June 23, 2025
The information covered below is from June 6, 2025, through June 18, 2025.
Highlights:
Administration:
U.S. Department of Education (USED):
USED discloses attempted transfer of functions to other agencies: On June 10, USED disclosed for the first time efforts to transfer some of the agency’s functions to other federal agencies. In a weekly status update in State of NY v. McMahon, the lawsuit by a group of states challenging the Administration’s efforts to dismantle USED including via massive reductions-in-force (RIF), USED noted ways it was complying with the court’s preliminary injunction. Among those compliance efforts, USED noted that: “[T]he Department continues to pause implementing significant interagency agreements, preventing the Department (and other agencies) from pursuing operational efficiencies and cost-savings. For example, on May 21, 2025, the Department executed an interagency agreement with the Department of Labor regarding administration of certain career, technical, and adult education grants.”
The executed agreement (Exhibit B of the update to the court) outlines the agreement between USED’s Office of Career, Technical, and Adult Education (OCTAE) and the Department of Labor’s (DOL) Employment and Training Administration (ETA). Under the draft agreement, ETA would administer Perkins Career and Technical Education (CTE) grants and Workforce Innovation and Opportunity Act (WIOA) Title II programs using “up to $2,673,000,000 in fiscal year (FY) 2025 for funds appropriated in FY2024 and FY2025” and then seek reimbursement from OCTAE. Meanwhile, OCTAE would carry out many of the administrative functions and activities otherwise required under statute. It is notable that USED described the agreement with DOL ,in part, as an effort to implement Executive Order 14242 directing the Secretary of Education to take all necessary steps to facilitate the closure of the Department. USED also disclosed that it was “negotiating a memorandum of understanding with the Treasury Department regarding student loan management,” but had likewise paused that process pursuant to the preliminary injunction. The update to the court includes (as Exhibit C) information about nine USED employees who have been detailed to Treasury to “support Federal Student Aid functions performed in partnership with Treasury.”
On June 18, House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA), House Appropriations Committee Ranking Member Rosa DeLauro (D-CT), Senate Appropriations Ranking Member Patty Murray (D-WA), and Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee Ranking Member Tammy Baldwin (D-WI) sent a letter to USED Secretary McMahon, calling the efforts to transfer the responsibilities “illegal.” Explaining that the Perkins CTE and adult education programs are education programs and, therefore, should remain at USED. The Ranking Members wrote that, “Any attempt to move these programs to Labor would fundamentally alter the purposes of those programs and risk turning them into short-term job training programs, no different than those that are funded under WIOA.” The lawmakers also noted that the attempt to transfer administration of grant funding for CTE programs to DOL, while maintaining some policy functions at USED “would actually create more inefficiency and trouble for everyone who depends on the programs.”
USED announces new Trump Administration appointees: On June 6, USED announced the following new Trump Administration nominations:
USED announces new actions as part of the identity validation processes to combat student aid fraud: On June 6, USED announced it will launch a nationwide effort to eliminate identity theft and fraud in the federal student aid programs for the fall 2025 semester. Leading up to the fall semester, the Department will require institutions of higher education to validate the identity of certain first-time applicants who are enrolled in the summer term, after which USED plans to implement a permanent screening process for each FAFSA applicant to enhance FSA’s ability to immediately stop identity fraud on behalf of colleges and universities. The Department stated that these actions are necessary as, “Federal Student Aid (FSA) data indicates that the rate of fraud through stolen identities, particularly involving technologically advanced fraud rings, has reached a level that imperils the federal student assistance programs.”
Administration and Congress take additional action against Harvard University: There have been several new developments in the Administration’s multi-pronged actions against Harvard University. Following a June 4 Presidential Proclamation barring any foreign national from entering the country to study at Harvard University and tasking the Secretary of State with reviewing the immigration status of Harvard students currently in the United States on certain visas, Harvard University secured a temporary restraining order from the judge overseeing its lawsuit against the Administration. In that lawsuit, several amicus briefs were recently filed in support of Harvard, including ones by 24 major colleges and universities, 21 states, 28 higher education organizations, and 12,000 Harvard alumni.
