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E-Updates

March 31, 2025

E-Update for March 31, 2025

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

Highlights:

  • On March 20, President Trump issued an Executive Order (EO) titled, “Improving Education Outcomes by Empowering Parents, States, and Communities” that directs the Secretary of Education “...to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
  • On March 24, a coalition, including the National Association for the Advancement of Colored People (NAACP), public school parents, and the National Education Association (NEA), challenged the Trump Administration’s March 20 Executive Order calling for the dismantling of the Department of Education (USED), claiming that the order violates Congress’s authority to create offices and the Administrative Procedure Act.
  • On March 24, a coalition of teachers, professors, school districts, and unions filed a lawsuit challenging the constitutionality of actions by the Trump Administration to “decimate” the USED, including the March 20 Executive Order and efforts to move key functions of the Department to other federal agencies.

Administration:

White House:

President Trump issues Executive Order aimed at closing the Department of Education: On March 20, President Trump issued an Executive Order (EO) titled, “Improving Education Outcomes by Empowering Parents, States, and Communities” that directs the Secretary of Education “...to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.” Additionally, the EO has a second substantive provision that charges USED Secretary McMahon with ensuring that recipients of federal education funds are in “rigorous compliance with Federal law and Administration policy.” The EO specifically notes the need to “terminate illegal discrimination obscured under the label ‘diversity, equity, and inclusion’ or similar terms and programs promoting gender ideology.” For more information on this EO, please see EducationCounsel’s more detailed analysis here.

Shortly after the EO was issued, on March 21, USED Secretary McMahon published an op-ed in Fox News titled, “My vision for eliminating the Department of Education.” In the op-ed, Secretary McMahon raises concerns with increases in federal spending in education, while “test scores have flatlined and millions of students remain stuck in failing government-run schools.” Secretary McMahon continued that the “mandate [from the EO] is twofold: (1) to plan, in coordination with Congress, for eliminating or relocating the functions and operations of the Department of Education, and (2) to ensure that no taxpayer money flows to DEI programs or institutions that embrace DEI.” Secretary McMahon also notes actions that the Department can take to abolish the Department saying, “we will systematically unwind unnecessary regulations and prepare to reassign the department’s other functions to the states or other agencies – including funding programs for states to support low-income students and learners with special needs, the distribution of student financial aid, civil rights enforcement and data collection.”

Following his signing of the EO, President Trump stated in the Oval Office on March 20, that the student loan portfolio would be moved to the jurisdiction of the Small Business Administration “immediately.” President Trump added that issues surrounding “special needs,” likely referring to students with disabilities, as well as nutrition programs, would be moved to the HHS. However, in an appearance on CNN on March 23, Secretary McMahon emphasized that President Trump will “move things in accordance with the law and cooperation with Congress,” adding, “He certainly knows that if there are statutes or laws that are governing where they need to be, we'll have to abide by the law.”

President Trump issues Executive Order on promoting inter-agency data sharing: On March 20, President Trump issued an EO titled, “Stopping Waste, Fraud, and Abuse by Eliminating Information Silos.” The EO states that the purpose of the order is to “remov[e] unnecessary barriers to federal employees accessing government data and promot[e] inter‑agency data sharing” in working towards “eliminating…inefficiency.” The EO requires that agency leadership “rescind or modify all agency guidance that serves as a barrier to the inter- or intra-agency sharing of unclassified information,” and report to the Office of Management and Budget (OMB) whether agency regulations governing unclassified data access should be modified to achieve the EO’s goals. The EO also tasks agency heads to “ensure the Federal Government has unfettered access to comprehensive data from all State programs that receive Federal funding.”

President Trump withholds nearly $3 billion in emergency funding for science programs, including funding for National Science Foundation: On March 24, President Trump announced that he is withholding nearly $3 billion in emergency funding, including $234 million for the National Science Foundation. The emergency funding, which was included in the recently passed Full-Year Continuing Resolution (CR) for fiscal year (FY) 2025, is required to be designated as emergency funding by the President in order to be released. In justifying the freezing of the emergency funding, President Trump wrote that the funding was “improperly designated by the Congress as emergency…and I do not concur that the added spending is truly for emergency needs.” In response, Senate Appropriations Committee Chair Susan Collins (R-ME) and Ranking Member Patty Murray (D-WA) jointly sent a letter to OMB Director Russ Vought challenging the Administration’s decision and authority to concur with only a portion of the emergency-designated funding included in the Full-Year CR. The Senators went on to note that, “We are concerned that sudden changes to OMB’s interpretation of long-standing statutory provisions could be disruptive to the appropriations process and make it more difficult for the Appropriations Committee to work in a collaborative fashion with the Administration to advance priorities on behalf of the American people.”

U.S. Department of Education (USED):

U.S. Department of Education (USED) Secretary McMahon tours NY and FL schools to tout school choice programs: On March 14, USED Secretary Linda McMahon toured Vertex Partnership Academies, a charter school in the Bronx, New York, marking her first school visit as head of the Department of Education. During the visit, Secretary McMahon underscored her commitment to school choice across the nation sharing that the school is “a perfect example of how a community can come together to build an education program that serves the unique needs of its students and families.” On March 19, Secretary McMahon then visited Doral Academy Preparatory School, a public charter middle and high school in Doral, FL; True North Classical Academy at Dadeland, a K-12 charter school focused on classical education in Miami; and Lubavitch Educational Center, a private K-12 Jewish Day School in Miami. A press release on the school tours stated that the purpose of the Secretary’s visit to Florida was to “learn about how the state's school choice programs are creating successful outcomes for students, parents, schools, and communities.” Secretary McMahon said, “Under President Trump’s leadership, we will empower states like Florida and ensure they have all the resources necessary to fund students, not systems.”

