly sustain and advance the economic prosperity of the United States.
Sponsor: Rep. Joe Courtney (D-CT)
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