May 12, 2025
The information covered below is from April 25, 2025, through May 8, 2025.
Highlights:
ADMINISTRATION
President Trump releases his Fiscal Year (FY) 2026 “Skinny” Budget Request: On May 2, President Trump sent to Congress his Administration’s topline discretionary Budget Request for Fiscal Year 2026 (FY2026), known as the “skinny budget.” For the USED, the request proposes $66.7 billion, a reduction of $12 billion or 15.3% below the FY2025 level approved by Congress through the Full-Year Continuing Appropriations and Extensions Act of 2025 and signed into law by President Trump on March 15, 2025. Given the President’s desire to eliminate the USED, it is notable that his budget request did not zero out its funding. That said, the budget request aligns with the Administration’s efforts to hollow out the USED by reducing the overall funding and recommending the consolidation of several key programs:
K-12 Education:
Although the budget request maintains funding for Title I, it proposes to consolidate 18 existing Every Student Succeeds Act (ESSA) programs into a new $2 billion “K-12 Simplified Funding Program”—which would represent a $4.5 billion decrease below the total current funding for those programs. Details are limited, making it unclear exactly which programs are reduced or eliminated, but Title II and Title IV-A are likely included. The proposal seems to suggest some version of a block grant approach that may provide more flexibility to states and districts—but that would come at a cost of nearly 70% less funding.
The budget request also calls for the consolidation of seven Individuals with Disabilities Education Act (IDEA) programs, essentially eliminating the different parts of IDEA—including those programs dedicated to providing services to infants, toddlers, and preschool-aged children—and instead consolidating funding into one program. The skinny budget request does not specify which programs would be included in the IDEA consolidated program, and unlike with the ESSA proposal, the IDEA consolidation does not appear to come with a funding cut.
Student Financial Assistance:
The budget request would eliminate the Supplemental Educational Opportunity Grants (SEOG) program and cut the Federal Work-Study program by 80% while also restructuring it.
Notably, the skinny budget request is silent on many programs, including Pell Grants, the Child Care and Development Block Grant (CCDBG), Head Start, and the Institute of Education Sciences (IES), which houses most USED data collection and research funding. It is unclear what level of funding is recommended for these programs, although Head Start has been mentioned in press reports as not having been cut in the President’s budget request. The skinny budget does call for the elimination of the Preschool Development Grant Birth-to-Five Program, a competitive grant designed to help states with early childhood systems-building.
The budget request also prioritizes the reduction or elimination of what it characterizes as “woke” parts of the government, including significantly reduced funding for the National Science Foundation and the complete elimination of funding for TRIO, GEAR UP, Teacher Quality Partnerships, and Equity Assistance Centers, among other programs.
Full details of the President’s FY2026 budget request are expected to be released in late May or June. The budget request is simply a request to Congress, which ultimately must approve funding levels for the 2026 Fiscal Year.
President Trump issues Executive Orders impacting education: President Trump has issued a number of Executive Orders (EOs) that impact education and related areas. The most recent EOs include, but are not limited to, the following:
Trump Administration releases information highlighting efforts during its first 100 days in office: On April 29, President Trump marked his 100th day of his second term, in which he participated in an interview on Meet the Press to highlight some of the Administration’s initial efforts. The USED created a webpage to note a number of actions taken, naming the advancement of school choice, Title IX enforcement, “rooting out divisive diversity, equity, and inclusion ideologies,” investigating antisemitic incidents, and “rightsizing” higher education. The webpage links to specific efforts under each of these areas, including media and press releases corresponding to relevant actions.
U.S. Department of Education (USED):
USED issues Dear Colleague Letter regarding process for changing institutional accreditors: On May 1, the USED’s Office for Federal Student Aid (FSA) issued a Dear Colleague Letter with initial actions to comply with President Trump’s Executive Order (EO), “Reforming Accreditation to Strengthen Higher Education.” The EO instructed the Department to allow institutions to more freely change accreditors and begin reviewing new accreditors. The letter informs institutions of higher education (IHEs) that they will no longer have to undergo a lengthy process before changing an accreditor. Additionally, the letter lifts the Biden Administration's moratorium on accepting and reviewing applications for initial recognition of potential new accreditors. The letter emphasizes that, “the law and regulation describe the requirements regarding what constitutes reasonable cause for changing an accrediting agency…This guidance re-establishes a simple process that will remove unnecessary requirements and barriers to institutional innovation.”
Collections on defaulted student loans resume, as USED issues Dear Colleague Letter and guidance regarding higher education’s Title IV responsibilities: On May 5, the USED resumed collections of its defaulted federal student loan portfolio. Defaulted borrowers had not been required to repay their loans since March 2020, when they were paused for the pandemic. Additionally, the Department issued a Dear Colleague Letter to IHEs on April 5, regarding their shared responsibility under Title IV of the Higher Education Act of 1965 to support student loan borrowers. In the letter, USED Secretary Linda McMahon urges IHEs to contact former students “to remind them of their obligation to repay any federal student loan that is not in deferment or forbearance, and that they do so before June 30, 2025.”
