The information covered below is from May 9, 2025, through May 22, 2025.

Highlights:

• On May 22, the United States District Court for the District of Massachusetts issued a preliminary injunction blocking the Trump Administration’s efforts to dismantle and eventually eliminate U.S. Department of Education.
• On May 22, the House passed its budget reconciliation bill by a party-line vote of 217-212.
• On May 22, the U.S. Supreme Court issued an equally divided ruling that does not allow public funds to be used to fund religious charter schools.

ADMINISTRATION:

U.S. Department of Justice (DOJ) establishes Civil Rights Fraud Initiative: On May 19, the DOJ announced the establishment of the Civil Rights Fraud Initiative, which will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” In the announcement, Attorney General Pam Bondi stated that the initiative will take action, including the potential withholding of federal funding, against institutions that “allow anti-Semitism and promote divisive DEI policies.” Deputy Attorney General Todd Blanche added that the DOJ’s Civil Fraud Section and Civil Rights Division will both be involved in the initiative, and the announcement “strongly encouraged” whistleblowers and members of the public to file complaints under the False Claims Act and report them to the federal government as well.

Secretary of Defense directs Secretaries of the Military Departments to certify Military Service Academy (MSA) admissions’ policies: On May 9, the Secretary of Defense directed the Secretaries of the Military Departments within 30 days to “certify their admissions are race-, ethnicity-, and sex-blind….exclusively on merit for the 2026 admissions cycle and beyond.” The memo to the Secretaries adds, “Merit-based scores may give weight to unique athletic talent or other experiences such as prior military service or performance at a MSA preparatory school.” The decision follows the U.S. Supreme Court declining to temporarily block the U.S. Military Academy from considering race in its admissions process on February 4, 2024, at the request of Students for Fair Admission (SFFA). Of note, Chief Justice John Roberts, in his opinion for the majority in SFFA v. Harvard, indicated that the court’s opinion did not apply to the service academies, “in light of the potentially distinct interests that military academies may present.” Nevertheless, both the Naval Academy and the Air Force Academy already changed their admissions policies to no longer include any consideration of race, pursuant to a January 2025 Executive Order titled, “Restoring America’s Fighting Force.”

Administration continues action at National Science Foundation: The Administration continues to make significant changes at the National Science Foundation (NSF), which is the largest source of education research funding. Following the Administration’s recent update to NSF’s priorities and the resignation of NSF Director Sethuraman Panchanathan, additional developments include:

• NSF has canceled over 1,000 grants as “not aligned with agency priorities,” mostly for being associated with “DEI [diversity, equity, and inclusion]” or misinformation research.
• Reports suggest that the agency has stopped making any new awards and frozen funding for existing ones.
• On May 2, 2025, NSF announced it will begin implementing a 15% indirect cost rate for new grants awarded to institutions of higher education (IHEs). Note that a federal court ruled last month that a parallel NIH policy was unlawful and permanently enjoined it, while a similar cap at the Department of Energy is also being challenged in court. NSF has suspended the implementation of the policy pending a court hearing on June 13, 2025, as part of a lawsuit filed by the Association of American Universities (AAU), the American Council on Education (ACE), and the Association of Public and Land-grant Universities (APLU), along with 13 research universities on May 5, 2025.
• The President’s FY2026 “skinny” budget request characterized NSF as a “woke” agency and proposed cutting its budget by 56% - from $8.8 billion to $3.9 billion.

U.S. Department of Commerce Cancels Digital Equity Act Grants: On May 9, the U.S. Department of Commerce began canceling grants authorized under the Digital Equity Act, a law aimed at ensuring all individuals and communities have the resources and skills needed to participate fully in the digital economy. The Act was included as a part of the Bipartisan Infrastructure Law of 2021 and authorized more than $2.5 billion in grants, primarily to boost states’ capacity to increase broadband adoption among their residents. Although President Trump criticized these grants as “woke handouts based on race,” the definition of equity in this instance has nothing to do with race or ethnicity. The plain language of the statute defines “digital equity” as “a condition in which individuals and communities have the information technology capacity that is needed for full participation in the economy of the United States.” 

