The information covered below is from February 14, 2025, through February 27, 2025.

Highlights: 

• On February 14, the U.S. Department of Education’s Office for Civil Rights issued a “Dear Colleague” letter regarding the Trump Administration’s approach to civil rights enforcement in education, from preschool through higher education.
• On February 27, the Senate invoked cloture on a motion to proceed to the nomination of Linda McMahon to serve as Secretary of Education by a party-line vote of 51-47.
• On February 25, the House advanced H.Con.Res. 14, a budget resolution for FY2025, by a vote of 217-215, which provides reconciliation instructions requiring the drafting of legislation that could pass with a simple majority vote in the Senate, allowing for tax cut extensions of $4.5 trillion, reduced spending of a minimum of $1.5 trillion, and an increase to the statutory debt limit of $4 trillion.
• On February 21, the U.S. District Court for the District of Maryland issued a preliminary injunction in National Association of Diversity Officers in Higher Education v. Donald J. Trump that prohibits, among other things, federal agencies from basing the termination of any “equity-related grants or contracts” on either of President Trump’s anti-“DEI” Executive Orders. 

Administration:

White House:

President Trump issues a series of Executive Orders impacting education: As of February 27, President Trump has issued a series of Executive Orders (EOs) that impact education and related areas. The most recent Executive Orders, include, but are not limited to:

• “Keeping Education Accessible and Ending COVID-19 Vaccine Mandates in Schools,” which seeks to prevent federal funds from supporting schools and institutions of higher education that require students to receive COVID-19 vaccine for in-person education programs.
• “Ending Taxpayer Subsidization of Open Borders,” which seeks to prohibit federal funds from being provided to undocumented immigrants.
• “Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative,” which initiates a government-wide effort to reduce regulations, pull back on enforcement of existing rules, and limit new rulemaking.
• “Establishing the President’s Make America Healthy Again Commission,” which creates a new commission to address childhood disease.
• “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative,” which commences a transformation in Federal spending on contracts, grants, and loans to ensure Government spending is transparent and Government employees are accountable to the American public. The EO notes, “This process shall commence immediately and shall prioritize the review of funds disbursed under covered contracts and grants to educational institutions and foreign entities for waste, fraud, and abuse.”

Additionally, on February 26, the Office of Personnel Management (OPM) circulated a memo that requires agency heads to submit their plans for reductions in force, as required by President Trump’s “Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative,” by March 13.

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

White House invites public comment on Artificial Intelligence (AI) Action Plan: On February 25, the White House issued a press release calling attention to a February 6 Request for Information on the development of the Trump Administration’s AI Action Plan, which was directed as part of President Trump’s recent AI Executive Order. The plan will “define priority policy actions to enhance America’s position as an AI powerhouse and prevent unnecessarily burdensome requirements from hindering private sector innovation.” The White House Office of Science and Technology Policy specifically names “academia, industry groups, private sector organizations, state, local and tribal governments” among those invited to comment. Comments can be submitted online and will be accepted until 11:59 p.m. on March 15. More information is here.

U.S. Department of Education (USED):

U.S. Department of Education (USED) Office of Civil Rights issues Dear Colleague Letter regarding civil rights enforcement, which faces court challenge: On February 14, the USED Acting Assistant Secretary for Civil Rights issued a “Dear Colleague” letter regarding the Trump Administration’s approach to civil rights enforcement in education, from preschool through higher education. The letter purports to “clarify and reaffirm” the contours of federal nondiscrimination law under Title VI of the Civil Rights Act and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution on a wide range of issues affecting “schools and other entities that receive federal financial assistance from USED.” The letter advises educational institutions to ensure that their policies and actions comply with existing civil rights law.

In response, a coalition including the American Federation of Teachers filed a lawsuit on February 25, against the USED to challenge the legality of the Department’s Dear Colleague letter, which broadly characterized efforts to advance diversity, equity, and inclusion in education as unlawful racial discrimination. The OCR letter also threatened enforcement actions against these programs and policies, including the withholding of federal funds. The plaintiffs argue that the letter violated the First Amendment, the Fifth Amendment (due to its vagueness), and the Administrative Procedures Act. They also ask the court to prevent OCR from enforcing the letter through civil rights enforcement actions.

For further information on the letter, see EducationCounsel’s analysis here.

USED cancels the National Assessment of Educational Progress (NAEP) 2024-2025 Long-Term Trend Age 17 assessment: On February 19, the USED canceled the NAEP 2024-2025 Long-Term Trend Age 17 Mathematics and Reading assessments. While the USED has not issued a press release on the cancelations, 74 million reported that the upcoming test – which was scheduled to take palace from March 17 through May 23, 2025 – has been canceled. Marcie Hickman, project director of the NAEP Support and Service Center stated in an email to 74 million that, “The U.S. Department of Education has decided not to fund the NAEP 2024-2025 Long-Term Trend Age 17 assessment…All field operations and activities will end today, February 19, 2025.” Age 17 data was last collected in 2012, as the test was canceled for the 2019-20 school year due to the COVID outbreak. In the article, Andrew Ho, an assessment expert at Harvard University and former member of the National Assessment Governing Board, which sets policy for NAEP, stated, “This is just the first direct evidence that executive actions have weakened NAEP and its ‘gold standard’ infrastructure for monitoring educational progress."