USED holds negotiated rulemaking session on higher education programs: On April 29 and May 1, the USED held negotiated rulemaking sessions on higher education programs. The Department first announced a Notice of Intent to negotiate new regulations on at least three higher education topics on April 4, including: “Refining definitions of a qualifying employer for the purposes of determining eligibility for the Public Service Loan Forgiveness (PSLF) program; Pay As You Earn (PAYE) and Income Contingent Repayment (ICR) repayment plans; and Potential topics that would streamline current federal student financial assistance program regulations, while maintaining or improving program integrity and institutional quality.” According to reporting from the National Association of Student Financial Aid Administrators (NASFAA), Acting Under Secretary James Bergeron stated that the higher education system “has become overregulated and a little unfocused,” suggesting that “Colleges and universities are forced to prioritize compliance with government regulations over serving students.” NASFAA noted that during the session, USED Deputy Assistant Secretary Jeffrey Andrade stressed that the rulemaking session cannot eliminate the PSLF program, as doing so would require legislation.
Trump Administration reverses stance on international student visas: At least 1,220 students at 187 colleges and universities and university systems have had their visas revoked, their legal status terminated or both, in recent weeks, triggering dozens of lawsuits across the country. On April 25, however, the federal government appeared to reverse course. In a statement on the restoration of students’ legal status, the government announced that “ICE is developing a policy that will provide a framework for SEVIS [Student and Exchange Visitor Information Systems database] record terminations.” Until the policy is finalized, the statement goes on, records will remain active or be reinstated. Some schools have subsequently seen students’ SEVIS records restored.
USED issues non-continuation notices to Bipartisan Safer Communities Act grantees: According to media reports, the USED recently notified a significant number of its Bipartisan Safer Communities Act (BSCA) grantees that the Secretary has determined that continuing these grants beyond the current budget period is not in the “best interest of the Federal Government.” The non-continuation decisions may affect up to $1 billion in school safety and school-based mental health support. Although the USED has not yet issued a statement about the BSCA grants, it appears that the Secretary’s action is part of the Administration’s “anti-DEI” efforts. Note that these non-continuation decisions may be procedurally different from the sudden cancellations of some grants that took place earlier in the Administration and that have been the subject of multiple lawsuits, which are still proceeding. According to a letter issued by Democratic Senators, DOJ has also taken action against its BSCA grants including many that may affect community-based violence prevention programs that may impact students and families as well. BSCA was bipartisan legislation aimed at addressing gun violence passed by Congress and signed into law by former President Biden in June 2022.
USED issues letter to Chief State School Officers regarding Unsafe School Choice Option: On May 7, the USED issued a letter to Chief State School Officers providing guidance on the Unsafe School Choice Option provision of the Elementary and Secondary Education Act of 1965 (ESEA), which requires each state to establish and implement a policy designed to ensure students in persistently dangerous schools are provided with an opportunity to attend a safe public elementary or secondary school, including a public charter school. The letter explains the Unsafe School Choice Option provision and encourages state leaders to take the following actions for compliance: consider providing multiple school choice options; consider reducing the period of time before a school is determined to be persistently dangerous; and regularly review and revise the State’s definition of a persistently dangerous school, among other actions.
Administration continues investigation-related action against Harvard University: The Administration began its investigation of Harvard University on March 31 when the Joint Task Force on Antisemitism, led by the USED and the U.S. Department of Justice (DOJ), announced a review of Harvard University’s federal contracts due to claims that the institution was not properly responding to reports of antisemitism on its campus. The investigation has resulted in multiple actions and responses between the Administration and Harvard University, which most recently included:
Previously, on April 16, the Department of Homeland Security (DHS) terminated $2.7 million in DHS grants to Harvard and ordered the institution to prove compliance with foreign student visa requirements. Harvard Executive Vice President Meredith Weenick responded, noting the institution’s commitment to compliance with the Student and Exchange Visitor Program (SEVP).
Joint Task Force to Combat Anti-Semitism continues investigations at institutions of higher education: On May 6, the Joint Task Force to Combat Anti-Semitism announced a review of recent incidents of antisemitic violence at the University of Washington (UW). The announcement notes that the Task Force “appreciates the university’s strong statement condemning” the recent actions on its campus, and adds that the Task Force “expects” further enforcement actions and policy changes “that are clearly necessary” to prevent further violence.
The Task Force also issued statements regarding recent protest activity at Yale University and Columbia University, noting its support of the institutions’ swift actions to enforce its policies and “appropriately discipline students.”
USED announces investigation into UC Berkeley and UPenn regarding its foreign funding disclosures: On April 25, USED Secretary Linda McMahon directed the Office of General Counsel (OGC) to take over the Department’s enforcement functions relating to the disclosures of foreign gifts and contracts under Section 117 of the Higher Education Act of 1965, including investigations into the University of California Berkeley and the University of Pennsylvania. Section 117 requires that postsecondary institutions receiving federal financial assistance must disclose foreign source gifts and contracts with a value of $250,000 or more annually to the Department. Section 117 was previously enforced by the Office of Federal Student Aid (FSA). The investigation into UC Berkeley and UPenn follows a previous announcement of a Section 117 investigation at Harvard University. The investigations allege that all of the institutions’ foreign funding disclosures to the Department may be incomplete or inaccurate.