White House:

President Trump issues statement recognizing National Charter Schools Week: On May 12, President Trump issued a statement recognizing National Charter Schools Week. The statement emphasized the Administration’s “renew[ed] commitment” to supporting charter schools, school choice, and parental rights. President Trump referenced in his statement his Executive Order on expanding school choice, as well as his Executive Order on closing the Department of Education, adding the Administration’s “pledge to support freedom in education in all its forms.”

U.S. DEPARTMENT OF EDUCATION (USED):

USED releases Secretary McMahon’s proposed supplemental grant priorities: On May 20, USED Secretary Linda McMahon published proposed supplemental grant priorities which could be used for future competitive grant programs. Secretary McMahon named three proposed supplemental grant priorities: evidence-based literacy, education choice, and returning education to the states. Secretaries of Education have the authority to identify a set of priorities for any competitive grant to supplement any priorities already established by Congress for that program. Of note, these supplemental Secretarial priorities do not impact formula programs, such as Title I. Secretary McMahon’s supplemental priorities, once finalized, will replace the supplemental priorities of former USED Secretary Miguel Cardona. Secretaries historically update their own supplemental priorities to help drive funding toward emerging priorities. Additionally, Secretary McMahon noted in a press release announcing the proposed priorities that she anticipates publishing additional priorities later this year.

The first proposed priority, “Promoting Evidence-Based Literacy,” is focused on using federal education funds to support proficiency in reading through “Science of Reading”-aligned instruction. The proposed priority states that programs “should be supported by strong or moderate evidence that relates to explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension.”

The second proposed priority, “Expanding Education Choice,” provides a mechanism to direct competitive grant funding to choice mechanisms ranging from vouchers and homeschooling to tutoring and open enrollment. The proposed priority provides a “menu” of options for grantees to expand school choice, which can be found in more detail in the notice.

The third proposed priority, “Returning Education to the States,” declares that “education decisions should be made at the State level, and that those states must be empowered to create opportunity through policies that are more responsive, effective, and aligned with the needs of their communities.” Whenever the Secretary chooses to incorporate this priority in a competition, programs funds will prioritize proposals that will be carried out by one or more of the following: State educational agencies;

Governors; State higher education agencies; entities identified, designated, or endorsed by a Governor or chief State education official for purposes of implementing the project or proposal; an Indian Tribe , Tribal organization, or Tribal educational agency; or consortia of the entities identified under this priority, among others detailed in the notice.

The proposed priorities are open for public comment until June 21, 2025, after which comments will be reviewed and a Notice of Final Priorities will be published. More information can also be found in this EducationCounsel Deep Dive.

USED announces increase funding and a new grant opportunity under the Charter School Programs: On May 16, USED announced an additional $60 million for the Charter School Program (CSP) for fiscal year 2025 (FY25), bringing the total for the program to $500 million. In addition to the funding increase, USED announced a new grant opportunity -- the Model Development and Dissemination Grant Program to showcase innovative charter school models -- and kicked off new competitions in five existing CSP funds: State Entities, State Facilities Incentive Grants, Credit Enhancement, Charter Management Organizations, and Charter School Developers. USED’s announcement did not identify the source of the additional $60 million in CSP funding, but experts on the appropriations process point to the likelihood that these funds were moved by USED in response to additional flexibilities provided in the FY25 Continuing Resolution. As discussed in this EducationCounsel Deep Dive, the FY2025 CR did not provide specific funding levels for all education programs and required USED to submit a spending plan to the Appropriations Committees. However it does not appear that there is an additional $60 million in the CSP account, raising questions about the source of the new funding.

USED announces Negotiated Rulemaking Committee to address Student Loans and Affordability: On May 12, USED announced its intention to establish a Negotiated Rulemaking Committee titled, “Student Loans and Affordability Committee,” to prepare proposed regulations for federal student aid programs. The committee will address the following topics:

• Refining the definitions of a qualifying employer for the purposes of determining eligibility for the Public Service Loan Forgiveness Program; and
• Revisiting family size, restructuring repayment plans, and certain other provisions of the July 10, 2023, rule establishing the Saving on a Valuable Education Plan, which was an new income-driven repayment plan created by the Biden Administration and has been enjoined.

