The information covered below is from January 17, 2025, through January 30, 2025. This E-Update was finalized prior to new announcements from the U.S. Department of Education, which will be covered in our next publication.

Highlights:

• President Trump issued a series of Executive Orders that impact education and related areas.
• On January 29 and 30, the Senate Finance and Health, Education, Labor, and Pensions (HELP) Committees held hearings to consider the nomination of Robert F. Kennedy Jr. for Secretary of the Department of Health and Human Services (HHS).
• On January 30, all eleven Republican members of the Senate Budget Committee voted to advance the nomination of Russ Vought for Director of the Office of Management and Budget (OMB). Democratic members of the committee boycotted the vote.

Administration:

White House:

President Trump delivers inauguration speech: On January 20, Donald Trump was inaugurated as the 47th President of the United States. The inaugural remarks highlighted several policy changes President Trump plans to make, emphasizing his second term as “the golden age of America.” Specifically, President Trump stated “our government confronts a crisis of trust,” later naming that, “we have an education system that teaches our children to be ashamed of themselves — in many cases, to hate our country despite the love that we try so desperately to provide to them.” President Trump concluded, “All of this will change starting today, and it will change very quickly.”

President Trump issues a series of Executive Orders impacting education: As of January 29, President Trump issued a series of Executive Orders (EOs) that impact education and related areas. These include, but are not limited to:

• “Expanding Educational Freedom and Opportunity for Families,” which directs the Secretaries of  Education and Health and Human Services (HHS) to identify ways in which federal funds and programs can be used to expand educational choice.
• “Ending Radical Indoctrination in K-12 Schooling,” which requires the Secretaries of Education, Defense, and HHS, in consultation with the Attorney General, to provide an “Ending Indoctrination Strategy” that contains recommendations and a plan for (1) eliminating federal funding or support for “illegal and discriminatory treatment and indoctrination in K-12 schools,” including based on gender ideology and “discriminatory equity ideology,” and (2) protecting parental rights.
• “Additional Measures to Combat Anti-Semitism,” which mandates the heads of each executive department or agency to submit a report identifying all civil and criminal authorities or actions within the jurisdiction of that agency that might be used to further “curb or combat antisemitism.”
• “Removing Barriers to American Leadership in Artificial Intelligence,” which requires the development of an Artificial Intelligence (AI) Action Plan and, according to a fact sheet, “calls for departments and agencies to revise or rescind all policies, directives, regulations, orders, and other actions” taken under a previously issued Biden Administration order – which has been rescinded by President Trump – “that are inconsistent with enhancing America's leadership in AI.”
• “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which eliminates diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs/initiatives in the federal government.
• “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which establishes a federal policy that recognizes only “two immutable biologically-determined sexes,” and reverses the Biden Administration’s position that Title IX protects against discrimination based on gender identity.
• “Restoring Freedom of Speech and Ending Federal Censorship,” which prohibits federal employees – and agents of the government – from engaging in censorship of free speech.
• “Initial Rescissions of Harmful Executive Orders and Actions,” which rescinds approximately eighty EOs and Presidential Memoranda issued during the Biden Administration that addressed wide-ranging topics, including those that advanced racial equity and supported underserved communities across the federal government, as well as established White House Initiatives dedicated to advancing equity of opportunity for particular populations of students and certain institutions.

For more information on these Executive Orders, please read EducationCounsel’s Summary and Analysis here.

Trump Administration issues federal spending freeze that was paused by court and then withdrawn: On January 27, the Trump Administration, through the Office of Management and Budget (OMB), issued a memorandum ordering “federal agencies [to] temporarily pause all activities related to obligation or disbursement of all Federal financial assistance, and other relevant agency activities that may be implicated by the executive orders, including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.” Additionally, on January 28, the White House issued a Q&A document stating that the funding pause described in the memorandum did not apply to Supplemental Nutrition Assistance Programs (SNAP), Medicaid, Pell Grants, and Head Start, among other programs. A USED spokesperson also stated to Chalkbeat that “the temporary pause won’t impact Title I, [Individuals with Disabilities Education Act], and other programs.” “The temporary pause was set to become effective on January 28 at 5:00 p.m.; however, the U.S. District Court for the District of Columbia ordered an “administrative stay” until February 3, “buy[ing] the court time to deliberate” the memorandum. Following the court order, the OMB rescinded the memorandum on January 29.