USED opens new Title IX investigations: The USED has opened new investigations regarding allegations of Title IX violations:
USED investigation finds UPenn violated Title IX: On April 28, the USED’s OCR announced that its investigation into UPenn concluded, finding that the institution’s “policies and practices violated Title IX by denying women equal opportunities by permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.” In a letter to UPenn President J. Larry Jameson, the USED stated that the institution has 10 days to voluntary resolve the violation, requiring the following actions: issue a statement to the University community stating that the University will comply with Title IX in all of its athletic programs; and restore to all female athletes all individual athletic records, titles, honors, awards or similar recognition for Division I swimming competitions misappropriated by male athletes competing in female categories, among other actions.
USED launches new Title VI investigations: The USED has launched three new investigations regarding allegations of violations of Title VI of the Civil Rights Act of 1964:
USED terminates Corporation for Public Broadcasting’s Ready To Learn grants: On May 6, the USED terminated the Corporation for Public Broadcasting’s (CPB) 2020-2025 Ready To Learn grant. A statement from CPB shared that the Corporation “informed PBS and 44 public media stations in 28 states and the District of Columbia that receive Ready To Learn grants to stop work immediately, pausing the program in rural and urban communities throughout the country.” Patricia Harrison, President and CEO of CPB, added that, “Ready To Learn has received strong bipartisan support from Congress for the last 30 years because of the programs’ proven educational value in advancing early learning skills for all children. We will work with Congress and the Administration to preserve funding for this essential program.”
Trump Administration dismisses Consumer Financial Protection Bureau lawsuit against National Collegiate Student Loan Trusts: On April 25, the Trump Administration dismissed the Consumer Financial Protection Bureau's (CFPB) lawsuit against National Collegiate Student Loan Trusts. CFPB first filed a lawsuit in 2017 against the Trusts, asserting that they brought improper debt collection lawsuits against private student loan borrowers. Reporting from NBC stated that the case had reached a proposed $2.25 million settlement that would have gone to impacted borrowers before the Trump Administration filed for a voluntary dismissal.
U.S. Department of Health and Human Services (HHS):
Administration for Children and Families (ACF) issues new guidance on the Child Care and Development Block Grant (CCDBG) and Head Start: On April 29, in response to President Trump's EO titled, “Expanding Educational Freedom and Opportunity for Families,” ACF issued two pieces of sub-regulatory guidance on CCDBG and Head Start:
Neither of these guidance documents directs grantees to undertake any new activities. Nor do they include new interpretations of existing law or regulations.
HHS issues Dear Colleague Letter with information on how states can use Temporary Assistance for Needy Families (TANF) funds to expand school choice: On April 29, HHS issued a Dear Colleague Letter in response to President Trump’s EO titled, “Expanding Educational Freedom and Opportunity for Families,” which charged the HHS with issuing guidance “regarding whether and how States receiving block grants for families and children from the Department can use them to expand educational choice.” The letter points to prior guidance, issued in 2005, which provides information about when and how federal TANF and state maintenance-of-effort funds may be used for early childhood education, school readiness, kindergarten, and other public education programs. The letter also notes that “a state could use TANF to help fund such services for children and youth, including after school programs or child care, at educational alternatives to governmental entities, including private and faith-based options.”
HHS Office for Civil Rights (OCR) issues Dear Colleague Letter regarding its interpretation of race-based discrimination: On May 6, HHS’ OCR issued a Dear Colleague Letter to explain “its interpretation of what constitutes race-based discrimination under Title VI of the Civil Rights Act of 1964 (Title VI), Section 1557 of the Affordable Care Act (Section 1557), and the Equal Protection Clause of the United States Constitution.” The Dear Colleague letter reinforces that relying on race-based criteria, racial stereotypes, and facially neutral criteria that operates as a pretext for race are all prohibited under Title VI and Section 1557, including when diversity and racial-balancing are the aims. The Department advised medical schools to:
U.S. Department of Agriculture (USDA):
USDA agrees to unfreeze federal funds to Maine following Title IX dispute: On May 2, USDA and Maine reached a settlement over nutrition funds withheld over alleged Title IX violations, unfreezing federal funds that provide school meals for Maine students. Maine’s federal funds were first frozen by the USDA on April 2, relating to a decision that was based on a disagreement between the federal and state governments about whether the state of Maine was complying with Title IX. In response, Maine brought a lawsuit against the USDA in federal court and on April 11, District Court Judge John Woodcock issued a temporary restraining order unfreezing the funds. The settlement follows the temporary restraining order.