Relatedly, House Education and Workforce Committee Chair Tim Walberg (R-MI) was joined by several Republican Committee members, including former Committee Chair Virginia Foxx (R-NC), in sending a letter on June 10, to Harvard University President Alan Garber requesting information about whether the school engages in illegal, discriminatory hiring and employment practices in violation of Title VII of the Civil Rights Act of 1964. The letter inquires about “Diversity-Related Sample Interview Questions” provided to job candidates, as well as “public documents from Harvard touting its success in sharply changing the demographics of tenured and tenure-track faculty.” Chair Walberg requests information about “whether and how” Harvard University considers specific demographics in hiring and employment.
USED refers Massapequa mascot case to the U.S. Department of Justice (DOJ) after New York Department of Education rejects Resolution Agreement: On June 17, USED announced that it is referring its investigation into the New York Department of Education (NYDE) and the New York State Board of Regents (the Board) for their alleged unlawful attempt to ban mascots and logos that celebrate Native American history to the DOJ. The investigation first began in April following a complaint from the Native American Guardians Association’s (NAGA) alleging that the state’s requirement of the district’s elimination of its ‘Chiefs’ mascot based on its association with Native American culture is violating federal civil rights law. In May, USED announced that the Office for Civil Rights (OCR) investigation determined that the Board has violated Title VI of the Civil Rights Act (1964) by banning the use of Native American mascots and logos by school districts in the state of New York. After OCR issued a proposed resolution agreement, which required the Board to rescind their prohibition on the use of Indigenous names and mascots and to issue a letter of apology to Indigenous tribes for attempting to erase Native American history, NYDE and the Board rejected the agreement.
USED elevates investigations in Minnesota to the Title IX Special Investigations Team: On June 12, USED announced it will be elevating its Title IX investigations into the Minnesota Department of Education (MDE) and the Minnesota State High School League (MSHSL) to the Title IX Special Investigations Team (Title IX SIT). The MSHLSL investigation first began in February and alleged that the league planned to violate federal antidiscrimination laws, by “[abiding to] state law as it relates to girls’ and women’s sports in violation of federal antidiscrimination laws.” A similar investigation into MDE began earlier in June. USED’s announcement notes that the elevation to the Title IX SIT follows a recent MSHSL softball match in which a transgender girl competed.
Institute of Museum and Library Services (IMLS):
Government Accountability Office (GAO) investigation finds Trump Administration illegally impounding funding for the Institute of Museum and Library Services (IMLS): On June 16, the GAO issued a report titled, “Institute of Museum and Library Services—Applicability of the Impoundment Control Act to Reduction of Agency Functions,” in which the GAO found that, “IMLS has violated the [Impoundment Control Act] by withholding funds from obligation and expenditure.” Following President Trump’s March 14 Executive Order directing IMLS “be eliminated to the maximum extent consistent with applicable law,” the GAO wrote that “IMLS ceased performing agency functions and withheld from obligation and expenditure funds that Congress appropriated for such functions.” Though the IMLS did not respond to the GAO’s requests for information, the GAO used publicly available information, including sworn testimony, federal court cases, data on USAspending.gov, and information on IMLS's website, to conclude that the Trump Administration is in violation of the Impoundment Control Act, as federal funds appropriated by Congress were not obligated correctly.
In response, Senate Appropriations Committee Ranking Member Patty Murray (D-WA) issued a statement, saying, “it is clear as day President Trump is breaking the law to block funding Congress provided…he himself signed these investments into law, and they need to start flowing immediately.” House Education and Workforce Ranking Member Bobby Scott (D-VA) also said in a statement, “The Constitution clearly states that Congress has the ‘power of the purse.’ Therefore, the Trump Administration has violated the law by not distributing the funds as Congress intended.”