Nominations for negotiators should be submitted to negregnominations@ed.gov by June 2, 2025. The Department anticipates holding one rulemaking session between June 30 and July 2 before issuing proposed and final rules later this year. The Department also plans to announce additional committees focused on various other topics.

USED Office for Civil Rights (OCR) launches Title VI investigation into Fairfax County Public Schools: On May 22, USED’s OCR launched a Title VI investigation into Fairfax County Public Schools (FCPS) regarding the admissions policy to a magnet high school. The investigation follows a complaint from Virginia Attorney General Jason Miyares, who issued a report that concluded FCPS's admissions policy for the Thomas Jefferson High School for Science and Technology (TJ) discriminates on the basis of race. In USED’s press release, Secretary Linda McMahon stated, “The Fairfax County School Board’s alleged decision to weigh race in TJ's admissions decisions appears to be both contrary to the law and to the fundamental principle that students should be evaluated on their merit, not the color of their skin.”

As further background, OCR's investigation is the latest development in a longstanding dispute over the TJ admissions policy. In a 2024 decision about a lawsuit against FCPS, the U.S. Supreme Court declined to review a federal appeals court decision finding that the TJ admissions policy was lawful, avoiding further Court review at the time of undecided legal issues related to diversity and equity in education. The TJ case involved a challenge to a facially race-neutral admissions policy adopted by the high school that (among other things) reduced the weight of test scores and used holistic factors, such as income and feeder schools, in part to better reflect potential, equity, and diversity. Racial status was not a factor in admissions. The plaintiffs claimed that the admissions policy should be subject to strict scrutiny because of its intent and impact on Asian, Asian American, and white applicants. The U.S. Fourth Circuit Court of Appeals found in favor of the school, upholding the admissions policy. The Supreme Court offered no justification for its decision not to hear the case, despite opposition of Justices Alito and Thomas, who published a dissent.

Administration takes additional action against Harvard University, including canceling more grants and terminating its ability to enroll foreign students: The Administration began its investigation of Harvard University on March 31 when the Joint Task Force on Antisemitism, led by 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 a May 13 statement from the Joint Task Force announcing the termination of approximately $450 million in grants to Harvard across eight federal agencies. On May 22, the U.S. Department of Homeland Security also terminated Harvard’s Student and Exchange Visitor Program (SEVP) certification, preventing the university from enrolling foreign students, and forcing existing foreign students to transfer or lose their legal immigration status.

On May 23, Harvard filed suit against the Department of Homeland Security, arguing that the Trump Administration’s blocking of international student enrollment is “a blatant violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act.” Harvard also filed for a temporary restraining order (TRO), asserting that “the revocation would inflict irreparable harm on the University and its students.” Hours later, the federal judge issued the TRO and scheduled additional hearings during the week of May 27.

USED rescinds $37.7 million fine against Grand Canyon University: On May 20, USED rescinded a $37.7 million fine against Grand Canyon University, originally issued in October 2023, after it found the institution falsely advertised doctoral program costs to over 7,500 students. According to a statement by the institution, the “Department dismissed the case with no findings, fines, liabilities or penalties of any kind.” The statement added that USED “confirmed it has not established that GCU violated any Title IV requirements, including the claim that GCU ‘substantially misrepresented’ the cost of its doctoral programs that was alleged under the Biden Administration.” In response to a Higher Ed Dive article, Ellen Keast, a USED spokesperson, said in a statement, “Unlike the previous Administration, we will not persecute and prosecute colleges and universities based on their religious affiliation.”

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

HHS Office for Civil Rights (OCR) announces investigation of alleged civil rights violations at a “Prestigious Midwest University”: On May 13, HHS’ OCR, in its role as part of the Joint Task Force to Combat Anti-Semitism, announced an investigation of a “prestigious midwest university” under Title VI of the Civil Rights Act of 1964, following a complaint from a multi-stakeholder advocacy organization. The complainant organization alleges systemic concerns regarding the university’s actions to maintain a campus climate, academic direction, and institutional policy that ensures nondiscrimination on the basis of race, color, and national origin. The investigation will examine whether the University complied with its obligations under Title VI not to discriminate against Jewish students, such that it denied them an educational opportunity or benefit.