CONGRESS
Congressional education leaders urge USED Secretary McMahon to reject waiver requests for K-12 education funds that allow states to avoid accountability: On May 8, Democratic Congressional education leaders sent a letter to USED Secretary Linda McMahon expressing “significant concerns about reports that states are seeking waivers of requirements in the Elementary and Secondary Education Act (ESEA) that violate that law.” The letter was led by House Education and Workforce Committee Ranking Member Bobby Scott (D-VA), Senate HELP Committee Ranking Member Bernie Sanders (I-VT), House Appropriations Committee Ranking Member Rosa DeLauro (D-CT), Senate Appropriations Committee Ranking Member Patty Murray (D-WA), and Senate Labor, Health and Human Services, Education, and Related Agencies Appropriations Subcommittee Ranking Member Tammy Baldwin (D-WI). The letter comes on the heels of reports that Iowa and Oklahoma are advocating to be able to combine dedicated programmatic funding into a single block grant, which the Democratic leaders write “would shortchange marginalized students and under resourced schools intended to be supported by individual grant programs.” The leaders emphasize that “Adherence to the statutory and regulatory requirements outlined in ESEA is not optional…The Secretary has limited authority to grant waivers for specific purposes as long as the waivers are in compliance with the law.”
Senate Appropriations Ranking Member Murray and House Appropriations Ranking Member DeLauro release tracker on Trump Administration’s frozen federal funds: On April 29, Senate Appropriations Committee Ranking Member Patty Murray (D-WA) and House Appropriations Committee Ranking Member Rosa DeLauro (D-CT) released a new tracker detailing how the Trump Administration has frozen at least $430 billion in federal funding. The tracker includes federal funds that have been frozen across medical research, public safety, natural disaster relief, agriculture business, school lunches, Head Start programs, infrastructure, and national security, among other programs. Announcing the tracker, Ranking Members Murray and DeLauro emphasized how the withheld funds are Congressional-mandated, stating, “No American president has ever so flagrantly ignored our nation’s spending laws or so brazenly denied the American people investments they are owed.”
SENATE
Senate HELP Committee debates legislation to address antisemitism: On April 30, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a markup on two bipartisan bills aiming to address antisemitism on college campuses: S. 163, the “Protecting Students on Campus Act,” sponsored by HELP Committee Chair Bill Cassidy (R-LA) and Senator John Fetterman (D-PA), and S. 558, the “Antisemitism Awareness Act,” sponsored by Senators Tim Scott (R-SC) and Jacky Rosen (D-NV) and cosponsored by 43 other senators, including Majority Leader John Thune (R-SD) and Democratic Leader Chuck Schumer (D-NY). S. 558 would define “antisemitism” in federal antidiscrimination laws. The Antisemitism Awareness Act passed the House of Representatives last Congress with a bipartisan vote of 320-91, but did not advance in the Senate. S. 163 would ensure students on college campuses are aware of their rights and ability to file discrimination complaints with the USED’s Office of Civil Rights and authorize funding to ensure institutions of higher education can address complaints.
During the Senate HELP Committee markup, Senator Rand Paul (R-KY) joined with the Committee’s Democratic Senators in support of a number of amendments that, according to Republican Senators, could prevent the bill from advancing beyond the Committee. Among the amendments was one introduced by Senate HELP Committee Ranking Member Bernie Sanders (I-VT) declaring that opposing Israeli actions in Gaza was “free speech” and not antisemitic. Another amendment, sponsored by Senator Ed Markey (D-MA), would prevent students or faculty from detention or deportation based on “protected conduct under the First Amendment.” Ranking Member Sanders also offered a range of amendments on the right to protest and on preventing the federal government from violating First Amendment rights. After several amendments supported by Democratic Senators and Senator Paul (R-KY) were approved, Chair Cassidy adjourned the markup without taking a final vote.
Senate passes Congressional Review Act resolution to overturn Federal Communications Commission’s (FCC) rule providing access to wireless devices outside of school: On May 8, the Senate passed S.J.Res. 7, a Congressional Review Act resolution that would overturn the FCC’s “Addressing the Homework Gap Through the E-Rate Program.” The rule would allow E-Rate funding to be used for wireless devices that can be used outside of school. The resolution passed the Senate by a vote of 50-38. The regulation was adopted by the FCC last year and was a key effort by former FCC Chair Jessica Rosenworcel to address the homework gap. However, Senator Ted Cruz (R-TX), who sponsored the CRA resolution, has stated that the rule violates the Communications Act limiting the Commission’s authority under the Universal Service Fund to “classrooms,” as well as asserts that the rule increases risks for kids’ online safety and harms parental rights. Earlier this week, a coalition released a letter opposing the CRA resolution, noting that “almost 20,000 schools and libraries across the country are currently in the process of applying for several hundred thousand hotspots, which often have multiple users.” The resolution to overturn the rule would now need to be considered by the House before being sent to the President.