USED opens revised income-driven repayment plan and loan consolidation applications for borrowers: On March 26, the USED’s Office of Federal Student Aid (FSA) reopened the online applications for borrowers for the income-driven repayment (IDR) plan and loan consolidation. The application was temporarily paused to comply an injunction issued on February 18, by the U.S. Court of Appeals for the 8th Circuit injunction, which directed the Department to cease implementation of the Biden Administration’s Saving on a Valuable Education (SAVE) Plan and parts of other IDR plans. Borrowers can now apply for the Income-Based Repayment (IBR), Pay As You Earn (PAYE), and Income-Contingent Repayment (ICR) Plans using the updated IDR application, as well as apply to consolidate their loans through a revised application form.

USED announces more than eight million FAFSA forms complete and additional form improvements, as well as launches public comment period for the 2026-2027 FAFSA form: On March 17, the USED announced more than eight million 2025–2026 Free Application for Federal Student Aid (FAFSA) forms have been submitted and processed, stating that the processed number is “nearly a 50% increase on the number of applications submitted at this time last year.” The announcement follows the Department’s announcement on February 27, of the general availability of batch corrections – which allow financial aid administrators to make bulk adjustments to FAFSA records to more accurately and efficiently process and distribute financial aid – for the 2024–2025 and 2025–2026 FAFSA cycles. Additionally, in preparation for launching the 2026-2027 FAFSA form, the Department opened a 60-day comment period for public input, which ends April 7. The Department also noted that the 2026-2027 form is on track to be released by October 1, 2025.

Separately, the USED also announced improvements to the FAFSA form which the Department asserted are aimed at upgrading the user experience for students, parents, colleges, and universities, while cracking down on fraudulent activity. The Department has also resumed flagging potentially fraudulent activity on the FAFSA form, including flagging applicants suspected of assuming another individual’s identity.

USED’s Office of Federal Student Aid (FSA) calls back some staff after RIFs: On March 21, POLITICO reported that the USED brought back “entire teams” at the USED’s FSA following the Department’s reduction in force (RIF) earlier in the month (Note: Subscription required to view article). POLITICO wrote that those teams and offices included the Technology Operations Division, Technology Services Division and Product Management Division, some of which specifically work on the FAFSA that was temporarily inaccessible following the RIFs.

USED and HHS issue statement following Columbia University’s commitment to actions to address alleged violations of Title VI of the Civil Rights Act: On March 24, the USED, HHS, and the U.S. General Services Administration (GSA) issued a statement welcoming the actions Columbia University has committed to taking in response to an inquiry from the Joint Task Force to Combat Anti-Semitism. On March 3, the task force, which is led by the USED, HHS, and the GSA, announced a comprehensive review of Columbia University’s federal contracts and grants in light of ongoing investigations of the university for potential violations of Title VI of the Civil Rights Act. Later that same week, the USED announced the cancelation of approximately $400 million of Columbia University’s federal grants and contracts. USED Secretary Linda McMahon said in the statement that “Columbia is demonstrating appropriate cooperation with the Trump Administration’s requirements, and we look forward to a lasting resolution.” Columbia University announced that it is committed to clarifying protesting policies, adhering to all student visa and immigration laws, and enforcing a “strict” anti-masking policy, in addition to reviewing admissions policies and oversight of the Middle East Studies Department.

USED’s Office for Civil Rights (OCR) initiates Title VI investigations into institutions of higher education: On March 14, the USED’s OCR opened investigations into 45 universities under Title VI of the Civil Rights Act following OCR’s February 14 Dear Colleague Letter (DCL) that reiterated schools’ civil rights obligations to end the use of racial preferences and stereotypes in education programs and activities. The investigations come amid allegations that these institutions have partnered with “The Ph.D. Project,” an organization that purports to provide doctoral students with insights into obtaining a Ph.D. and networking opportunities, but limits eligibility based on the race of participants. OCR is also investigating six universities based on allegations that the institutions award race-based scholarships (which the Department asserts are “impermissible”), and one university for allegedly administering a program that segregates students on the basis of race.  

OCR investigates alleged Title IX violations in Maine, Illinois, and Oregon: On March 19, the USED’s OCR informed Maine Department of Education (MDOE) Commissioner Pender Makin that MDOE was found in noncompliance with Title IX, following an investigation that began on February 21. The OCR’s investigation determined that the MDOE “is in continuing violation of Title IX by permitting, directing, instructing, or requiring Maine school districts to: (1) allow males to participate in female athletics (whether interscholastic, intercollegiate, club or intramural); and (2) deny to female students (particularly, female student-athletes) access to intimate facilities on the basis of sex, such as female-only locker rooms and bathrooms.” Additionally, the USED provided MDOE with a draft resolution agreement that specifies the actions the Department is suggesting to be taken to remedy the violations. The OCR notes that MDOE may “voluntarily agree within 10 days or risk imminent enforcement action including referral to the U.S. Department of Justice (DOJ) for proceedings.”

On March 20, the OCR opened investigations into the Illinois Department of Education, the Chicago Public Schools District 299, and the Deerfield Public Schools District 109 in Illinois amid allegations that these entities violated Title IX by having girls at Shepard Middle School share their locker room with a boy. The OCR explained that the investigations are based on complaints filed with OCR, including a complaint filed by the Defense of Freedom Institute and Liberty Justice Center, for discrimination on the basis of sex.