HHS celebrates 60 years of the Head Start Program: On May 19, HHS celebrated the 60th anniversary of the Head Start program, recognizing, “What started in 1965 as a program to fight poverty has grown into a national model for early learning, health and nutrition, and family support to over 40 million children and families.” HHS Secretary Robert F. Kennedy, Jr. stated, “I am committed to protecting the promise of Head Start, as envisioned by my uncle who created the program 60 years ago…And I will ensure that the next generation of families living in poverty have access to this vital program that offers what they need to thrive.”

Personnel:

Senate Health, Education, Labor, and Pensions (HELP) Committee advances Trump Administration nominees for USED: On May 22, the Senate HELP Committee advanced several USED and U.S. Department of Labor nominees. The Committee approved these nominees en bloc by a party-line vote of 12-11. The nominees who advanced include:

• Kirsten Baesler to serve as Assistant Secretary for Elementary and Secondary Education, Department of Education. Ms. Baesler served as North Dakota Superintendent of Schools since 2012. Ms. Baesler was previously a teacher and vice principal for Bismarck Public Schools and served nine years on the Mandan School Board.
• Kevin O’Farrell to serve as Assistant Secretary for Career, Technical, and Adult Education, Department of Education. Dr. O’Farrell served as the Chancellor for the Division of Career and Adult Education for the Florida Department of Education. Dr. O’Farrell has served in various education leadership over the past 18 years, including as an instructor, executive administrator, and state leader.
• Nicholas Kent to serve as Under Secretary of Education, Department of Education. Mr. Kent served as Deputy Secretary of Education for the State of Virginia and previously worked for Career Education Colleges and Universities, which represents for-profit colleges.

These nominations now move to the full Senate for a final vote.

Trump Administration nominates David Barker to be Assistant Secretary for Postsecondary Education: On May 9, President Trump announced the nomination of David Barker to be Assistant Secretary for Postsecondary Education. Dr. Barker most recently served on the Iowa Board of Regents, which oversees the state’s public universities. In that role, Dr. Barker “played a key role in advancing cost control measures, promoting academic freedom, and ending discriminatory DEI programs,” according  to USED’s press release. Dr. Barker holds a Ph.D. in economics from the University of Chicago and has taught economics at both the University of Chicago and the University of Iowa.

CONGRESS:

HHS Secretary Kennedy testifies before House and Senate Committees on the FY2026 President’s budget request for HHS: Throughout May, HHS Secretary Robert F. Kennedy, Jr. testified before the House Labor/HHS Appropriations Subcommittee, Senate Labor/HHS Appropriations Subcommittee, and the Senate HELP Committee on the FY2026 President’s budget request for HHS. During the hearings, HHS Secretary Kennedy spoke in to the Administration's commitment to Head Start, as part of the “Make America Healthy Again” agenda. Despite these assertions, Senate Appropriations Committee Ranking Member Patty Murray (D-WA) raised concerns, during the hearing before the Senate Labor/HHS Appropriations Subcommittee, about delays in the distribution of over $1 billion in FY2025 appropriated Head Start funding, as well as staffing cuts at HHS that are disrupting services. Ranking Member Murray highlighted the closure of a Head Start program in her state affecting 400 children and pressed HHS Secretary Kennedy on who was responsible for withholding funding from the Child Care and Development Block Grant. Secretary Kennedy acknowledged the decision, “was made by my Department.” Ranking Member Murray continued to challenge the decision, accusing the Department of actively cutting current funding and calling for restoration of services.

Beyond funding issues, Secretary Kennedy addressed concerns about the quality of food served in Head Start programs, criticizing the high levels of added sugars and processed meals provided to low-income children. He announced plans to introduce updated childhood nutrition guidelines aimed at improving school lunch standards and reducing long-term health risks. When asked by Senator Katie Britt (R-LA) about the future of Head Start, Secretary Kennedy spoke about the program’s legacy, initiated by his uncle, Sargent Shriver, and its long-term benefits, including improved educational outcomes and reduced involvement with the criminal justice system. While reaffirming the Administration’s commitment to Head Start, he acknowledged ongoing issues and pledged to deliver “a better and brighter Head Start by the end of this Administration.”