Senate Appropriations Vice Chair Murray holds forum on consequences of closing USED: On May 6, Senate Appropriations Vice Chair Patty Murray (D-WA) held a forum to discuss the Trump Administration’s proposal to eliminate the USED. The forum featured testimony from Rhode Island’s Commissioner of Elementary and Secondary Education Angélica Infante-Green; President and CEO of The Education Trust Denise Forte; Director of Education Advocacy LLC and parent advocate Diane Willcutts; and Tasha Berkhalter, an Army veteran who was defrauded by ITT Tech. During the forum, Vice Chair Murray emphasized the role of the Department to provide all students with a high-quality public education and asked witness Denise Forte about the impact of closing the agency. Ms. Forte explained the four important roles of the Department that are at risk: distributing supplemental funds not provided by the states, education data and statistics, the facilitation of student loans, and enforcing civil rights.
HOUSE
House Education and Workforce Committee advances legislation to comply with Committee’s instructions in the recently passed budget resolution: On April 29, the House Education and Workforce Committee held a markup and advanced its legislation to comply with instructions included in the recently passed budget resolution, H.Con.Res.14 on a 21-14 party-line vote. The legislation only addresses higher education and student financial assistance, providing an estimated budget savings of $351 billion over FY2025-2034. If enacted into law, the modifications in the legislation would represent significant changes to the federal financial aid programs. Among other provisions, the bill would:
House Education and Workforce Ranking Member Bobby Scott (D-VA) issued a statement following the resolution’s passage, calling attention to what he referred to as “30 commonsense amendments” offered by Committee Democrats, all of which Committee Republicans rejected.
Because the bill is designed to comply with the rules of Budget Reconciliation, final legislation would not be subject to the 60-vote threshold for a filibuster and could pass the Senate with a simple majority vote. However, this bill only represents the position of House Republicans, and it remains to be seen whether the Senate Republicans’ version will mirror all, some, or none of the House’s provisions. Final legislation would have to be agreed to by both a majority of the House and Senate.
House Education Committee held hearing on antisemitism on college campuses: On May 7, the House Education and Workforce Committee held a hearing titled, "Beyond the Ivy League: Stopping the Spread of Antisemitism on American Campuses.” This was another in a series of hearings the Committee has held, starting last Congress, with presidents of universities to examine antisemitism on college campuses. The Committee heard testimony from: President Wendy Raymond from Haverford College; President Robert Manuel from DePaul University; President Jeffrey Armstrong from California Polytechnic State University, San Luis Obispo; and David Cole, Professor at Georgetown University Law Center and former National Legal Director at the American Civil Liberties Union to testify.
Committee Chairman Tim Walberg (R-MI), in his opening remarks, highlighted the work of the committee in “exposing the antisemitism that has infected our nation’s oldest and best-known institutions of higher education—schools like Harvard, Columbia, and Northwestern” and argued that the “scourge of antisemitism has taken root far beyond the country’s best-known ivory towers.” Chair Walberg cited examples of faculty members “who engage in blatant antisemitism with no apparent consequence” and “multiple instances of physical violence against Jewish students.” Ranking Member Bobby Scott (D-VA), in his remarks, reaffirmed the Committee’s commitment to combatting antisemitism on and off campus, but criticized Chair Walberg for the “eighth” hearing on the issue “without taking any action to address other forms of discrimination or hate.” Ranking Member Scott also noted that the Trump Administration was “in the process of dismantling the Office of Civil Rights (OCR)” with “half of the OCR staff laid off,” which will limit the “ability to address antisemitism or other forms of discrimination.”
Additionally, Republican members drew attention to specific issues of bias, harassment, or violence at each of the three colleges. Representative Elise Stefanik (R-NY) asked President Raymond of Haverford College about “repercussions or investigations into these instances [of antisemitism].” Other Republican members highlighted examples of antisemitism and claimed the colleges were not doing enough to address the issue. Democratic members of the Committee condemned antisemitism, but drew attention to efforts to dismantle the USED, which will hinder or severely limit efforts to address antisemitism. Finally, in a notable exchange, Professor Cole from Georgetown pushed back on these accusations and argued that, “The vast majority of antisemitic speech is constitutionally protected, even if hateful. We can and should condemn it, but it remains protected.”
House passes bipartisan bill to restrict federal funding to IHEs that have a relationship with a Confucius Institute: On May 7, the House passed H.R. 881, the “DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act,” which establishes funding restrictions – via the U.S. Department of Homeland Security – on IHEs that have an established relationship with Confucius Institutes. The bill passed by a bipartisan vote of 266-153, including with the support of 55 Democrats. In her opening statement considering the bill before the House Rules Committee, Committee Chair Virginia Foxx (R-NC) said, “Congress can and should safeguard [taxpayer] funding and ensure they are appropriately used, while encouraging universities to end relationships with partners who do not have America's best interest in mind.”
House Education and Workforce Chair Walberg requests investigation of AmeriCorps’ use of pandemic relief funds: On April 24, House Education and Workforce Chair Tim Walberg (R-MI) sent a letter requesting that the Government Accountability Office (GAO) investigate whether AmeriCorps violated the law when managing American Rescue Plan (ARP) Act funds. The letter states that, “The AmeriCorps Office of Inspector General recently issued a management alert outlining its concern that the agency’s interpretation and recording of grant obligations may have resulted in the improper obligation of up to $144 million in ARP funding after the June 3 rescission date.” Chair Walberg specifically requests a legal decision regarding AmeriCorps’ grant process and obligation dates, as well as whether AmeriCorps obligated rescinded ARP funds.