On March 25, the OCR opened an investigation into Portland Public Schools based on allegations that the district allowed a male track student athlete to compete in a girls’ interscholastic track and field competition on March 19, and permitted the male athlete to use the girls’ locker room while female athletes were changing. OCR also sent a letter notifying the Oregon School Activities Association, the governing body for the Portland Interscholastic League, that it was opening an investigation into its “gender identity participation” policy, which appears to violate Title IX.

USED launches investigation into California Department of Education for alleged FERPA violations: On March 27, the USED’s Student Privacy Policy Office (SPPO) launched an investigation into the California Department of Education (CDE) regarding alleged violations of the Family Educational Rights Privacy Act (FERPA). Specifically, the investigation stems from a new California state law that prohibits school personnel from disclosing a child’s “gender identity” to that child’s parent. The investigation announcement notes that “SPPO has reason to believe that numerous local educational agencies (LEAs) in California may be violating FERPA to socially transition children at school while hiding minors’ ‘gender identity’ from parents.”

U.S. Department of Health and Human Services (HHS):

HHS Secretary Kennedy visits Head Start center in Virginia: On March 19, HHS Secretary Robert F. Kennedy Jr. visited Greater Mt. Vernon Community Head Start in Fairfax County, Virginia, where he met staff, toured classrooms and learned about how Head Start's nutrition programs play a critical role in early childhood development. Secretary Kennedy shared that he was impressed by the center’s community garden and was pleased to see children learning important nutrition lessons. Secretary Kennedy stated, “One of the most inspiring things I saw was a teacher teaching the kids what foods are good…That is the kind of knowledge the kids are going to bring home to their family.”

Head Start grantees instructed to present training, expenditures “free from DEI”: On March 21, the Administration for Children and Families (ACF) sent a letter to Head Start program recipients to call attention to their requirements to adhere to President Trump’s Executive Order on “Ending Radical And Wasteful Government DEI Programs And Preferencing.” ACF Acting Assistant Secretary Andrew Gradison wrote that, “The Office of Head Start will not approve the use of federal funding for any training and technical assistance or other program expenditures that promote or take part in diversity, equity, and inclusion initiatives.” Acting Assistant Secretary Gradison added that Head Start grantees should review their annual funding application to ensure their budgets and program goals are in accordance with the EO.

Personnel:

Senate confirms Michael Kratsios to lead White House Office of Science and Technology Policy: On March 25, the Senate voted 74-25 to confirm Michael Kratsios as Director of the White House Office of Science and Technology Policy (OSTP). The OSTP advises the President on the scientific, engineering, and technological aspects of national policy, including matters of the economy, education, and artificial intelligence. Mr. Kratsios served as Chief Technology Officer in President Trumps’ first Administration, and was most recently, managing director of a technology startup, Scale AI.

Senate confirms Dan Bishop as Deputy Secretary of the Office of Management and Budget: On March 26, the Senate voted 53-45 to confirm James “Dan” Bishop as Deputy Director of the Office of Management and Budget (OMB). During his confirmation hearing, Mr. Bishop addressed the issue of executive impoundment, stating that there is “a compelling argument that there is power in the executive in the nature of impoundment.” Mr. Bishop previously served in the North Carolina state legislature and on the Mecklenburg County Board of Commissioners. He most recently lost in an election for North Carolina Attorney General.

President Trump nominates Alex Adams as Assistant Secretary for Administration for Children and Families: On March 25, President Trump nominated Alex Adams as Assistant Secretary of the Administration of Children of Families (ACF) within HHS. Mr. Adams currently serves as Director of Idaho’s Department of Health and Welfare, and he previously led Idaho’s Division of Financial Management. Idaho Governor Brad Little issued a statement in support of the nomination, saying that Mr. Adams, in his prior role as budget director, “helped champion…huge wins for Idaho public education and workforce training,” and in his current role, “transformed and improved Idaho’s child welfare system to better serve our state’s most vulnerable children and the generous foster families who care for them.”

Congress:

Senate and House Democrats raise concerns to USED Secretary McMahon regarding reductions in force (RIFs) at the USED: On March 17, Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bernie Sanders led 37 Senate Democrats in a letter to USED Secretary Linda McMahon expressing “outrage” at the Trump Administration’s “reckless and illegal firing of half of the workforce at the [USED], which will devastate America’s public education system and impact students across the country.” USED Secretary McMahon stated on March 11, that the reductions in force reflect the USED’s “commitment to efficiency.” The letter from Senate Democrats contends that the RIFs, which resulted in the elimination of entire offices at the USED, “will have devastating effects” across the country, including “by limiting the Department’s ability to guarantee federal funding reaches communities that rely on it, ensure students can access federal financial aid, and uphold students’ civil rights.” The letter specifically noted that, “Not even 24 hours after the staff reductions were announced, the Free Application for Federal Financial Aid (FAFSA) experienced a glitch that prevented students and families from accessing the application, but the staff normally responsible for fixing those errors had reportedly been cut.” The Senate Democrats conclude their letter emphasizing the need for supporting public schools, saying, “...we must take steps to strengthen education in this country, not take a wrecking ball to the agency that exists to do so.”

Additionally, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) and House Oversight and Accountability Committee Ranking Member Gerald Connolly (D-VA) sent a letter on March 20, “urging” USED Secretary McMahon to “reinstate all unlawfully terminated employees” and “halt the illegal shutdown of the Department.” The letter requests information on the reductions in force, specifically, as the Ranking Members “find it hard to believe” a reduced staff at USED could fulfill the responsibilities that fall under the agency’s purview.