President Trump announces new AI Infrastructure plan: On January 21, President Trump announced the creation of “Stargate,” a $500 million private sector investment in AI, including commitments from companies, such as, OpenAI, SoftBanks, and Oracle. The project is tasked with building data centers and creating more than 100,000 domestic jobs in the industry. Separately, President Trump issued a fact sheet related to the Executive Order on AI, which states that a key goal is “dominance in AI to promote human flourishing, economic competitiveness, and national security.”

Personnel:

Senate Budget Committee advances nomination of Russ Vought to serve as Director of the Office of Management and Budget (OMB): On January 30, the Senate Budget Committee voted 11-0 to advance the nomination of Russ Vought for Director of the OMB. All Committee Republicans advanced Vought’s nomination, while no Committee Democrats were present for the vote. Mr. Vought previously served as Director of OMB during the first Trump Administration, from 2020 to 2021, prior to which he was Acting Director and Deputy Director of the OMB. The Senate Homeland Security and Governmental Affairs Committee held a hearing on Vought’s nomination on January 15, during which the topic of executive impoundment was a focus of questioning. Mr. Vought’s nomination will now be sent to the full Senate floor for a confirmation vote.

Penny Schwinn nominated for Deputy Secretary of Education: On January 22, President Trump nominated Penny Schwinn to serve as the Deputy Secretary of Education. Ms. Schwinn most recently served as Tennessee Education Commissioner from February 2019 to June 2023, prior to which she held multiple roles at the Texas Education Agency, including Deputy Commissioner of Standards and Engagement, Deputy Commissioner of Special Populations and Monitoring, and Chief Deputy Commissioner of Academics. Ms. Schwinn began her career in education as a high school history and economics teacher and was later a principal and school board member.

Denise Carter named as Acting Secretary of Education: On January 20, President Trump named Denise Carter as Acting Secretary of Education, who will serve in the role until the Senate confirms President Trump’s nominee for USED Secretary. Acting Secretary Carter has held multiple roles in the federal government, and most recently served as the Acting Chief Operating Officer of the USED’s Office of Federal Student Aid (FSA) after Rich Cordray left the role in June 2024.

USED Inspector General Sandra Bruce among 17 IGs fired by the Trump Administration: On January 27, the Trump Administration fired 17 Inspectors General (IGs) across a number of federal agencies, including USED Inspector General Sandra Bruce. In comments to the press aboard Air Force One, President Trump stated, “I don’t know them, but some people thought that some were unfair or some were not doing the job. And it’s a very standard thing to do, very much like the U.S. attorneys.” When President Trump was asked whether he would “bring [his] own people into these positions,” he responded, “I don’t know anybody that would do that, but we’ll put people in there that will be very good.” Hannibal “Mike” Ware, Chairperson of the Council of the Inspectors General on Integrity and Efficiency (CIGIE) and former Inspector General of the Small Business Administration, was also among the IGs fired. Mr. Ware wrote a letter to the Sergio Gor, Director of Presidential Personnel at the White House, asserting that the CIGIE “[does] not believe the actions taken are legally sufficient to dismiss Presidentially Appointed, Senate Confirmed Inspectors General.”

U.S. Department of Education (USED):

2024 National Assessment for Education Progress (NAEP) for reading and mathematics assessments released: On January 29, the National Center for Education Statistics (NCES) within the U.S. Department of Education (USED) released the results from the 2024 NAEP reading and math assessments for grades 4 and 8. The NCES reported that fourth and eighth grade students “are not making the level of progress needed to regain ground lost during the pandemic, although there are some signs of progress.” The results for fourth grade students showed a two-point increase in math scores and a two-point decrease in reading scores compared to 2022. Those scores are three points and five points lower than 2019 scores, respectively. Results from eighth grade students showed no significant change in math scores and a two-point decrease in reading scores compared to 2022. Those scores are eight and five points lower than 2019 scores, respectively. NCES Commissioner Peggy Carr remarked, “Where there are signs of recovery, they are mostly in math and largely driven by higher-performing students. Lower-performing students are struggling, especially in reading.” The USED also issued a statement, expressing, “Today’s NAEP results reveal a heartbreaking reality for American students and confirm our worst fears: not only did most students not recover from pandemic-related learning loss, but those students who were the most behind and needed the most support have fallen even further behind.”