U.S. COURTS
Courts halt enforcement of the Title VI Dear Colleague Letter and “DEI” certifications: On April 3, the USED issued a letter for state and local education agencies (SEAs and LEAs) to submit a new certification, affirming that they are not violating Title VI of the Civil Rights Act of 1964 through “illegal DEI practices.” The deadline for this certification was April 24; however, three federal courts issued rulings on April 24 that, collectively, block the USED from acting on those certifications and/or taking Title VI enforcement actions based on the underlying guidance issued and cited by the Trump Administration against diversity, equity, and inclusion efforts in K-12 and higher education. The rulings were from cases brought by the National Education Association, American Federation of Teachers, and the NAACP. The enjoined resources include the February 14 Dear Colleague Letter, the FAQs that followed it, the USED’s “End DEI” portal, and the Title VI/“illegal DEI” certification. Of note, the USED can still enforce Title VI consistent with long-standing interpretations of that law. The USED just cannot do so in ways that are based on or rely upon the Administration’s new guidance or the certification. Each of the three rulings remain in place while each lawsuit proceeds to final resolution. Two are “preliminary injunctions” and one is a “stay.”
Separately, on April 25, nineteen attorneys general filed a new lawsuit challenging the certification, seeking to stop the Department from withholding funding given the “vague, contradictory, and unsupported interpretation of Title VI.
Federal court blocks enforcement of pandemic late liquidation cancelations: On May 6, the United States District Court for the Southern District of New York issued a preliminary injunction in a case challenging the USED’s cancellation of already-approved late liquidation requests of Elementary and Secondary School Emergency Relief (ESSER) funds. Previously, on March 28, the USED informed state education agencies (SEAs) that the Administration has canceled any prior approval for “late liquidation” of remaining funds from a variety of federal pandemic recovery funds, including American Rescue Plan (ARP) ESSER, Emergency Assistance to Non-Public Schools (EANS), and Homeless Children and Youth (HCY) funds. On April 10, sixteen states and the District of Columbia filed a lawsuit alleging that the cancellations were arbitrary and capricious and in violation of the Administrative Procedure Act. The court’s order blocks the USED from enforcing the funding cancelations to only the plaintiff states during the litigation.
Supreme Court hears oral arguments on two cases relevant to education: In the final weeks of its term, the U.S. Supreme Court heard arguments on two cases related to public education. On April 28, oral arguments in A.J.T. v. Osseo Area Schools examined whether the Americans with Disabilities Act and the Rehabilitation Act require students with disabilities to meet a uniquely high standard to gain relief for discrimination in their educational experience. One aspect of the argument focused on whether the Court’s decision in this case would (or should) be limited to these two disability rights laws or be applied to a wider range of anti-discrimination laws.
On April 30, the Court also considered a challenge to the first religiously-affiliated charter school in the country. Oral arguments in Oklahoma Statewide Charter School Board v. Drummond addressed whether a private religious school should be considered a state actor if it participates in a state’s charter school program and whether a state’s exclusion of religious schools from its charter school program violates the First Amendment’s free exercise clause. Since Justice Barrett recused herself, the private religious school would prevail with a 5-3 vote, but the Oklahoma Charter School Board would win if there is a 4-4 tie (because that will leave in place the lower court’s decision that disallowed the religious charter school). The Court is scheduled to begin issuing decisions on these and other cases in May.
National Academy of Education and National Council on Measurement in Education file lawsuit on data reductions: On April 24, the National Academy of Education and National Council on Measurement in Education filed a lawsuit in the U.S. District Court for the District of Columbia challenging the USED’s reductions and eliminations of federal educational data collections and capacity, as well as its reduction in force within key education data collection offices. The case was filed by the NAACP Legal Defense Fund (LDF), and argues that the federal agency’s actions constitute a direct violation of the Education Sciences Reform Act (ESRA), which requires the agency to maintain the Institute of Education Sciences, its research centers, including the National Center for Education Statistics, and ensure the availability of independent, comprehensive, and scientifically-valid education data. The lawsuit further argues that the USED lacks the authority to abdicate these duties, which are statutorily mandated by Congress.
Parent groups and Head Start providers file lawsuit challenging Trump Administration’s actions to dismantle Head Start: On April 28, a coalition of parents and Head Start providers filed a lawsuit challenging the Trump Administration’s coordinated and unlawful efforts to dismantle the Head Start program. The complaint alleges that HHS “unlawfully implemented the DOGE and anti-DEIA [diversity, equity, inclusion, and accessibility] Executive Orders by gutting the program of staff and resources, delaying access to funds, and issuing vague policies that ban core Head Start programing.” Plaintiffs are asking the court to declare the dismantling of Head Start unlawful.