Senate:

Senate HELP Committee holds hearing on antisemitism on college campuses: On Thursday, March 27, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing titled, “Antisemitic Disruptions on Campus: Ensuring Safe Learning Environments for All Students” on the “continued antisemitic attacks and harassment against Jewish students on college campuses.” The committee heard from five witnesses, Dr. Charles Asher Small, Founder and Director of the Institute for the Study of Global Antisemitism; Rabbi Levi Shemtov, Executive Vice President of the American Friends of Lubavitch (Chabad); Carly Gammill, Director of Legal Policy at StandWithUs Center for Combating Antisemitism; Rabbi David Saperstein, Director Emeritus of the Religious Action Center of Reform Judaism; and Kenneth Stern, Director of the Bard Center for the Study of Hate at Bard College (NY).

In opening remarks, HELP Committee Chairman Bill Cassidy (R-LA) cited statistics from the Anti-Defamation League that there have been nearly 1,200 reports of antisemitic incidents on college campuses since the October 7, 2023, terrorist attack on Israel, an almost 500 percent increase. Chair Cassidy also highlighted his work on the HELP Committee to help address the issues, including introducing S.163, the “Protecting Students on Campus Act,” which he introduced with Senator John Fetterman (D-PA), and would “empower students to file civil rights complaints if they experience violence or harassment on college campuses due to their heritage.” Chair Cassidy, referring to recent Trump Administration demands of Columbia University in response to campus protests said, “universities have been put on notice, failing to protect a student's civil rights will no longer be tolerated. If universities refuse to follow the law to address discrimination on campuses and to support Jewish students, then they should not expect the support of the federal taxpayer.”

Ranking Member Bernie Sanders (Ind-VT), in his opening remarks, responded to Chair Cassidy saying, “I applaud you for holding this hearing, but I hope when we look about prejudice and bigotry in America, we may want to expand it. Antisemitism, unacceptable. So is Islamophobia and other forms of bigotry.” Ranking Member Sanders, expanding the issue beyond college campuses, argued, “...we can agree that antisemitism is unacceptable in all forms. But some of us happen to believe that the response of the Netanyahu government to the Hamas attack is also unacceptable. To attack the Netanyahu government for their outrageous activities in Gaza does not make one an antisemite.”

In questioning, Republican Senators continued to criticize the Biden Administration and university leadership for perceived inaction or lack of response to campus protests and antisemitism. Senator Collins (R-ME) asserted that antisemitic protests are not being generated by students, but rather by “faculty members, graduate assistants, and outside groups.” Additionally, Senator Banks (R-IN) claimed that China had “donated over $175 million over the last year” to U.S. colleges. Senator Hawley (R-MO) spoke in favor of the Trump Administration’s recent effort to deport Mahmoud Khalil, a Columbia university graduate student and leader of some of the campus protests.

Democratic senators shared concerns about antisemitism but highlighted the Trump Administration's efforts to dismantle the Department of Education, and the Office of Civil Rights (OCR), in particular. Senator Murray (D-WA), said, “If you want to fight antisemitism, you should support OCR [which] is as straightforward as it gets. [President Trump] has fired nearly half of the OCR staff and shuttered more than half of the OCR offices.” Senator Murray added that closing these offices means “throwing 6,000 cases into limbo, leaving students in 28 states without the critical tools to fight back.” In response, and referring to the Trump Administration’s intent to move OCR functions to the Department of Justice, Rabbi Saperstein noted that the Justice Department “is not an administrative enforcement agency.” Senator Markey (D-MA) asserted that the Trump Administration “is cynically using the rise in antisemitism as a tool to restrict freedom, stoke fear and silence dissent. And it is as terrifying as it is evil.”

Senate HELP Committee Chair Cassidy issues statement on legislation to eliminate the USED: On March 20, following President’s Trump Executive Order on eliminating the Department of Education, Senate HELP Committee Chair Bill Cassidy (R-LA) issued a statement confirming he plans to introduce legislation to do so. He states: “I agree with President Trump that the Department of Education has failed its mission. Since the Department can only be shut down with Congressional approval, I will support the President’s goals by submitting legislation to accomplish this as soon as possible.”

House:

House passes DETERRENT Act: On March 27, the House passed H.R. 1048, the “Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions (DETERRENT) Act,” by a bipartisan vote of 241-169, with 31 Democrats supporting the bill and only one Republican – Representative Don Bacon (R-NE) – opposing the bill. Introduced by Representative Michael Baumgartner (R-MI) – who is the Vice Chair of the House Education and Workforce Subcommittee on Higher Education – the bill aims to increase transparency and enforce stricter reporting requirements for foreign gifts and funding received by U.S. colleges and universities. Specifically, the bill would require that institutions report foreign gifts and contracts valued at $50,000 or more, with some stricter $0 thresholds for “entities and countries of concern.” A fact sheet adds that the bill “closes reporting loopholes and provides transparency to Congress, intelligence agencies, and the public.” The DETERRENT Act now advances to the Senate, where a timeline for consideration has not yet been announced.

House Oversight and Accountability Committee advances legislation to allow for fast-tracking of government reorganization plan: On March 25, the House Oversight Committee held a markup and reported favorably several bills, including H.R. 1295, the “Reorganizing Government Act of 2025.” The bill would renew and extend the President’s authority to propose executive branch reorganization plans until December 2026, restoring a reorganization authority that was last in effect in 1984. Under the bill, Congress would be required to consider and vote on a proposed executive branch reorganization plan within 90 days of being proposed by the President, using an expedited process that limits debate. This would allow the Senate to pass a resolution in response to the President’s plan with a simple majority vote without having to overcome a 60-vote cloture motion. If the House should pass H.R, 1295 in the coming weeks, the Senate would also have to pass the bill, and the bill would have to overcome a 60-vote threshold in the Senate to limit debate before unlocking this authority, which seems to be unlikely.