Congress:
Senate:
Senate HELP Committee proposes budget reconciliation bill: On June 11, the Senate Health, Education, Labor, and Pensions (HELP) Committee released its proposed budget reconciliation bill text, which is one part of a larger budget reconciliation bill currently being developed by multiple Senate committees. Like the House Education and Workforce Committee’s version, the education portion of the Senate’s bill focuses entirely on higher education, providing an estimated budget savings of $300 billion over fiscal years 2025-2034.
Overall, many critical provisions are nearly equivalent between the House and Senate education bills—replacement of Grad PLUS loans with more limited graduate lending and reduction in Parent PLUS loan amounts, repayment plan changes, and creation of “Workforce Pell Grants.” However, significant areas of divergence remain, particularly with respect to accountability, undergraduate loan limits, and Pell Grant eligibility restrictions. These latter provisions will require further negotiation between the House and Senate so are more likely to be modified or removed from the bill.
Among other things, the bill would:
Because the bill is designed to comply with the rules of Budget Reconciliation, final legislation would not be subject to the 60-vote threshold for a filibuster and could pass the Senate with a simple majority vote. Final legislation would have to be agreed to by both a majority of the House and Senate. EducationCounsel’s new Deep Dive includes more detail about the component parts of the bill, their likely impact, and how closely they align with the House’s bill.
Senate Agriculture Committee proposes budget reconciliation bill: On June 11, the Senate Agriculture Committee also released its proposed portion of the budget reconciliation package that includes sweeping changes to the Supplemental Nutrition Assistance Program (SNAP). Although it is not identical to the House’s version, the Senate proposal also moves to significantly restrict access and reduce benefits for millions of households.
Among other things, the bill would:
As with the House-passed bill, the Senate proposal would likely disproportionately affect older adults, low-income working families, and immigrant communities, while straining state budgets and reducing overall food security. A detailed analysis of the impact of the proposed Senate plan, conducted by the Food Research & Action Center (FRAC) can be found here. In addition, the Center on Budget and Policy Priorities (CBPP) analysis of proposed SNAP changes can be found here.
Note: This portion of the E-Update was drafted prior to the consideration of the bill by the Senate parliamentarian to comply with Senate rules allowing a bill to come to the Senate floor, which is known as the "Byrd Bath." EducationCounsel expects to be releasing additional information in the coming day(s) providing updates on the outcomes of the Senate parliamentarian’s review.
Senate Finance Committee proposes budget reconciliation bill: On June 16, the Senate Finance Committee also released its proposed bill text (section-by-section) for inclusion in a larger Budget Reconciliation package being developed by multiple Senate committees. The draft expands tax cuts, increases some taxes, and cuts Medicaid, among other things.
Among other things, the bill would:
Note: EducationCounsel will be circulating a deeper analysis of the Senate Finance Committee’s proposed bill text in the coming day(s).
House:
House passes Trump Administration’s proposed rescissions package: On June 12, the House of Representatives passed H.R. 4, the Trump Administration’s proposal to rescind $9.4 billion of previously appropriated funding, by a vote of 214-212. Four Republican members joined all Democratic members in opposing the bill, including Representatives Mark Amodei (R-NV), Brian Fitzpatrick (R-PA), Nicole Malliotakis (R-NY), and Mike Turner (R-OH). While the proposed package would seek to codify DOGE’s – the “Department of Government Efficiency,” formerly led by Elon Musk - previous efforts to primarily reduce foreign assistance spending, the request also includes a proposed rescission of $1.07 billion for the Corporation for Public Broadcasting (CPB), which provides grants to the Public Broadcasting Service (PBS) and National Public Radio (NPR). The package now moves to the Senate for consideration where due to its privileged nature allows for expedited consideration in the Senate – meaning only a simple majority vote (51 votes) is required to pass the package in the Senate. Congress has 45 days from June 4 – when the President initially submitted the proposed rescission package to Congress – to either approve, disapprove, or amend the rescission package.