USED’s Office of Federal Student Aid (FSA) reopens Financial Value Transparency (FVT) and Gainful Employment (GE) debt reporting process until mid-February: On January 17, the FSA issued an announcement that completer data has been successfully transmitted to the Internal Revenue Service (IRS), enabling implementation of the GE and FVT regulations. However, FSA also announced that it was extending by one month, until February 18, the deadline for institutions to submit required data relating to students’ debt. FSA wrote that, “This approach provides more time to institutions that were unable to complete debt reporting by January 15, 2025, while staying on track to meet the Department’s goal of making these data available to students this spring.” The consequence of this announcement is that if the IRS successfully completes and transmits data back to FSA, data on students’ earnings outcomes could be published in the coming months. However, the debt-to-earnings measure cannot be calculated until reporting is completed on February 18. The Trump Administration has not yet indicated its position on the data reporting or the underlying regulations.

USED closes book bans complaints and rescinds Biden-era guidance related to book bans: On January 24, USED’s Office for Civil Rights (OCR) announced that 11 complaints alleging book banning have been closed. Specifically, the complaints allege that “local school districts’ removal of age-inappropriate, sexually explicit, or obscene materials from their school libraries created a hostile environment for students,” which the USED writes is “a meritless claim premised upon a dubious legal theory.” The announcement added that, effective January 24, 2025, “OCR has rescinded all department guidance issued under the theory that a school district’s removal of age-inappropriate books from its libraries may violate civil rights laws” and “will no longer employ a ‘book ban coordinator’.” Acting Assistant Secretary for Civil Rights Craig Trainor stated, “By dismissing these complaints and eliminating the position and authorities of a so-called ‘book ban coordinator,’ the department is beginning the process of restoring the fundamental rights of parents to direct their children’s education.”

Congress:

Senate:

Senate Finance and Health, Education, Labor, and Pensions (HELP) Committees hold hearings on the nomination of Robert F. Kennedy Jr. for Secretary of the Department for Health and Human Services (HHS): On January 29 and 30, the Senate Finance and HELP Committees held hearings to consider the nomination of Robert F. Kennedy Jr. for HHS Secretary. In his opening statement before the Finance Committee, Mr. Kennedy named several challenges facing the health of Americans, including “obesity…autoimmune diseases, neurodevelopmental disorders, asthma, Alzheimer’s, ADHD, depression, [and] addiction,” among others. Mr. Kennedy also expressly addressed “reports [that] have claimed that [he is] anti-vaccine or anti-industry. He said, “I am neither; I am pro-safety… All of my kids are vaccinated, and I believe vaccines have a critical role in healthcare.” Senate Finance Committee Chair Mike Crapo (R-ID) expressed his support for Mr. Kennedy throughout the hearing, stating, “Mr. Kennedy, you represent a voice for an inspiring coalition of Americans who are deeply committed to improving the health and well-being of our nation.” Conversely, Finance Committee Ranking Member Ron Wyden (D-OR) emphasized deep concern for Mr. Kennedy’s history, asserting, “Mr. Kennedy has embraced conspiracy theories, quacks, and charlatans, especially when it comes to the safety and efficacy of vaccines.” Ranking Member Wyden continued, “He's made it his life's work to sow doubt and discourage parents from getting their kids life-saving vaccines,” adding that “It’s been lucrative for him and put him on the verge of real power.”