USED cancels grants under the Comprehensive Centers program: On February 19, the USED announced the cancellation of 18 grants totaling $226 million that were awarded under the Comprehensive Centers Program. The Comprehensive Centers program provides capacity-building services to state educational agencies (SEAs), regional educational agencies (REAs), local educational agencies (LEAs), and schools aimed at improving educational opportunities and outcomes, closing achievement gaps, and improving the quality of instruction for all students, particularly students with the greatest need. The current cohort of the Comprehensive Centers network included a National Comprehensive Center, four Content Centers – The Center on English Learners and Multilingualism, The Center for Early School Success, The Center on Fiscal Equity, and The Center on Strengthening and Supporting the Educator Workforce – and 14 Regional Comprehensive Centers. The announcement noted that the Comprehensive Centers Program was designed, “to provide scalable ‘capacity-building’ services to states and systems within their regions, including reports and convenings to improve instructional materials and educational outcomes,” but asserts that, “instead, [the programs] have been forcing radical agendas onto states and systems, including race-based discrimination and gender identity ideology.” 

USED continues action on Title IX compliance with President Trump’s Executive Order: On February 20, the USED’s OCR released a statement “commending two athletic associations, the Wisconsin Interscholastic Athletic Association (WIAA) and the New Hampshire Interscholastic Athletic Association (NHIAA), which have changed their athletic policies to conform to President Trump’s Executive Order.” Craig Trainor, Acting Assistant Secretary for Civil Rights, “applauded” the state associations “for recognizing that this is the appropriate and correct understanding of Title IX.”

Conversely, on February 21, OCR opened an investigation of the Maine Department of Education amid allegations that it is allowing transgender girls to compete in girls’ sports, which is inconsistent with the Executive Order. On February 26, Acting Assistant Secretary Trainor issued a statement confirming that “OCR is still actively investigating Maine and one of its school administrative districts for apparent violations of federal law.”

USED launches “End DEI” portal: On February 27, the USED launched EndDEI.Ed.Gov, “a public portal for parents, students, teachers, and the broader community to submit reports of discrimination based on race or sex in publicly-funded K-12 schools.” The USED writes that parents can use the “secure portal” to provide an email address, the name of a school or school district, and details of the concerning practices, which the Department will use “as a guide to identify potential areas for investigation.” Announcing the portal, the USED quotes Tiffany Justice, co-founder of Moms for Liberty: “This webpage demonstrates that President Trump’s Department of Education is putting power back in the hands of parents.”

USED updates guidance on COVID-19 funding: On February 19, the USED announced an update to its policies related to the remaining $4.4 billion in state COVID-19 pandemic relief funding. Prior to this announcement, states could draw down on existing awards to pay for approved services without proof that the funds were used for authorized purposes. The updated process requires that all future payments under the Coronavirus Aid, Relief, and Economic Security Act, Coronavirus Response and Relief Supplemental Appropriations Act, and American Rescue Plan Act spent on allowable expenditures must be paid by the states in advance and then submitted to the Department for reimbursement.

USED removes requirement regarding how states approve select entities’ authorization of charter schools: On February 20, the USED announced a change to Charter School Program (CSP) grant awards, removing a requirement set by the Biden Administration that the Secretary of Education review information on how states approve select entities’ (e.g., private colleges and universities) authorization of charter schools in states where they are already lawful authorizers. The announcement notes that the change “returns educational authority to the states, reduces burdensome red tape, and expands school choice options for students and families.” The announcement also includes a statement from South Carolina Superintendent of Education Ellen Weaver, who shared, “This decision will allow states like South Carolina to innovate and expand on high-quality charter schools in our state.”

Personnel:

Senate clears procedural hurdle on Linda McMahon to serve as Secretary of Education with a confirmation vote scheduled for March 3: On February 27, the Senate invoked cloture on a motion to proceed to the nomination of Linda McMahon to serve as Secretary of Education by a party-line vote of 51-47. With the Senate having agreed to limiting debate on McMahon’s nomination, a final confirmation vote in the Senate has been scheduled for McMahon on March 3. Previously, McMahon’s nomination advanced out of the Senate Health, Education, Labor and Pensions (HELP) Committee by a 12-11 party-line vote on February 20. Prior to the vote, Senate HELP Committee Chair Bill Cassidy (R-LA) stated, “Throughout the nomination process, Ms. McMahon demonstrated a strong vision for the Department of Education. She committed to empowering parents and returning power to states and local communities, which, by the way, are best equipped to address students’ needs.”