Upcoming Events (Congress & Administration):
Upcoming Events (Outside Organizations):
Publications (Outside Organizations):
Legislation:
Introduced in the House of Representatives:
H.R. 15
A bill to prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.
Sponsor: Rep. Mark Takano (D-CA)
H.R. 3039
A bill to direct the Attorney General to authorize the youth gun violence prevention program.
Sponsor: Rep. Daniel Goldman (D-NY)
H.R. 3044
A bill to prohibit institutions of higher education from mandating COVID–19 vaccines for students or staff.
Sponsor: Rep. Mark Messmer (R-IN)
H.R. 3053
A bill to direct the Comptroller General of the United States to carry out a study on interagency data sharing and collaboration between the State agencies that administer WIC, SNAP, and Medicaid, and for other purposes.
Sponsor: Rep. Bonnie Watson Coleman (D-NJ)
H.R. 3054
A bill to require the Director of the Office of Science and Technology Policy to develop a consistent set of policy guidelines for Federal research agencies to address financial instability of graduate researchers and postdoctoral researchers, and for other purposes.
Sponsor: Rep. Jennifer McClellan (D-VA)
H.R. 3124
A bill to increase the participation of historically underrepresented demographic groups in science, technology, engineering, and mathematics education and industry.
Sponsor: Rep. Marilyn Strickland (D-WA)
H.R. 3129
A bill to allow certain qualified law enforcement officers and retired law enforcement officers to carry a concealed firearm to protect children in a school zone.
Sponsor: Rep. Randy Weber (R-TX)
H.R. 3130
A bill to establish education partnership programs between public schools and public health agencies to prevent the misuse and overdose of synthetic opioids by youth, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 3131
A bill to amend and reauthorize the Community Services Block Grant Act.
Sponsor: Rep. Glenn Thompson (R-PA)
H.R. 3146
A bill to amend the Higher Education Act of 1965 to include service as a volunteer firefighter or volunteer emergency medical technician as a public service job for purposes of eligibility for the Public Service Loan Forgiveness Program, and for other purposes.
Sponsor: Rep. Daniel Goldman (D-NY)
H.R. 3149
A bill to safeguard children by providing parents with clear and accurate information about the apps downloaded and used by their children and to ensure proper parental consent is achieved, and for other purposes.
Sponsor: Rep. John James (R-MI)
H.R. 3153
A bill to require a standard financial aid offer form, and for other purposes.
Sponsor: Rep. Young Kim (R-CA)
H.R. 3155
A bill to amend the Internal Revenue Code of 1986 to enhance the employer-provided child care credit.
Sponsor: Rep. David Kustoff (R-TN)
H.R. 3165
A bill to amend the Higher Education Act of 1965 to eliminate origination fees on Federal Direct loans.
Sponsor: Rep. Lloyd Smucker (R-PA)
H.R. 3210
A bill to direct the National Science Foundation to make awards for artificial intelligence literacy programs, and for other purposes.
Sponsor: Rep. Adriano Espaillat (D-NY)
H.R. 3217
A bill to amend the Richard B. Russell National School Lunch Act to expand the summer electronic benefits transfer for children program to include benefit transfer during school closures, and for other purposes.
Sponsor: Rep. Mike Levin (D-CA)
H.R. 3233
A bill to amend the Child Nutrition Act of 1966 to direct the Secretary of Agriculture to allow infant food combinations and dinners under the special supplemental nutrition program for women, infants, and children, and for other purposes.
Sponsor: Rep. Monica De La Cruz (R-TX)
H.R. 3237
A bill to amend the Immigration and Nationality Act to provide for a limitation on availability of student visas for institutions in sanctuary jurisdictions.
Sponsor: Rep. Harriet Hageman (R-WY)
H.R. 3250
A bill to create a grant program to support the development of innovative learning models, and for other purposes.
Sponsor: Rep. Joe Morelle (D-NY)
H.R. 3262
A bill to make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools.
Sponsor: Rep. Dina Titus (D-NV)
H.R. 3265
A bill to prohibit the use of corporal punishment in schools, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 3267
A bill to ensure that borrowers who have performed qualifying public service are eligible for Public Service Loan Forgiveness.
Sponsor: Rep. Chrissy Houlahan (D-PA)
H.R. 3273
A bill to authorize the Secretary of Health and Human Services to carry out an early childhood educator loan assistance program, and for other purposes.
Sponsor: Rep. Katherine Clark (D-MA)
H.R. 3274
A bill to provide assistance with respect to child care infrastructure.
Sponsor: Rep. Katherine Clark (D-MA)
H.R. 3281
A bill to prohibit the reduction, elimination, or suspension of funding for land-grant colleges and universities.
Sponsor: Rep. Shomari Figures (D-AL)
H.R. 3282
A bill to amend title VI of the Civil Rights Act of 1964 to prohibit discrimination under any program or activity receiving Federal financial assistance on the ground of religion, to amend the Higher Education Act of 1965 to provide for rigorous enforcement of prohibitions against discrimination by institutions of higher education on the basis of antisemitism, and for other purposes.