House Education and Workforce Subcommittee holds hearing on screentime in schools: On June 10, the House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, “Screentime in Schools.” The Subcommittee heard from four witnesses: Dr. Rich Nye, Special Advisor of Education to Governor Spencer Cox of Utah; Dr. Matthew Gibbins, Assistant Superintendent of Richardson Independent School District; Dr. Cheryl Holcomb-McCoy, President and Chief Executive Officer of the American Association of Colleges for Teacher Education; and Dr. Jean Twenge, Professor of Psychology at San Diego State University.
In his opening remarks, Subcommittee Chair Kevin Kiley (R-CA) highlighted concerns with allowing use of screens in schools, including how screens allegedly contribute to students poor classwork and the impact screens may have on students’ mental health. Chair Kiley continued though noting some of the benefits, saying, “We know that thoughtful, focused use of educational technology can be beneficial for students… [including] sensors and apps to gather evidence for investigations and do research faster than ever. This very Subcommittee has examined the use of AI as a targeted tool to increase student achievement.” Subcommittee Ranking Member Suzanne Bonamici (D-OR) shared similar sentiments in her opening remarks, stating that because technology has become an integral part of our everyday lives, “schools need to be equipped with the latest technology…but access to and use of technology must come with guardrails.” Ranking Member Bonamici also expressed support for local decision-making on technology policies, stating, “My colleagues on the other side of the aisle and officials in the Administration often say that the federal government should not be making decisions for local schools…as with curriculum decisions, technology policies should be managed by state and local officials.”
U.S. Courts:
Supreme Court issues decision on special education case: On June 12, the Supreme Court issued a unanimous decision in a Minnesota student’s lawsuit alleging discrimination under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The Supreme Court’s decision holds that students bringing claims under these laws “related to their education are not required to make a heightened showing of ‘bad faith or gross misjudgment.’” Instead, the Court clarified, these types of claims “should be subject to the same standards that apply in other disability discrimination contexts,” which typically require a showing of negligence or deliberate indifference.
Judge dismisses case against Trump Administration over cancellation of Columbia University’s funds: On June 16, a federal judge dismissed a lawsuit brought by the American Federation of Teachers (AFT) and the American Association of University Professors (AAUP), which represent faculty members at Columbia University, who sued the Trump Administration for efforts to cut nearly $400 million in federal funding for research in the name of combating antisemitism. District Judge Mary Kay Vyskocil said in her opinion that the AFT and AAUP lacked standing to bring forward the challenge, noting that Columbia University is “conspicuously absent from this case.” The judge went on to say, “Our democracy cannot very well function if individual judges issue extraordinary relief to every plaintiff who clamors to object to executive action.” Judge Vyskocil added, “If any funds have been wrongfully withheld, such funds may be recovered at the end of a successful lawsuit by the appropriate plaintiff in an appropriate forum.”
Courts decline to issue preliminary injunctions in lawsuits related to the Institute of Education Sciences (IES): On June 3, the court hearing the challenge brought by the Institute of Higher Education Policy (IHEP), Association for Education Finance and Policy (AEFP), National Academy of Education (NAEd), and National Council for Measurement in Education (NCME) related to the Administration’s actions regarding IES denied the plaintiffs’ motion for a preliminary injunction. The federal District Court in Maryland found that the Administrative Procedures Act (APA) likely does not bar the Administration’s actions. Separately, the court hearing the parallel challenge by American Educational Research Association (AERA) and Society for Research on Educational Effectiveness (SREE) on June 12, declined to issue a preliminary injunction, as well. The judge’s order in the AERA/SREE case described the current posture of the lawsuit as follows: “This Court’s assessment is a preliminary one based on a limited and quickly evolving record. It is not, and should not be taken as, predictive of this Court’s ultimate decision on the merits. These Plaintiffs have alleged, and have provided some evidence to support, a troubling pattern of conduct at IES. They have plausibly suggested that IES will be unable to fulfill its statutory duties in its shrunken state. But because they cannot make the requisite showings on the preliminary injunction factors, and, in particular, have not shown they have standing to seek the relief they are asking for, their motion for a preliminary injunction must be denied.” Both lawsuits will proceed, but in the meantime, the Administration does not have to reinstate the cancelled IES grants.