During Mr. Kennedy’s nomination before the Senate HELP Committee, Senate Appropriations Committee Ranking Member Patty Murray (D-WA) noted that HHS has the critical responsibility of protecting and preserving activities from health care to child care to biomedical research. The hearing, similar to the Finance Committee hearing, primarily focused on Mr. Kennedy’s position on vaccines, while support was expressed mainly by Committee Republicans for his goal of improving the health of Americans and reducing obesity. The issue of gender affirming care was also raised to which Mr. Kennedy said he would support rescinding a Biden Administration rule protecting transgender health care. Additionally, Senator Lisa Blunt-Rochester (D-DE) asked if Mr. Kennedy supports the elimination of DEI-A programs at HHS to which he responded that decision will be up to Congress. Mr. Kennedy also said that $63 million has been spent on DEI-A programs with no discernable, positive impact on public health programs in the country. At the conclusion of the hearing, Senate HELP Committee Chair Bill Cassidy (R-LA) expressed that he was undecided on the nomination based on Mr. Kennedy’s responses to questions regarding his position on vaccines. Chair Cassidy stated, “as a patriotic American, I want President Trump's policies to succeed and making America and Americans more secure, more prosperous, healthier. But if there's someone that that is not vaccinated because of policies or attitudes you bring to the Department. And there's another 18-year-old who dies of a vaccine preventable disease helicoptered away, God forbid, dies. It'll be blown up in the press, the greatest tragedy will be her death. But I can also tell you an associated tragedy, well, that will cost that will cast a shadow over President Trump's legacy, which I want to be the absolute best legacy it can be. So that's my dilemma…”

Senate HELP Committee holds executive session for the 119th Congress: On January 21, the Senate HELP Committee held an organizational meeting for the 119th Congress. In his opening remarks, Committee Chair Bill Cassidy (R-LA) expressed that child literacy will be a priority for the Committee, noting, “Two-thirds of U.S. public school students are unable to read proficiently in fourth grade…The Committee must examine this, and work with local and state partners to improve literacy nationwide and address dyslexia.” Chair Cassidy also named as a priority that the Committee would address antisemitism on college campuses during the 119th Congress.

Both Chair Cassidy and Ranking Member Bernie Sanders (I-VT) expressed the importance of working across the aisle. Ranking Member Sanders stated, “given the enormously important issues this Committee deals with, it's important that we work together and go forward.” Among other issues, Ranking Member Sanders named the Workforce Innovation and Opportunity Act (WIOA) as one of “many of the bills that we had bipartisan agreement on” that did not pass through the last Congress, but that the Committee should prioritize.

Senate Appropriations Chair Collins and Ranking Member Murray announce Appropriations Subcommittee leadership and rosters for the 119th Congress: On January 29, Senate Appropriations Chair Susan Collins (R-ME) and Ranking Member Patty Murray (D-WA) announced Appropriations Subcommittees leadership and rosters for the 119th Congress, including the Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies (Labor/HHS). Senator Shelley Moore Capito (R-WV) will serve as Chair of the Subcommittee, while Senator Tammy Baldwin (D-WI) will serve as Ranking Member of Subcommittee. The two new Republican Senators added to the Subcommittee are Senators Markwayne Mullin (R-OK) and Mike Rounds (R-SD). There are no new Democratic members of the Subcommittee.

House:

House Judiciary Subcommittee holds hearing on immigration enforcement: On January 22, the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement held a hearing titled, “Restoring Immigration Enforcement in America.” The hearing covered immigration policies during the Biden-Harris Administration and efforts by the Trump Administration to “restore the integrity of America's immigration system.” The Subcommittee heard from four witnesses: John Fabbricatore, a former Immigration and Customs Enforcement (ICE) Field Office Director and current Visiting Fellow at the Heritage Foundation; Jessica Vaughan, Director of Policy Studies at the Center for Immigration Studies; Grant Newman, Director of Government Relations for the Immigration Accountability Project; and David Bier, Director of Immigration Studies at the CATO Institute.

Subcommittee Chair Tom McClintock (R-CA) cited a number of immigration statistics during the Biden Administration, including highlighting the influx of migrant students in recent years and the impact on public schools. Full Judiciary Committee Chairman Jim Jordan also spoke at the hearing against the policies of the Biden Administration and how the Trump Administration’s policies “will restore public safety.” Full Judiciary Committee Ranking Member Jamie Raskin (D-MD) challenged the notion of “public safety” by highlighting the pardons and recent release of nearly 1,500 “insurrectionists” who were convicted following the January 6, 2021, attack on the U.S. Capitol. Additionally, Democratic Committee member Zoe Lofgren (D-CA) argued that the Trump Administration’s recent orders on immigration are a “direct attack on the Constitution.”