Democratic Appropriators raise concerns with delays in release of information regarding USED’s planned implementation of FY2025 funding: On May 16, Senate Appropriations Committee Ranking Member Patty Murray (D-WA), Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee Ranking Member Tammy Baldwin (D-WI), and House Appropriations Committee Ranking Member Rosa DeLauro (D-CT) sent a letter to USED Secretary McMahon expressing “concern about the delay in providing states and school districts with information about expected formula funding required to be provided to them under the Fiscal Year 2025 appropriations law.” The leaders emphasized the statutory obligation of the Department to provide this funding in a “clear, certain and timely manner,” criticizing the Trump Administration’s remarks about “returning education to the states [while] actions to date tell a very different story about the Department’s intentions.” The letter adds that it took the Department more than 50 days after enactment of the FY2025 Continuing Resolution (CR) to provide states and districts with preliminary allocations of Title I-A funds for the 2025-2026, asserting that the claims of “efficiency” that followed the Department’s March reductions in force “[do] not appear to be the case here.” The leader “implore” the Department to “stop creating chaos” and provide states and districts with the information they need. Additionally, the Democratic Appropriators note that the Department “has failed to meet legal requirements to provide an operating plan at the level of detail required” FY2025 CR, despite having more than 45 days to do so.

Senate:

Senate HELP Committee Chair Cassidy hosts event on increasing access to charter schools: On May 16, Senate HELP Committee Chair Bill Cassidy (R-LA) hosted an event titled, “Chartering Excellence: A Policy Briefing on Charter School Innovation,” which considered ways to increase access to charter schools. In his remarks, Chair Cassidy shared how legislation he has proposed - the Equitable Access to School Facilities Act and the Educational Choice for Children Act - would “remove barriers” to charter school access. USED Deputy Assistant Secretary for Special Education and Rehabilitative Services Daniella Diana Diaz Harrison spoke to how charter schools serve students with disabilities. Participants also heard from multiple founders of charter schools who discussed how charter schools’ flexibility in curriculum allows them to serve the personalized needs of children and their community and prepare students for successful careers.

Senator Warren holds forum on increasing education costs for families: On May 14, Senator Elizabeth Warren (D-MA), Ranking Member of the Senate Committee on Banking, Housing, and Urban Affairs, hosted a forum titled, “Stealing the American Dream: How Trump and Republicans Are Raising Education Costs for Families.” Senator Warren criticized the Trump Administration’s actions to dismantle USED, which she expressed, “will make it harder and more expensive for working- and middle-class kids to receive an education.” Senator Warren also called to attention to what she asserted is, “how Trump’s ‘big, beautiful bill’ will slash $351 billion in education funding, harming students and borrowers to pay for tax cuts for millionaires.” Senator Warren invited USED Secretary McMahon to attend the forum; however, Secretary McMahon declined the invitation and instead asked to meet privately with Senator Warren. 

House:

House passes budget reconciliation bill: On May 22, the House passed its budget reconciliation bill by a party-line vote of 217-212, with two Republicans, Reps. Thomas Massie (R-KY) and Warren Davidson (R-OH), and all Democratic Members opposing the bill. In the final hours of the bill’s consideration, the House made changes through a Manager’s amendment to meet the request of several conservative Members to include additional savings and changes. Specifically, the Manager’s amendment moves up the start date of Medicaid work requirements from January 1, 2029, to December 31, 2026. Additionally, while the House did not ultimately change the federal share of spending in the joint federal-state Medicaid program, the final bill did expand the criteria for states to lose a portion of their program funding if they offer coverage to undocumented people, as well as provide “states a financial incentive not to expand coverage to people with higher incomes than traditional enrollees, though still near the poverty line,” according to Politico. The changes also removed Medicaid coverage of gender-affirming care for adults, in addition to a prior version that removed coverage for minors. In another change, Axios reported that the Manager’s amendment also would rename “MAGA” accounts in the bill to “Trump” accounts. The substantive proposal did not change for these accounts, which create a new type of tax-preferred savings account to allow families to contribute $5,000 annually into an account for young children under the age of eight and include a new temporary pilot program where the federal government will contribute $1,000 to these accounts for certain children. EducationCounsel’s May 20 Alert and May 1 Alert have more details on the underlying budget reconciliation package (although those earlier summaries do not reflect the changes made to the final version of the bill). The legislation will now be considered by the Senate, which may decide to make further changes.