Tennessee and Students for Fair Admissions (SFFA) file lawsuit challenging Hispanic-Serving Institutions: On June 11, the State of Tennessee and SFFA filed a lawsuit in a Tennessee federal court to challenge the constitutionality of federal education grant programs supporting Hispanic-Serving Institutions (HSIs). HSIs are institutions of higher education with enrollment of at least 25% Hispanic students. Tennessee and SFFA – the same organization that successfully brought the lawsuits challenging the use of race in admissions at Harvard University and the University of North Carolina – argue that basing eligibility for federal grant opportunities on the demographic makeup of the student body is a form of racial discrimination.
California pre-emptively sues over funding threats: On June 9, the State of California filed a lawsuit in a California federal court against the U.S. Department of Justice (DOJ) to pre-emptively halt what the state’s Attorney General described as “imminent legal retaliation against California’s school systems.” The lawsuit focuses on the Trump Administration’s threats regarding state policy allowing transgender students to participate on sports teams that align with their gender. The policy is already the subject of a separate federal lawsuit and a federal Title IX investigation, but the pre-emptive lawsuit stems from President Trump weighing in about a California transgender high school athlete’s participation in the state track and field championships and calling on the California Interscholastic Federation (CIF) to prohibit her participation. After the athlete participated and medaled in two events, President Trump asserted in a June 3 social media post that “large scale fines will be imposed” on the state. That same day, the DOJ’s Civil Rights Division sent a letter to all California school districts warning them of “legal liability” and potential violation of the Equal Protection Clause for following CIF’s policy. The letter requested a “certification” response by June 9 that school districts will no longer do so. On June 3, the California Department of Education informed districts that the state will respond on their behalf—which it then did via this preemptive federal lawsuit.
Upcoming Events (Congress & Administration):
H.R. 3453, Empower Charter School Educators to Lead Act
H.R. 2516, Accreditation for College Excellence (ACE) Act of 2025
H.R. 4054, Accreditation Choice and Innovation Act
The markup will be held in 2175 Rayburn House Office Building and livestreamed here.
Publications (Outside Organizations):
Legislation:
Introduced in the House of Representatives:
H.R. 3753
A bill to amend title 38, United States Code, to increase the monthly housing stipend under the Post-9/11 Educational Assistance Program for individuals who pursue programs of education solely through distance learning on more than a half-time basis.
Sponsor: Rep. Juan Ciscomani (R-AZ)
H.R. 3792
A bill to amend title XI of the Social Security Act to prohibit providers participating in the Medicare program and State health care programs from requesting on intake forms information regarding the gender identity or sexual preference of minors.
Sponsor: Rep. Jefferson Van Drew (R-NJ)
H.R. 3797
A bill to codify Executive Order 14278 (relating to preparing Americans for high-paying skilled trade jobs of the future).
Sponsor: Rep. Tim Burchett (R-TN)
H.R. 3801
A bill to codify Executive Order 14280 (related to reinstating common sense school discipline policies).
Sponsor: Rep. Tim Burchett (R-TN)
H.R. 3802
A bill to codify Executive Order 14190 (relating to ending radical indoctrination in K–12 schooling).
Sponsor: Rep. Tim Burchett (R-TN)
H.R. 3836
A bill to codify Executive Order 14282 (relating to transparency regarding foreign influence at American universities).
Sponsor: Rep. Tim Burchett (R-TN)
H.R. 3847
A bill to protect the name, image, and likeness rights of student athletes, and for other purposes.
Sponsor: Rep. Lisa McClain (R-MI)
H.R. 3853
A bill to authorize the Secretary of Education to award grants to eligible entities to carry out professional development for arts educators and creative arts therapists to learn how to best accommodate children with disabilities, and for other purposes.