In his testimony, Mr. Fabbricatore argued that, “Unfortunately, the Biden Administration's policies eroded the effectiveness of interior enforcement. The results are evident in the tragic rise of fentanyl deaths, human trafficking, and violent crime linked to foreign-born cartels and gangs.” Ms. Vaughn, in her testimony, offered “a list of recommendations for Congressional action to reform and reinforce immigration law that go beyond the critical improvements…and includes recommendations for changes not only to enhance the work of Customs and Border Protection (CBP) and [ICE], but also calls for changes to visa and immigration benefits programs to address overstays, fraud and other problems that are also forms of illegal immigration.”  Finally, in countering the three other witnesses, Mr. Bier argued that, “After President Trump's intentional dismantling [of the immigration system], it took the Biden administration a monumental effort to get the system operating at all. Congress generally failed in its duty to appropriate the necessary resources to undo the disaster, leaving the administration to undertake unprecedented reconstruction on its own. Although Biden often acted too slow and too timidly in the face of this challenge, his actions were critical to saving the immigration system from the brink of near-total collapse.”

House Ways and Means Committee holds member day hearing: On January 22, the House Ways and Means Committee held a Member Day Hearing on “Matters Within the Committee’s tax jurisdiction. In his opening remarks, Committee Chair Jason Smith (R-MO) emphasized the prioritization of extending the tax provisions passed during the first Trump Administration as part of the Tax Cuts and Jobs Act (TCJA). Specifically, Chair Smith noted that if an extension of the tax provisions are not passed, “40 million parents will have their Child Tax Credit slashed in half.”

Fifty-five members spoke or submitted testimony at the member day hearing, many of whom included support for the Child Tax Credit (CTC). Republican members, including Representatives Marjorie Taylor Greene (R-GA), Tom Barrett (R-MI), and Ashley Hinson (R-IA), noted the impact of the TCJA’s CTC in their districts, and related tax increases that could result should the TCJA not be extended. Additionally, Representative Ryan Mackenzie (R-PA) spoke on a child care tax credit proposal, while Representative John James (R-MI) advocated for an increased child tax credit based on a child’ age. Representative James also expressed support for prioritizing reforms that expand education choice noting that “when you give parents choice, you give students a chance.” Representative Burgess Owens (R-UT), Chair of the House Education and Workforce Subcommittee on Higher Education and Workforce Development, added that he plans to reintroduce the Educational Choice for Children Act, which would provide tax credits for charitable deductions to support educational scholarships. Representative Owens noted that the “choice model is already proven to be both sustainable and successful for recipients of scholarships,” adding the bill is, “a win for [the] educational community to allow competition and meritocracy.”

House Appropriations Committee Ranking Member Rosa DeLauro (D-CT) offered an alternative to the Child Tax Credit included in the TCJA, noting the significant impact that of an expanded CTC that was included in the American Rescue Plan. She noted that an expanded, monthly CTC will be included in her proposed American Family Act. Representative Emilia Sykes (D-OH), noted that the expanded CTC in the American Rescue Plan “cut poverty nearly in half when it was fully implemented, putting more money in people's pockets of the individuals who work hard but struggle to make ends meet.”

House Appropriations Committee holds organizational meeting: On January 23, the House Appropriations Committee held an organizational meeting for the 119th Congress. In his opening statement, Committee Chair Tom Cole (R-OK) emphasized the Committee’s “longstanding commitment to orderly and respectful debate,” adding “We have a strong tradition of working together and seeking consensus where we can. I am committed to fulfilling that tradition as your Chair.” During the meeting, members voted to adopt the Committee rules, and the State Foreign Operations and Related Programs Subcommittee was renamed the “National Security, Department of State, and Related Programs” Subcommittee. More information on subcommittees and their respective jurisdictions can be found here.