Sponsor: Rep. Randy Fine (R-FL)
H.R. 3284
A bill to require audits of institutions with respect to disclosures of foreign gifts, and for other purposes.
Sponsor: Rep. Brandon Gill (R-TX)
H.R. 3285
A bill to amend the Internal Revenue Code of 1986 to allow married couples to apply the student loan interest deduction limitation separately to each spouse, and for other purposes.
Sponsor: Rep. Glenn Grothman (R-WI)
H.R. 3298
A bill to revise counseling requirements for certain borrowers of student loans, and for other purposes.
Sponsor: Rep. Mariannette Miller-Meeks (R-IA)
H.R. 3304
A bill to establish a grant pilot program to provide child care services for the minor children of law enforcement officers to accommodate the shift work and nontraditional work hours of such officers, and to enhance recruitment and retention of such officers.
Sponsor: Rep. Scott Peters (D-CA)
H.R. 3308
A bill to amend the Internal Revenue Code of 1986 to address the teacher and school leader shortage in early childhood, elementary, and secondary education, and for other purposes.
Sponsor: Rep. Bradley Schneider (D-IL)
H.Res. 355
A resolution supporting the designation of the week of April 28 through May 2, 2025, as "National Specialized Instructional Support Personnel Appreciation Week".
Sponsor: Rep. Jahana Hayes (D-CT)
H.Res. 256
A resolution expressing support for the designation of April 13, 2025, through April 26, 2025, as "National Young Audiences Arts for Learning Week".
Sponsor: Rep. Nydia Velazquez (D-NY)
H.Res. 379
A resolution recognizing the roles and contributions of elementary and secondary school teachers in building and enhancing the civic, cultural, and economic well-being of the United States.
Sponsor: Rep. Sam Graves (R-MO)
H.Res. 380
A resolution supporting the designation of the week of May 5 through May 9, 2025, as "Teacher Appreciation Week".
Sponsor: Rep. Jahana Hayes (D-CT)
Introduced in the Senate:
S. 1534
A bill to increase the participation of historically underrepresented demographic groups in science, technology, engineering, and mathematics education and industry.
Sponsor: Sen. Mazie Hirono (D-HI)
S. 1557
A bill to amend the Higher Education Act of 1965 to make technical improvements to the Net Price Calculator system so that prospective students may have a more accurate understanding of the true cost of college.
Sponsor: Sen. Chuck Grassley (R-IA)
S. 1558
A bill to require a standard financial aid offer form, and for other purposes.
Sponsor: Sen. Chuck Grassley (R-IA)
S. 1559
A bill to revise counseling requirements for certain borrowers of student loans, and for other purposes.
Sponsor: Sen. Chuck Grassley (R-IA)
S. 1569
A bill to modify the criteria for recognition of accrediting agencies or associations for institutions of higher education.
Sponsor: Sen. Jim Banks (R-IN)
S. 1571
A bill to award grants to local educational agencies and nonprofit organizations to operate after school programs in certain areas with a high rate of juvenile crime.
Sponsor: Sen. Marsha Blackburn (R-TN)
S. 1586
A bill to safeguard children by providing parents with clear and accurate information about the apps downloaded and used by their children and to ensure proper parental consent is achieved, and for other purposes.
Sponsor: Sen. Mike Lee (R-UT)
S. 1602
A bill to coordinate Federal research and development efforts focused on modernizing mathematics in STEM education through mathematical and statistical modeling, including data-driven and computational thinking, problem, project, and performance-based learning and assessment, interdisciplinary exploration, and career connections, and for other purposes.
Sponsor: Sen. Maggie Hassan (D-NH)
S. 1622
A bill to amend the Richard B. Russell National School Lunch Act to expand the summer electronic benefits transfer for children program to include benefit transfer during school closures, and for other purposes.
Sponsor: Sen. Patty Murray (D-WA)
S. 1633
A bill to require the Director of the National Institute of Standards and Technology to establish a pilot program that uses testbeds to develop measurement standards for the evaluation of artificial intelligence systems, and for other purposes.
Sponsor: Sen. Ben Ray Lujan (D-NM)
S. 1676
A bill to amend the Internal Revenue Code of 1986 to address the teacher and school leader shortage in early childhood, elementary, and secondary education, and for other purposes.
Sponsor: Sen. Dick Durbin (D-IL)
S. 1683
A bill to amend the Higher Education Act of 1965 to provide for Workforce Pell Grants.
Sponsor: Sen. Ted Budd (R-SC)
S. 1694
A bill to establish the Department of Homeland Security funding restrictions on institutions of higher education that have a relationship with Confucius Institutes, and for other purposes.
Sponsor: Sen. Rick Scott (R-FL)
S.Res. 202
A resolution recognizing the significance of "Community College Month" in April 2025 as a celebration of the more than 1,000 community colleges throughout the United States that support access to higher education, workforce training, and more, and broadly sustain and advance the economic prosperity of the United States.
Sponsor: Sen. Ed Markey (D-MA)
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