In his opening statement, House Oversight and Accountability Committee Ranking Member Gerald Connolly (D-VA) termed the bill “The Dismantling Government Act,” emphasizing that “President Trump could use his new power to abolish the Department of Education…and any other federal entity with a simple majority vote in the House and the Senate.” Ranking Member Connolly added, “They will wipe away statutory protections authorized by Congress… a feature that was expressly prohibited by Congress in the past…Republicans in Congress would not be able to amend the plans, so they'd be able to be forced to support a broad reorganization package to cuts or eliminate Social Security, Medicare, Medicaid, or the program is beloved by their constituents.” Committee Chairman James Comer (R-KY) denied Ranking Member’s characterization of the bill, stating, “This bill is not some abusive or unprecedented power grab as the Democrats would like us all to believe. Renewing this special reorganization authority—requiring Congress to take an up or down vote on reorganizations proposed by the President—will help facilitate needed improvements in government operations.”

House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade holds hearing regarding online protections for children: On March 26, the House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade held a hearing titled, “The World Wild Web: Examining Harms Online.” The Subcommittee heard from four witnesses: Dawn Hawkins, Senior Advisor at the National Center on Sexual Exploitation; Yiota Souras, Chief Legal Officer at the National Center for Missing and Exploited Children; Clare Morell, Fellow at the Ethics and Public Policy Center; and Rebecca Kelly Slaughter, Former Commissioner of the Federal Trade Commission.

In his opening statement, Subcommittee Chair Gus Bilirakis (R-FL) expressed concern about the use of Artificial Intelligence (AI) to create deepfakes of children, stating that “Congress must take a holistic approach to establish protections online,” including working to advance the Kids Online Safety Act. Subcommittee Ranking Member Frank Pallone (D-NJ) used his opening remarks to express frustration over the topic of the hearing “while willfully ignoring the outrageous, unlawful, and unconstitutional attempt just last week by President Trump to fire two duly nominated and confirmed members of the FTC.” Calling attention to the work of the FTC to protect children on online platforms, Ranking Member Pallone asserted that “if my Republican colleagues really want to make the internet [to be] a safer place for our nation’s children, they should be fighting with us to ensure the most effective cop on the beat can continue its essential work.”

House Education and Workforce Committee Democrats introduce Resolution of Inquiry regarding the Trump Administration’s efforts to dismantle the USED: On March 21, House Education and Workforce Committee Democrats introduced a Resolution of Inquiry (ROI) “requesting the President and directing the Secretary of Education to transmit…documents relating to the reduction in force and other downsizing measures at the Department of Education.” Specifically, the ROI requests memos, legal opinions, and notes regarding the closure of the Department of Education and any reduction in force or other downsizing measures, among other actions. Announcing the ROI, Committee Ranking Member Bobby Scott (D-VA) stated, “Abolishing a federal agency requires an Act of Congress. President Trump’s executive order has little regard for the irreparable harm it will cause to students, educators, our future workforce, and parents, who are already struggling.”

House Education and Workforce Committee Ranking Member Scott issues statement regarding reports of Republican-led states consolidating schools’ federal aid: On March 25, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) released a statement in response to reports of Republican-led states seeking waivers from USED Secretary McMahon to consolidate school’s federal aid into a single grant with “little to no spending requirements.” Ranking Member Scott’s statement said, “Allowing states to block grant federal education funds is not only illegal but extremely dangerous. Converting these funds will make it virtually impossible for the federal government to hold states accountable for providing all students with a high-quality education free from discrimination.”

House Whip Clark holds unofficial hearing on GOP plan to cut food programs: On March 25, Democratic Whip Katherine Clark (D-MA) joined the House Democratic Steering and Policy Committee for a unofficial hearing on the Republican plan to dismantle SNAP (Supplemental Nutrition Assistance Program). Introducing witnesses, Whip Clark stated, “The GOP budget guts food assistance for parents who are already struggling to fill lunch boxes in the morning and to put food on the table at night…All to hand tax cuts and corrupt contracts to billionaire donors.”

House Energy and Commerce Committee Chair Guthrie pens op-ed on Artificial Intelligence (AI): On March 27, House Energy and Commerce Committee Chair Brett Guthrie (R-KY) wrote an op-ed in The Washington Times titled, “Driving the energy future of AI development.” Chair Guthrie expresses support for innovation in AI, noting that “Two principles that guide our work include providing access to affordable, reliable energy and rejecting suffocating regulation in favor of narrowly tailored governance of AI and digital technologies.” Chair Guthrie added, “While protections against harmful uses of AI are paramount, such as malicious deepfakes, federal and state lawmakers should avoid imposing duplicative and burdensome new regulations.”

U.S. Courts:

Coalition of education leaders and civil rights groups file lawsuit to stop efforts to dismantle U.S. Department of Education: On March 24, a coalition, including the National Association for the Advancement of Colored People (NAACP), public school parents, and the National Education Association (NEA), challenged the Trump Administration’s March 20 Executive Order calling for the dismantling of the Department, claiming that the order violates Congress’s authority to create offices and the Administrative Procedure Act. The lawsuit states that “...the Constitution gives power over ‘the establishment of offices [and] the determination of their functions and jurisdiction’ to Congress—not to the President or any officer working under him.’ Because it is a Congressionally-created federal agency, legally eliminating the Department of Education, or its constituent offices, or transferring them to other federal agencies, requires Congressional approval.” Robert Kim, Director of the Education Law Center, who joined the lawsuit, stated that “The Trump Administration’s assertion that critical federal funding and support for schools and students will somehow continue as normal even after shuttering the Department reveals a dangerous lack of understanding of the Department’s role to provide funding for and implement programs for our most underserved student populations, ensure equal access and opportunity, and enforce civil rights in our nation’s schools.”