Sponsor: Rep. David Scott (D-GA)
H.R. 3913
A bill to amend the Higher Education Act of 1965 to establish immigration and residency requirements for individuals served by Federal TRIO programs, and for other purposes.
Sponsor: Rep. Erin Houchin (R-IN)
H.R. 3938
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
Sponsor: Rep. Maxine Waters (D-CA)
H.R. 3939
A bill to amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 3943
A bill to amend the Higher Education Act of 1965 to require institutions of higher education to provide notice to students receiving work-study assistance about potential eligibility for participation in the supplemental nutrition assistance program, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 3950
A bill to defend women's rights and protect freedom of conscience by using clear and accurate language and policies recognizing that women are biologically female and men are biologically male, and for other purposes.
Sponsor: Rep. Earl “Buddy” Carter (R-GA)
H.R. 3974
A bill to establish an Interagency Task Force to examine the conditions and experiences of Black women and girls in education, economic development, healthcare, labor and employment, housing, justice and civil rights, to promote community-based methods for mitigating and addressing harm and ensuring accountability, and to study societal effects on Black women and girls, and for other purposes.
Sponsor: Rep. Robin Kelly (D-IL)
H.R. 3985
A bill to amend the Higher Education Act of 1965 to establish notification requirements for policies and information concerning expectant and parenting students, and for other purposes.
Sponsor: Rep. Lucy McBath (D-GA)
H.R. 3994
A bill to improve data collection related to student parents pursuing higher education, and for other purposes.
Sponsor: Rep. Deborah Ross (D-NC)
H.R. 4005
A bill to amend title IV of the Elementary and Secondary Education Act of 1965 to establish the UNPLUGGED Schools Grant Program, and for other purposes.
Sponsor: Rep. Eugene Vindman (D-VA)
H.R. 4006
A bill to require the Director of the Department of Defense Education Activity to establish policy prohibiting the use of cellular phones and other distracting devices by students in DODEA schools, and for other purposes.
Sponsor: Rep. Eugene Vindman (D-VA)
H.R. 4020
A bill to authorize the Secretary of Defense to enter into arrangements with institutions of higher education to provide dual or concurrent enrollment programs for students enrolled in schools operated by the Department of Defense Education Activity, and for other purposes.
Sponsor: Rep. Robert Aderholt (R-AL)
H.R. 4026
A bill to amend the Higher Education Act of 1965 regarding proprietary institutions of higher education in order to protect students and taxpayers.
Sponsor: Rep. Steve Cohen (D-TN)
H.R. 4048
A bill to require the Director of the National Science Foundation to establish a program to award grants for certain STEM apprenticeship programs, require an interagency task force to submit a report regarding certain programs of the Federal Government focused primarily on career development and training in STEM, and for other purposes.
Sponsor: Rep. Luz Rivas (D-CA)
H.R. 4049
A bill to amend the Workforce Innovation and Opportunity Act to establish employer-directed skills accounts, and for other purposes.
Sponsor: Rep. Elise Stefanik (R-NY)
Introduced in the Senate:
S. 1988
A bill to prohibit the participation of males in athletic programs or activities at the military service academies that are designated for women or girls.
Sponsor: Sen. Tommy Tuberville (R-AL)
S. 2026
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
Sponsor: Sen. Dick Durbin (D-IL)
S.2028
A bill to authorize funding to expand and support enrollment at institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs, and for other purposes.
Sponsor: Sen. Tina Smith (D-MN)
S. 2036
A bill to amend the Higher Education Act of 1965 to establish immigration and residency requirements for individuals served by Federal TRIO programs, and for other purposes.
Sponsor: Sen. Jim Banks (R-IN)
S. 2092
A bill to prohibit the use of smartphones at Department of Defense Education Activity schools.
Sponsor: Sen. Jim Banks (R-IN)
S. 2107
A bill to amend the Higher Education Act of 1965 regarding proprietary institutions of higher education in order to protect students and taxpayers.
Sponsor: Sen. Dick Durbin (D-IL)
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.