Senate HELP Committee advances the nomination of Lori M. Chavez-DeRemer to serve as Secretary of Labor: On February 27, the Senate HELP Committee advanced the nomination of Lori M. Chavez-DeRemer to serve as U.S. Secretary of the Department of Labor (DOL) by a vote of 14-9. The nomination earned support from all Committee Republicans with the exception of Senator Rand Paul (R-KY) who voted against Chavez-DeRemer because of her previous co-sponsorship of the Protecting Rights to Organize (PRO) Act, while a member of the U.S. House of Representatives. The PRO Act would expand labor protections related to employees’ rights to organize and collectively bargain in the workplace. Three Democratic Committee members – Senators Maggie Hassan (D-ND), Tim Kaine (D-VA) and John Hickenlooper (D-CO) – supported her nomination

Previously, the Committee held a hearing on February 19 to consider Chavez-DeRemer’s nomination. Speaking directly to Chavez-DeRemer in his opening remarks, Committee Chair Bill Cassidy (R-LA) stated, “Your nomination has support from both unions and businesses. You are in a unique position to build a bridge between these two groups to benefit all workers.” While Chair Cassidy expressed concern over Chavez-DeRemer’s support of the PRO Act, Ranking Member Bernie Sanders (I-VT) highlighted the bill as a favorable part of her record, adding his appreciation to her support of union apprenticeship programs, among other policies and programs.

In her testimony, Chavez-DeRemer referenced her experience as a small business owner, mayor of Happy Valley, Oregon, and member of Congress. Naming changes in the economic landscape - rising prices, falling wages, employer layoffs - Chavez-DeRemer stated, “To rebuild confidence and strengthen our workforce, we must invest in educational pathways beyond the traditional four-year degree, ensuring that every American worker has access to the skills and training for long term success.” Throughout her remarks, Chavez-DeRemer emphasized her commitment to “implement[ing] President Trump’s policy vision, and my guiding principle will be President Trump’s guiding principle: ensuring a level playing field for businesses, unions, and most importantly, the American worker.”

Commissioner of the National Center for Education Statistics (NCES) placed on administrative leave: On February 24, Peggy Carr, who has served as NCES Commissioner since 2021, was placed on administrative leave by the Trump Administration. As NCES Commissioner, Carr oversaw the administration of the National Assessment of Educational Progress (NAEP), also known as the Nation’s Report Card. Carr’s term was not set to expire until 2027. According to NPR, “the Education Department's press office confirmed her leave but did not provide any reason in a request for more information.” The suspension of Carr came less than a week after the Department announced that it was canceling the NAEP 2024-2025 Long-Term Trend Age 17 Mathematics and Reading assessments. In speaking with 74 million regarding Carr’s suspension, Eric Hanushek, a Stanford University economist and former member of the National Assessment Governing Board, stated, “Without knowledgeable decision makers like Peggy Carr, it is likely that the scientific quality of NAEP, and other important data collections, will be eroded.” However, according to the same article, Mark Schneider, former Institute Education Sciences Director, noted that the increasing costs of NAEP during Carr’s tenure were likely not aligned with the Trump Administration’s goal of reducing federal spending.

Congress:

Congressional Democrats raise objections to DOGE’s cuts to IES: On February 21, Congressional Democrats, led by House Education and Workforce Ranking Member Bobby Scott (D-VA), Senate HELP Ranking Member Bernie Sanders (I-VT), and Senate Appropriations Ranking Member Patty Murray (D-WA), sent a letter to USED Acting Secretary Denise Carter and Institute for Education Sciences (IES) Acting Director Matt Soldner “to raise serious objections to Elon Musk’s DOGE’s work at the Department of Education, which appears to have resulted in recent orders to terminate ongoing federal education research, evaluation, statistics, and technical assistance efforts at the IES.” The letter continues, naming the “illegal firing” of the Education Inspector General and an “unknown number of staff at the Department,” which “raise significant concern about what appears to be a series of steps intended to achieve the illegal elimination of the Department that will undermine the ability of the Department to effectively administer and oversee federal education programs and funds, exposing them to increased risk for waste, fraud, and abuse.” Describing specific contracts and studies that were cancelled, including Equity Assistance Centers (EACs) and Congressionally-authorized Regional Educational Laboratories (RELs), the letter describes the decisions as “short-sighted and wasteful.” The letter concludes requesting answers to 23 questions, including a list of the contracts canceled since January 20, the process employed to review IES spending and the standard used to determine which contracts were canceled, and the USED, IES, and DOGE offices and staff that were involved in the contract reviews and cancelations.

House:

House passes FY2025 budget resolution: On February 25, the House advanced H.Con.Res. 14 by a vote of 217-215, which provides reconciliation instructions requiring the drafting of legislation that could pass with a simple majority vote in the Senate, allowing for tax cut extensions of $4.5 trillion, reduced spending of a minimum of $1.5 trillion, and an increase to the statutory debt limit of $4 trillion. Previously, the House Budget Committee held a markup and advanced the resolution, on a 21-16 party line vote, on February 13. Regarding the reduction in spending of $1.5 trillion called for in the House budget resolution, the House Education and Workforce Committee is charged with reducing spending of $330 billion over 10 years, the House Agriculture Committee with reducing spending of $230 billion over 10 years, and the House Education and Commerce Committee (which has jurisdiction over the Medicaid program) with $880 billion over 10 years. Under the budget resolution, Committees must submit recommendations by March 27, 2025, for reduced spending to the House Budget Committee. The Senate is expected to consider the House budget resolution in the coming weeks, including whether the Senate will include any changes to the resolution. Ultimately, the budget resolution must pass both the House and Senate.