Coalition of educators, school districts, and unions also challenge Trump Administration’s attempt to dismantle USED: On March 24, a coalition of teachers, professors, school districts, and unions filed a lawsuit challenging the constitutionality of actions by the Trump Administration to “decimate” the USED, including the March 20 Executive Order calling for the dismantling of the Department and efforts to move key functions of the Department to other, unrelated federal agencies. The case was brought by Democracy Forward, a nonprofit with a mission to “advance democracy and social progress,” in the U.S. District Court of Massachusetts on behalf of several school districts, and K-12 and higher education unions in Massachusetts.

Trump Administration requests Supreme Court block ruling on rehiring federal employees: On March 24, the Trump Administration filed an “emergency” petition urging the Court to pause an order by a federal judge from the Northern District of California. On March 14, the judge ruled that a number of federal agencies must “immediately” reinstate more than 16,000 probationary employees terminated the month prior. The 9th Circuit Court of Appeals declined a request to stay the judge’s ruling. In the request to the Supreme Court, the Trump Administration's acting Solicitor General said the decisions by the district court allow “third parties to hijack the employment relationship between the federal government and its workforce.” Justice Elena Kagan, who oversees emergency appeals under the 9th Circuit, will either rule on the request or refer it to the full Court for a vote.

Trump Administration asks Supreme Court to block reinstatement of teacher preparation grants: On March 26, the Trump Administration filed another “emergency” request that the high court overrule lower court rulings to reinstate efforts to cancel grants for the Teacher Quality Partnership (TQP) and the Supporting Effective Educator Development (SEED) grant programs, which were cancelled on February 7. On March 10, a U.S. District Court Judge in Massachusetts granted a two week temporary restraining order and reinstated the grant funding. Eight states - California, Colorado, Illinois, Maryland, Massachusetts, New Jersey, New York, and Wisconsin - had sued the USED claiming that, in terminating the grants, the Department gave no advance notice or any explanation and violated the Administrative Procedure Act. On March 21, the 1st U.S. Circuit Court of Appeals declined to overrule the initial ruling. In urging the Supreme Court to reverse this most recent decision, the Trump Administration’s acting Solicitor General said, “This Court should put a swift end to federal district courts’ unconstitutional reign as self-appointed managers of Executive Branch funding and grant-disbursement decisions.” Justice Ketanji Brown Jackson, who oversees emergency appeals from the 1st Circuit, will make a decision on the request, or refer it to the full Supreme Court for a vote.

District Court issues preliminary injunction ordering USED to reinstate TQP, SEED, and TSL grants and prohibiting the USED from canceling other grants: On March 17, the United States District Court for the District of Maryland issued a preliminary injunction ordering the USED to reinstate more than 100 canceled grants and prohibiting the USED from canceling other SEED, TQP, and TSLIP grants in the same manner. The case was brought on March 3 by American Association of Colleges for Teacher Education, National Center for Teacher Residencies, and Maryland Association of Colleges for Teacher Education regarding the cancelation of grants for three Congressionally appropriated programs—Supporting Effective Educator Development (SEED) Program, Teacher Quality Partnership (TQP) Program, and Teacher and School Leader Incentive (TSL) Program—which support programs that prepare and develop educators. The suit claims the injunction on the anti-“DEI” orders should apply to the grant terminations and that the Administration must engage in formal rule-making to adopt new agency “priorities” before it can then cite to a change in priorities as a basis for termination. The District Court’s ruling requires the reinstatement of the grants within five business days.

U.S. Supreme Court hears oral arguments on federal E-Rate program: On March 26, the Supreme Court heard oral arguments in a case challenging the federal universal services program, commonly known as the E-rate program, which subsidizes telephone and high-speed internet services in schools, libraries, rural areas, and low-income communities in urban areas. SCOTUSblog explains that the case contains four issues, the primary of which concerns whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to determine the amount that providers must contribute to the Universal Service Fund. A decision on the case is likely to come early summer. According to SCOTUSblog’s reporting on the oral arguments, Acting U.S. Solicitor General Sarah Harris defended the program, explaining that in the law, “Congress told the FCC ‘what policy to follow’ – to give all Americans ‘universal service;’ how it should do so, ‘by charging carriers a fee, then reimbursing carriers that serve universal service programs’; how much the FCC should charge – only an amount ‘sufficient’ to provide universal service.”

American Federation of Teachers (AFT) and the American Association of University Professors (AAUP) sue Trump Administration over recent actions at Columbia University: On March 25, the AFT and AAUP, which represent faculty members at Columbia, sued the Trump Administration for efforts to cut nearly $400 million in federal funding for research in the name of combating antisemitism. The lawsuit argues that the Administration has “weaponized its sweeping investigation into campus antisemitism at Columbia to overpower a university’s academic autonomy and control the thought, association, scholarship, and expression of its faculty and students.” On March 7, the Departments of Justice, Health and Human Services and Education, and the General Services Administration, which oversees federal property and contracts, announced the cancellation of nearly $400 million in federal grants and contracts to Columbia “due to the school’s continued inaction in the face of persistent harassment of Jewish students.” In a March 14 follow up letter, the Administration laid out a number of “next steps…as a precondition for formal negotiations regarding Columbia University's continued financial relationship with the United States government.” In addition to changes stemming from recent campus protests, the Administration included “placing the Middle East, South Asian, and African Studies department under academic receivership for a minimum of five years” and “comprehensive admissions reform” among the demands. On March 21, Columbia Interim President Katrina Armstrong in a letter titled, “Fulfilling Our Commitments” agreed to implement the policy changes. The lawsuit by the AFT and AAUP requests that the funding be reinstated and that the Trump Administration’s demands be declared “unlawful.”