House Appropriations Subcommittee holds hearing on federal funding for elementary education: On February 26, the House Appropriations Subcommittee on Labor, Health and Human Services, Education held a hearing titled, “Federal Investments in Elementary Education.” The Subcommittee heard from four witnesses: Virginia Gentles, Director of the Defense of Freedom Institute for Policy Studies; Dr. Lindsey Burke, Director of the Center for Education Policy at the Heritage Foundation; Robert Kim, Executive Director of the Education Law Center; and Starlee Coleman, President and CEO of the National Alliance for Public Charter Schools.

In his opening remarks, Subcommittee Chair Robert Aderholt (R-AL) stated, “America’s students are struggling [and] the current system has failed these kids by leaving them wholly unprepared for the workforce. In too many schools, education in core subjects like reading and math are being replaced by indoctrination. School administrators and teachers are too focused on social justice issues that schools were never meant to address and not focused enough on academic instruction.”

In response, Full Committee and Subcommittee Ranking Member Rosa DeLauro (D-CT), in her opening remarks, noted that federal investments in education have “demonstrably improved outcomes for children and…ending these investments will jeopardize the future success and prosperity for millions of young Americans.” She further argued that “these are not normal times, and we cannot do business as usual” speaking about the “illegal funding freeze” and “illegally terminating the Department of Education.”

In witness remarks, Gentles argued, “Our country is experiencing an undeclared crisis in education and the federal government has failed in its mission to help academically vulnerable students. Please try something new: Empower states and empower families.” Burke, who authored the Project 2025 chapter on education, recommended that “Congress pass a Department of Education Reorganization Act to remove cabinet-level agency status from the Department, eliminate ineffective and duplicative programs, and send remaining programs to other agencies” and “establish school choice through mechanisms like Title I portability, expansions of 529 savings accounts to homeschooling families, and education savings accounts for active-duty military families.”

Kim, from the Education Law Center, countered those critical of federal investments in education by noting that “depriving public schools of critical federal funding would have immediate and long-term negative consequences for millions of students and communities across the country.” Arguing against funding for vouchers or other school choice programs, Kim said that, “Converting federal formula funds to voucher programs would…transfer billions of dollars from public education to the private sector. The private schools that benefit from such programs do not have the same level of accountability as public schools for using taxpayer funds effectively, do not have to comply with federal and state laws requiring public schools to be nondiscriminatory and open to all, and do not improve, and in fact worsen, student outcomes.”

Finally, Coleman, from the National Alliance for Public Charter Schools, advocating for more federal support for charter schools, noted that, “There is currently one program in the entire federal budget dedicated to advancing school choice across the country and that is the federal Charter School Program. The modest federal investment - $440 million a year - is less than 1% percent of federal education spending.”

During witness questioning, Republican members focused on the recent NAEP scores and claimed that results showed that federal funding has not improved student outcomes. Most argued in favor of expanded school choice options, as suggested by some of the witnesses, such as converting Title I funds to school vouchers or expanding 529 accounts to cover private school tuition. Chair Aderholt noted recent Executive Orders from the Trump Administration to “champion school choice.” Democratic members of the committee were uniformly focused on DOGE, the impact of the cuts and grant terminations that DOGE has recommended, and expected efforts to dismantle the Department of Education.

House Education and the Workforce holds hearing on strengthening the American workforce and economy: On February 26, the House Education and the Workforce Committee held a hearing titled, “Unleashing America's Workforce and Strengthening Our Economy.” The Committee heard from four witnesses: Ms. Rosanna Maietta, President and CEO of the American Hotel and Lodging Association; Dr. William Beach, Senior Fellow in Economics at the Economic Policy Innovation Center; Elizabeth Milito, Executive Director of the National Federation of Independent Business at the Small Business Legal Center; and Dr. Hedi Shierholz, President of the Economic Policy Institute.

In his opening statement, Committee Chair Tim Walberg (R-MI) criticized the regulatory agenda of the Biden Administration, stating that the regulations “put up barriers to hiring and harmed American workers and businesses.” Chair Walberg noted the “optimism” that Congress has to “extend many provisions of the Tax Cuts and Jobs Act of 2017 and enact new tax proposals to benefit working families and businesses.” Chair Walberg concluded his remarks, stating that the Committee will, in the 119th Congress, “consider legislative proposals to improve the lives of American workers, reduce burdens on small businesses, address critical workforce shortages, and stimulate economic growth.”