Upcoming Events (Congress & Administration):

  • On April 1 at 10:00 a.m., the House Oversight Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs will hold a hearing titled, “America’s AI Moonshot: The Economics of AI, Data Centers, and Power Consumption.” Witnesses include: Neil Chilson, Head of AI Policy at the Abundance Institute; Josh Levi, President of the Data Center Coalition; and Mark P. Mills, Executive Director of the National Center for Energy Analytics. The hearing will be held in 2247 Rayburn House Office Building and livestreamed here.
  • On April 1 at 10:00 a.m., the Senate Agriculture Committee will hold a Legislative Hearing to Review S. 222, the Whole Milk for Healthy Kids Act, and Improving Children’s Health. The hearing will be held in 328A Russell Senate Office Building and livestreamed here.
  • On April 1 at 10:15 a.m., the House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education will hold a hearing titled, “From Chalkboards to Chatbots: The Impact of AI on K-12 Education.” Witnesses have not yet been announced. The hearing will be held in 2175 Rayburn Office Building and livestreamed here.
  • On April 2 at 10:00 a.m., the House Appropriations Committee will hold a Budget Hearing. The hearing will be held in 2362-A Rayburn House Office Building and livestreamed here.
  • On April 2 at 10:00 a.m., the Senate Judiciary Committee will hold a hearing titled, “Rule by District Judges II: Exploring Legislative Solutions to the Bipartisan Problem of Universal Injunctions.” The hearing will be held in 226 Dirksen Senate Office Building and livestreamed here.
  • On April 2 at 10:00 a.m., the House Judiciary Committee will hold a hearing titled, “Artificial Intelligence: Examining Trends in Innovation and Competition.” Witnesses include: Neil Chilson, Head of AI Policy at the Abundance Institute; Joseph Coniglio, Director of Antitrust and Innovation at the Information Technology & Innovation Foundation; and Jessica Melugin, Director of the Center for Technology & Innovation at the Competitive Enterprise Institute. The hearing will be held in 2141 Rayburn House Office Building and livestreamed here.
  • On April 2 at 2:30 p.m., the Senate Indian Affairs Committee will hold an Oversight Hearing entitled, “Native American Education – Examining Federal Programs at the U.S. Department of Education.” Witnesses have not yet been announced. The hearing will be held in 628 Dirksen Senate Office Building and livestreamed here.
  • On April 4 at 10:00 a.m., the House Natural Resources Subcommittee on Indian and Insular Affairs will hold a hearing titled, “Examining 50 years of the Indian Self-Determination and Education Assistance Act in Indian Country.” Witnesses have not yet been announced. The hearing will be held at the First Americans Museum, 659 American Indian Blvd., Oklahoma City, Oklahoma. More information can be found here.

Upcoming Events (Outside Organizations):

  • On April 3 at 5:00 p.m., the Albert Shanker Institute will hold an event titled, “Antisemitism, Democracy, and the Assault on Knowledge & Education.” The event will feature a conversation on how to confront antisemitism and broader hate and protect democracy. The conversation will be moderated by Daniel Montgomery, President of the Illinois Federation of Teachers, and speakers include: Amy Spitalnick, CEO of the Jewish Council of Public Affairs Council, and Randi Weingarten, President of the American Federation of Teachers and the Albert Shanker Institute. More information and registration are here.
  • On April 8 at 10:30 a.m., the Heritage Foundation will hold an event titled, “Reclaiming the Culture of American Higher Education.” College presidents will explore the value proposition of higher education and innovation within institutions. Speakers include: Jonathan Pidluzyny, Deputy Chief of Staff for Policy and Programs at the U.S. Department of Education; Brad Johnson, President of College of the Ozarks; Kyle Washut, President of Wyoming Catholic College; and Lindsey Burke, Director of the Center for Education Policy at Heritage. More information and registration are here.

Publications (Outside Organizations):

  • On February 28, Arnold Ventures published a resource titled, “Findings from National Survey on Higher Education Reform.” The findings are the result of a survey conducted by North Star Opinion Research and Hart Research. It found that voters see a need for change in higher education and that earnings after graduation and loan debt levels are the most important considerations when assessing a degree program's value. Likewise, the majority of voters believe governments should evaluate the value of college dreams and that there should be consequences for schools providing degrees without good value. The survey also found that strong majorities viewed student loans, tuition increases, and degree programs with limited or no job prospects as significant problems.
  • On March 18, AASA published a resource titled, “Bridging the Summer Gap: What District Leaders Say About Learning Beyond the School Year.” It found that 66% of K-12 superintendents plan to maintain summer learning funding, 91% say summer programs are important to achieving their district’s goals, 73% say maintaining or improving academic success is the most important benefit of these programs, and fewer than half of those serving middle-income and low-income districts say there are adequate summer programs in their area.

Legislation:

Introduced in the House of Representatives:

H.R. 2097
A bill to amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school.

Sponsor: Rep. Christopher Smith (R-NJ)

H.R. 2099
A bill to amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes.

Sponsor: Rep. Rick Allen (R-GA)

H.R. 2104
A bill to establish a National STEM Week to promote American innovation and enhance STEM education pathways for all students, including those in rural, urban, and underserved communities.

Sponsor: Rep. Mike Carey (R-OH)

H.R. 2151
A bill to amend the Elementary and Secondary Education Act of 1965 to authorize a grant program to support students who have epilepsy or a seizure disorder.

Sponsor: Rep. Donald Norcross (D-NJ)

H.R. 2204
A bill to require an institution of higher education that becomes aware that a student having nonimmigrant status under subparagraph (F)(i) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) has endorsed or supported a foreign terrorist organization to notify the SEVIS, and for other purposes.