Conversely, Committee Ranking Member Bobby Scott (D-VA) began his remarks referencing job creation from the Biden Administration. Ranking Member Scott expressed concern over some of the workforce-related actions the Trump Administration has taken, including the firings of Inspectors General, members of the National Labor Relations Board (NLRB), and two Equal Employment Opportunity Commission Commissioners, naming the challenges the labor industry faces in addressing claims of workplace discrimination. Additionally, Ranking Member Scott addressed actions of DOGE related to accessing agency data, inviting Chair Walberg and Republicans “to join [Democratic] efforts to ask Elon Musk and DOGE questions about what they are doing so that we can get some sense of what they have access to, why they need access to it, and what they are doing with that information.”

House Education and Workforce Committee Ranking Member Scott requests information from the USED, the U.S. Department of Health and Human Services, and DOL regarding sensitive data accessed by Department of Government Efficiency (DOGE): On February 25, House Education and Workforce Ranking Member Scott wrote letters to the Chief Information Officers at the Departments of Education, Health and Human Services, and Labor requesting information regarding reports that the DOGE accessed sensitive data systems at each of the agencies. Ranking Member Scott expressed concern over the DOGE accessing payment and contracting systems, including those to health care providers that service Medicare and Medicaid, as well as “allegedly feeding sensitive personal and financial data from the [USED] into artificial intelligence software.” The letters request a “detailed description of the agency databases DOGE has sought, been granted, or accessed,” as well as information regarding the extent of access and whether DOGE employees have the ability to modify data and/or software.

House Education and Workforce Committee Chair Walberg requests information on Columbia University’s efforts to protect Jewish Students: On February 13, House Education and Workforce Committee Chair Tim Walberg (R-MI) sent a letter to Columbia University administrators requesting disciplinary records for antisemitic incidents. Chair Walberg wrote that “Columbia has failed to uphold its commitments” to combat antisemitism on campus. Chair Walberg asserts that the “negligence” of Columbia leadership “has created a hostile environment for members of Columbia’s Jewish communities and resulted in severe disruptions to the university’s learning environment,” and requests information on the institution’s response to multiple specific incidents.

House Oversight and Government Reform Committee Chair Comer and House Rules Committee Chair Foxx investigate foreign funding reporting requirements at institutions of postsecondary education: On February 19, the House Committee on Oversight and Government Reform Chair James Comer (R-KY) and House Rules Committee Chair Virginia Foxx (R-NC) announced an investigation of foreign funds going to institutions of higher education in the U.S. following reports to the USED asserting donations by foreign nations. In a letter to USED Acting Secretary Denise Carter, Chairs Comer and Foxx cite a September 2024 report from the House Select Committee on the Chinese Communist Party that states an “abject failure” of the Biden Administration in enforcing the foreign donation reporting requirements. Chairs Comer and Foxx request information on any institutions currently being investigated or were investigated after January 20, 2021, for non-compliance with reporting requirements, as well as the Federal Student Aid employees responsible for investigations.

U.S. Courts:

Two federal district courts issue orders affecting the Trump Administration’s efforts to terminate federal education grants and contracts: First, on February 21, the U.S. District Court for the District of Maryland issued a preliminary injunction in National Association of Diversity Officers in Higher Education v. Donald J. Trump that prohibits, among other things, federal agencies from basing the termination of any “equity-related grants or contracts” on either of President Trump’s anti-“DEI” Executive Orders (EOs). The court found it is likely that parts of the EOs will be found to be unconstitutional in one or both of two ways: content-based restrictions on free speech under the First Amendment and unduly vague and overbroad policies in violation of the Fifth Amendment’s due process protections.

Second, on February 13, the U.S. District Court for the District of Columbia issued a temporary restraining order (TRO) in AIDS Vaccine Advocacy Coalition v. United States Department of State & Global Health Council v. Donald J. Trump that holds that federal foreign assistance grants or contracts may not have their funding or performance suspended or terminated on a blanket basis. The court found a likely violation of the Administrative Procedure Act (APA) given that the actions were taken by USAID without showing that each grant, contract, or program being suspended or terminated has been reviewed and provided a rational basis for the action. Although the TRO is directed at foreign assistance programs, the court’s rationale for enjoining blanket suspensions and terminations as likely violating the APA would appear to be relevant to other lawsuits that might challenge similar suspensions and terminations in other contexts, as the APA broadly applies to executive agency actions. For example, the USED appears to have taken a blanket approach to terminating 89 Institute for Education Sciences (IES) research and data contracts.

U.S. Circuit Court of Appeals upholds injunction against SAVE and REPAYE plan and directs lower court to strengthen the injunction: On February 18, the 8th U.S. Circuit Court of Appeals upheld an injunction to continue to block the SAVE and REPAYE plans. The case will now return to the Eastern Missouri lower district court, “which is tasked with issuing a final ruling on the fate of the SAVE plan,” according to the National Association of Student Financial Aid Administrators (NASFAA). Introduced in 2023 by the Biden Administration, the SAVE plan reduced student loan payments from 10% to 5% of a borrower’s discretionary income and included shorter timeframes for forgiveness for certain borrowers, among other provisions. Less generous than the SAVE plan, the REPAYE plan capped federal student loan payments at 10% of your discretionary income and forgave remaining balances after 20 or 25 years of repayment. According to NASFAA, the decision builds on an earlier injunction from July 2024, “which blocked the SAVE plan in its entirety leading borrowers who enrolled in the SAVE plan being placed into an interest-free forbearance, where they have remained since.” NASFAA also noted that the February 18 decision, “directed the lower court to strengthen the injunction, stating that the block on the SAVE plan should be broader.” Additionally, according to The Hill, U.S. Circuit Judge L. Steven Grasz in the decision stated, “The Secretary has gone well beyond this authority by designing a plan where loans are largely forgiven rather than repaid.”

District Court issues temporary restraining order blocking USED and the Office of Personnel Management (OPM) from sharing private information with DOGE: On February 24, the U.S. District Court for the District of Maryland issued a temporary restraining order (TRO) blocking the USED and the OPM from sharing private information of federal employees and student borrowers with the DOGE. The court found that it is likely that sharing plaintiffs’ personal data violates multiple federal privacy laws, that disclosing the data to other government officials such as “DOGE” staff is a harm even if the data is not made public, and the privacy violations here could cause irreparable harm to the plaintiff that future monetary damages would be insufficient to compensate. The case was brought by the American Federation of Teachers, and the injunction applies only to the plaintiffs, and other courts have come to a different conclusion about whether DOGE’s mere access to the data causes enough of a harm to justify a TRO. It is therefore likely that this issue will be appealed to higher courts.

Seventeen states sue HHS over constitutionality of Biden Administration final rule on 504 plans: On February 13, sixteen states joined Texas in a case against the HHS, first filed in September 2024, alleging that the Biden Administration’s final rule under Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) exceeds the HHS’ statutory authority, is arbitrary and capricious, and is unlawful. Specifically, the states challenge the inclusion of “gender dysphoria” as “a physical or mental impairment” in the final rule. The plaintiffs state the negative impact of the rule, including challenges with Medicaid compliance.

District Court issues preliminary injunction blocking Trump Administration’s immigration enforcement activities in certain places of worship: On February 24, the U.S. District Court for the District of Maryland issued a preliminary injunction blocking the Trump Administration’s ability to engage in immigration enforcement activities in the plaintiff religious groups’ places of worship. The case was brought by the Philadelphia Yearly Meeting of the Religious Society of Friends against the Department of Homeland Security and in conjunction with President Trump’s “Protecting the American People Against Invasion” Executive Order, which rescinded the Biden Administration’s guidance carving out certain “sensitive areas” such as places of worship, hospitals, and schools and universities from immigration enforcement. The injunction applies only to places of worship and even more specifically only those belonging to the specific plaintiffs in the suit.

Upcoming Events (Congress & Administration):

• On March 3 at 5:30 p.m., the U.S. Senate will vote on the nomination of Linda McMahon to serve as Secretary of Education. More information is here.
• On March 4 at 9:00 p.m., President Trump will deliver a joint address to Congress.
• On March 5 at 10:15 a.m., the House Education and Workforce will hold a hearing titled, “Strengthening WIOA & Improving Outcomes for America's Workforce.” Witnesses have not yet been announced. The hearing will be held in 2175 Rayburn House Office Building and livestreamed here.
• On March 5 at 10:30 a.m., the House Appropriations Subcommittee on Labor, Health and Human Services, Education will host a Member Day Hearing. The hearing will be held in 2358-C Rayburn House Office Building and livestreamed here.

Upcoming Events (Outside Organizations):

• On March 4 at 3:00 p.m., the Campaign for Grade-Level Reading will host a webinar titled, “For-Profit Child Care: Implications, Challenges and Opportunities.” Voices from both the early childhood and the economics fields will explore how private equity and other profit-seeking investments are intersecting with local, state, and federal government investments and what we can all do to ensure that high-quality child care remains affordable and accessible. Speakers include: Marquita Davis, Ph.D., Chief Academic Officer at KinderCare; Elliot Haspel, Senior Fellow at Capita; Susan Gale Perry, CEO at Child Care Aware of America; and Simon Workman, Principal at Prenatal to Five Fiscal Strategies, among others. More information and registration are here.
• On March 5 at 4:00 p.m., the American Enterprise Institute (AEI) will host a webinar titled, “School Rethink 2.0: Shaping the Future with Personalization, Mastery Learning, and AI.” The webinar will consider how new modes of instruction may better fit the diversity of students’ needs, and what it looks like to put into practice such forms of teaching and learning. Speakers include: Kristen DiCerbo, Chief Learning Officer at the Khan Academy; John Bailey, AEI Nonresident Senior Fellow; Scott Ellis, CEO of Mastery Track; Beth Rabbitt, CEO of the Learning Accelerator; and Michael Horn, Co-founder of the Clayton Christensen Institute. More information and registration are here.