Sponsor: Rep. Nicholas Langworthy (R-NY)

H.R. 2271
A bill to amend the Higher Education Act of 1965 to modify the application and review process for changes of control, and for other purposes.

Sponsor: Rep. Burgess Owens (R-UT)

H.R. 2272
A bill to make certain individuals ineligible to receive any Federal financial aid under title IV of the Higher Education Act of 1965

Sponsor: Rep. August Pfluger (R-TX)

H.R. 2275
A bill to allow Federal funds appropriated for kindergarten through grade 12 education to follow the student.

Sponsor: Rep. Chip Roy (R-TX)

H.R. 2276
A bill to prohibit the award of Federal funds to schools that promote certain race-based theories to students, and for other purposes.

Sponsor: Rep. Chip Roy (R-TX)

H.R. 2281
A bill to reauthorize the Job Corps program, and for other purposes.

Rep. Frederica Wilson (D-FL)

H.R. 2282
A bill to reauthorize the Child Care and Development Block Grant Act of 1990, to improve access to relative caregivers, and for other purposes.

Sponsor: Rep. Riley Moore (R-WV)

H.R. 2333
A bill to prohibit the use of appropriated funds to eliminate, consolidate, or otherwise restructure any office within the Department of Education that administers or enforces programs under the Individuals with Disabilities Education Act, and for other purposes.

Sponsor: Rep. John Mannion (D-NY)

H.R. 2367
A bill to amend the Higher Education Act of 1965 to prohibit an institution of higher education that employs unauthorized aliens from receiving funds from Federal student assistance or Federal institutional aid and to require institutions of higher education to participate in the E-Verify Program in order to be eligible to participate in any program authorized under title IV of such Act.

Sponsor: Rep. Erin Houchin (R-IN)

H.R. 2374
A bill to amend section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit the provision of Federal financial assistance to public institutions of higher education that provide certain higher education benefits to aliens who are not lawfully present in the United States, and for other purposes.

Sponsor: Rep. Nancy Mace (R-SC)

H.R. 2380
A bill to amend the Workforce Innovation and Opportunity Act to authorize the use of individual training accounts for certain youth.

Sponsor: Rep. Nathaniel Moran (R-TX)

H.R. 2385
A bill to establish the National Artificial Intelligence Research Resource, and for other purposes.

Sponsor: Rep. Jay Obernolte (R-CA)

H.R. 2386
A bill to improve education outcomes by empowering parents, States, and local communities, and for other purposes.

Sponsor: Rep. Andrew Ogles (R-TN)

H.R. 2402
A bill to amend the Richard B. Russell National School Lunch Act to establish statewide community eligibility for certain special assistance payments, and for other purposes.

Sponsor: Rep. Pete Aguilar (D-CA)

H.R. 2425
A bill to protect babies and young children in childcare settings by strengthening transparency and safety requirements.

Sponsor: Rep. Pat Fallon (R-TX)

H.R. 2446
A bill to amend the Higher Education Act of 1965 to prohibit institutions of higher education that authorize antisemitic events on campus from participating in the student loan and grant programs under title IV of such Act.

Sponsor: Rep. Michael Lawler (R-NY)

H.R. 2447
A bill to increase cybersecurity education and job growth, and for other purposes.

Sponsor: Rep. Ted Lieu (D-CA)

H.R. 2452
A bill to provide that for purposes of determining compliance with title IX of the Education Amendments of 1972, locker room facilities in active use in connection with an education program or activity may be in use only by individuals of the same sex as determined solely on each individual's reproductive biology and genetics at birth.

Sponsor: Rep. Mary Miller (R-IL)

H.R. 2456
A bill to terminate the Department of Education, and for other purposes.

Sponsor: Rep. Nathaniel Moran (R-TX)

H.R. 2465
A bill to amend the Workforce Innovation and Opportunity Act to clarify the procedures regarding the eligibility of online providers of training services.

Sponsor: Rep. Lloyd Smucker (R-PA)

H.Res. 237
A resolution of inquiry requesting the President and directing the Secretary of Education to transmit, respectively, certain documents to the House of Representatives relating to the reduction in force and other downsizing measures at the Department of Education.

Sponsor: Rep. Bobby Scott (D-VA)

Introduced in the Senate:

S. 1070
A bill to establish a National STEM Week to promote American innovation and enhance STEM education pathways for all students, including those in rural, urban, and underserved communities.

Sponsor: Sen. Joni Ernst (R-IA)

S. 1085
A bill to require the Secretary of Health and Human Services to implement a pandemic preparedness and response program using artificial intelligence.

Sponsor: Sen. Mike Rounds (R-SD)

S. 1123
A bill to amend the Higher Education Act of 1965 to prohibit an institution of higher education that employs unauthorized aliens from receiving funds from Federal student assistance or Federal institutional aid and to require institutions of higher education to participate in the E-Verify Program in order to be eligible to participate in any program authorized under title IV of such Act.

Sponsor: Sen. Jim Banks (R-IN)

S. 1148
A bill to terminate the Department of Education.

Sponsor: Sen. Rand Paul (R-KY)

S. 1182
A bill to amend the Higher Education Act of 1965 to prohibit institutions of higher education that authorize antisemitic events on campus from participating in the student loan and grand programs under title IV of such Act.

Sponsor: Sen. Tim Scott (R-SC)

S.Res. 133
A resolution expressing support for the local public K-12 schools of the United States and condemning any actions that would defund public education or weaken or dismantle the Department of Education.

Sponsor: Sen. Adam Schiff (D-CA)