Publications (Outside Organizations):

• In January, the Chicago Consortium of School Research published a report titled, “Early Insights from the Revalidation of the Cultivate Survey.” This research seeks to measure the accuracy and reliability of Chicago Public Schools (CPS)’s Cultivate survey, which conducts a rigorously developed student voice survey, which captures students’ experiences of their learning conditions, twice annually since the 2022-23 academic year. The research found that the survey captures the learning conditions it was designed to measure, positive and substantial changes in how valued students feel can be predicted by improving their experiences of their learning conditions from fall to spring, and that within years shifts in students’ experiences of learning positively shape critical student beliefs that have long-run returns to academic and social development.
• On February 21, CASEL published a report titled, “By Choice Not By Chance: Engaging Social and Emotional Learning to Create a Supportive Climate and Discipline Strategies.” The report highlights how supportive climate and discipline strategies work together to build schools where all students thrive. The report advocates for a supportive school climate, which focuses on proactive measures, and supportive discipline, which provides a responsive approach by prioritizing relationships and learning when discipline incidents occur.
• On February 26, EdTrust published a report titled, “A Scan of State Universal FAFSA Policies.” The report analyzes policies of 14 states that have had, currently have, or will soon implement universal Free Application for Federal Student Aid (FAFSA) policies and how these policies impact FAFSA submission and completion rates, as well as the impact on enrollment among Pell Grant recipients. The report found that universal FAFSA requirements ensure exposure to the FAFSA for high school seniors and develops an understanding of the federal student aid available. The report recommends publishing data on alternative state-specific financial aid application completion rates, publishing data on opt-out rates while tracking disparities, and addressing the gap between FAFSA submissions and completion.

Legislation:

Introduced in the House of Representatives:

H.R. 1391
A bill to amend title 38, United States Code, to provide restoration of entitlement to educational assistance to individuals defrauded by educational institutions receiving payment on behalf of such individuals under the laws administered by the Secretary of Veterans Affairs and to provide repayment of funds to the Secretary from such educational institutions, and for other purposes.
Sponsor: Rep. Delia Ramirez (D-IL)

H.R. 1408
A bill to amend the Internal Revenue Code of 1986 to double the value of certain tax benefits relating to children and dependents.
Sponsor: Rep. Sharice Davids (D-KS)

H.R. 1409
A bill to direct the Secretary of Education to carry out a grant program for skills-for-success courses for all first-year students enrolled at certain institutions of higher education.
Sponsor: Rep. Valerie Foushee (D-NC)

H.R. 1416
A bill to amend the General Education Provisions Act to require parental notification and consent with respect to certain activities, and for other purposes.
Sponsor: Rep. Harriet Hageman (R-WY)

H.R. 1423
A bill to amend title 38, United States Code, to expand eligibility for Post-9/11 Educational Assistance to members of the National Guard who perform certain full-time duty, and for other purposes.
Sponsor: Rep. Mike Levin (D-CA)

H.R. 1425
A bill to amend the Internal Revenue Code of 1986 to increase the amount of the child tax credit, to make such credit fully refundable, to remove income limitations from such credit, and for other purposes.
Sponsor: Rep. Ryan Mackenzie (R-PA)

H.R. 1426
A bill to amend the Internal Revenue Code of 1986 to increase the amount allowed as a credit under the expenses for household and dependent care services credit and the employer-provided child care credit.
Sponsor: Rep. Ryan Mackenzie (R-PA)

H.R. 1428
A bill to amend the Community Services Block Grant Act to update the Federal poverty line, and for other purposes.
Sponsor: Rep. Kevin Mullin (D-CA)

H.R. 1434
A bill to provide funding to summer youth employment programs to expand the availability of subsidized jobs for youths and to develop innovative program activities that improve academic, economic, and criminal justice outcomes for youths, and for other purposes.
Sponsor: Rep. Mikie Sherrill (D-NJ)

H.R. 1446
A bill to amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes.
Sponsor: Rep. Rick Allen (R-GA)

H.R. 1458
A bill to amend title 38, United States Code, to modify the criteria for approval of certain independent study programs for purposes of the educational assistance programs of the Department of Veterans Affairs.
Sponsor: Rep. Juan Ciscomani (R-AR)

H.R. 1490
A bill to amend the Internal Revenue Code of 1986 to allow certain return information disclosed to institutions of higher education for financial aid purposes to also be used for certain Federal TRIO programs.
Sponsor: Rep. Gwen Moore (D-WI)

H.R. 1524
A bill to amend the Elementary and Secondary Education Act of 1965 to require silent alarms in elementary schools and secondary schools, and for other purposes.
Sponsor: Rep. Josh Gottheimer (D-NJ)

H.R. 1527
A bill to amend title 38, United States Code, to make certain improvements to the laws administered by the Secretary of Veterans Affairs relating to educational assistance, and for other purposes.
Sponsor: Rep. John James (R-MI)

H.R. 1557
A bill to implement title IX of the Education Amendments of 1972 with respect to elementary and secondary schools, and for other purposes.
Sponsor: Rep. Sean Casten (D-IL)

H.R. 1570
A bill to amend the Individuals with Disabilities Education Act to require notification with respect to individualized education program teams, and for other purposes.
Sponsor: Rep. Erin Houchin (R-IN)

H.R. 1572
A bill to direct the Secretary of Education to award grants to local educational agencies to establish or improve world language or dual language programs, and for other purposes.
Sponsor: Rep. Jennifer Kiggans (R-VA)

H.R. 1573
A bill to establish a process to furnish to State educational agencies certain demographic data regarding members of the Armed Forces.
Sponsor: Rep. Susie Lee (D-NV)

H.R. 1611
A bill to amend the Internal Revenue Code of 1986 to provide a refundable tax credit for certain teachers as a supplement to State efforts to provide teachers with a livable wage, and for other purposes.
Sponsor: Rep. Jahana Hayes (D-CT)

H.R. 1633
A bill to amend the Workforce Innovation and Opportunity Act to codify a grant program to promote and assist in the reentry of ex-offenders into the workforce.
Sponsor: Rep. Lloyd Smucker (R-PA)

H.R. 1635
A bill to amend the Higher Education Act of 1965 to increase the period of eligibility for Federal Pell Grants, and for other purposes.
Sponsor: Rep. Haley Stevens (D-MI)

H.R. 1641
A bill to require the Secretary of Education to disclose information about career and technical education and funding under the Carl D. Perkins Career and Technical Education Act of 2006, and require FAFSA applications to include a career and technical education acknowledgment.
Sponsor: Rep. Roger Williams (R-TX)

H.R. 1642
A bill to amend the Small Business Act to include requirements relating to graduates of career and technical education programs for small business development centers and women's business centers, and for other purposes.
Sponsor: Rep. Roger Williams (R-TX)

H.R. 1649
A bill to amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes.
Sponsor: Rep. Rick Allen (R-GA)

H.R. 1660
A bill to award grants to States to establish or improve, and carry out, Seal of Biliteracy programs to recognize high-level student proficiency in speaking, reading, and writing in both English and a second language, and early language programs.
Sponsor: Rep. Julia Brownley (D-CA)

H.R. 1666
A bill to index the maximum value of Federal Pell Grants to inflation.
Sponsor: Rep. Sean Casten (D-IL)

H.R. 1697
A bill to amend the Internal Revenue Code of 1986 to provide equitable treatment for residents of Puerto Rico with respect to the refundable portion of the child tax credit.
Sponsor: Rep. Pablo Hernandez (D-PR-At Large)

H.R. 1739
A bill to amend the Higher Education Act of 1965 to provide for fiscal accountability, to require institutions of higher education to publish information regarding student success, to provide for school accountability for student loans, and for other purposes.
Sponsor: Rep. Chip Roy (R-TX)

H.R. 1759
A bill to amend the Higher Education Act of 1965 to allow borrowers of Parent PLUS loans or loans under section 428B made on behalf of a dependent student to repay such loans pursuant to an income-contingent repayment plan or income-based repayment plan, and for other purposes.
Sponsor: Rep. Maxine Waters (D-CA)

H.Res. 144 
A resolution expressing support for the designation of the month of March 2025 as "National March into Literacy Month".
Sponsor: Rep. Rick Allen (R-GA)

H.Res. 163
A resolution expressing the sense of the House of Representatives that the goal of education in schools across America shall be that virtually every student in the United States achieves grade-level reading proficiency, providing them with the foundation to develop the skills and knowledge needed for success in school, work, and life.
Sponsor: Rep. Bill Huizenga (R-MI)

Introduced in the Senate:

S. 738
A bill to provide a moratorium on all Federal research grants provided to any institution of higher education or other research institute that is conducting dangerous gain-of-function research.
Sponsor: Sen. Roger Marshall (R-KS)

S. 740
A bill to expand the use of open textbooks in order to achieve savings for students and improve textbook price information.
Sponsor: Sen. Dick Durbin (D-IL)

S. 745
A bill to amend the Individuals with Disabilities Education Act to require notification with respect to individualized education program teams, and for other purposes.
Sponsor: Sen. Eric Schmitt (R-MO)

S. 756
A bill to amend the Internal Revenue Code of 1986 to treat certain postsecondary credentialing expenses as qualified higher education expenses for purposes of 529 accounts.
Sponsor: Sen. Amy Klobuchar (D-MN)

S. 758
A bill to support the establishment of an apprenticeship college consortium.
Sponsor: Sen. Amy Klobuchar (D-MN)

S. 772
A bill to amend the Internal Revenue Code of 1986 to make the exclusion for certain employer payments of student loans under educational assistance programs permanent.
Sponsor: Sen. Mark Warner (D-VA)

S. 801
A bill to amend the Higher Education Act of 1965 to provide for fiscal accountability, to require institutions of higher education to publish information regarding student success, to provide for school accountability for student loans, and for other purposes.
Sponsor: Sen. Mike Lee (R-UT)

S. 810
A bill to ensure that there are no reductions in funding for critical education programs for fiscal years 2025, 2026, and 2027, and for other purposes.
Sponsor: Sen. Ed Markey (D-MA)