USED Secretary McMahon testifies before House Labor/HHS Appropriations Subcommittee on FY2026 President’s budget request for USED: On May 21, USED Secretary McMahon testified before the House Labor/HHS Appropriations Subcommittee on the FY2026 President’s budget request for USED. In her opening statement, USED Secretary McMahon emphasized that the FY2026 budget request aligns to the President’s commitment to “responsibly eliminate Federal bureaucracy and return education to the states.” During his opening remarks, House Labor/HHS Appropriations Subcommittee Chair Robert Aderholt (R-AL) commended USED Secretary McMahon for “wast[ing] no time implementing President Trump’s bold agenda to restore education to the states,” before saying he looked forward to hearing more about the Department’s increased support for charter schools and noting schools near federal military installation and under-resourced schools in rural areas should continue to be prioritized. Additionally, Chair Aderholt emphasized that there is bipartisan support for Pell Grants, while calling the federal student loan program “disastrous.” In her opening statement, House Appropriations Committee Ranking Member Rosa DeLauro (D-CT) said to the Secretary, “let me be clear with you: You will not have the partnership of Congress in your efforts to destroy the Department of Education and eliminate public education in this nation. Not on our watch.”

In her opening question, Ranking Member DeLauro went on to press USED Secretary McMahon as to whether the Department is freezing or withholding funding that Congress appropriated for mental health services for students. Ranking Member DeLauro asked pointedly whether the Secretary intends to “[appropriate funding] for mental health services for students and to obligate those funds by September 30 of this year? Or are you planning to break the law by impounding congressionally appropriated funds?” In response, USED Secretary McMahon stated, “We are going to abide by the law.” Throughout the hearing, Democratic Members mainly expressed concerns with the Trump Administration’s agenda to dismantle USED, reductions in force at USED, and terminations to USED grants and contracts, as well as emphasized the need to support public education. Republican Members primarily expressed support for school choice and returning education to states. Of note, Republican Representative Mike Simpson (R-ID) expressed opposition to the elimination of TRIO in the FY2026 President’s budget request, while Republican Representative Julia Letlow (R-LA) sought an assurance from the Secretary that Title I dollars will continue to be a source of funding for rural districts. USED Secretary McMahon responded, “Title I funding is totally intact.”

House Education and Workforce Subcommittee holds hearing on Diversity, Equity, and Inclusion (DEI): On May 21, the House Education and Workforce Subcommittee on Higher Education and Workforce Development held a hearing titled, “Restoring Excellence: The Case Against DEI.” In opening remarks, Subcommittee Chair Burgess Owens (R-UT) referred to DEI efforts as “toxic ideology” and “demeaning and racist to its core.” He claimed that DEI teaches that “surrounding social construct determines our destiny. Not effort, tenacity, grit, dreams, or character but instead our ancestry, history, and color.” Chair Owens, referring to institutions of higher education (IHEs), argued, "Despite the Supreme Court ruling against affirmative action, it appears universities are still playing semantic word games with their admissions processes. They are continuing to discriminate against students based on their race but under different names.” Subcommittee Ranking Member Alma Adams (D-NC), in her opening statement, criticized Republicans for holding this hearing and spoke about the importance of diversity noting, “that excellence and equity are not exclusive, they are inseparable.” Ranking Member Adams noted her work as a college professor and that “talent is everywhere but opportunity is not” and that DEI efforts were “trying to close the gap” and ensure the workforce “reflects the world we live in.”

In witness testimony, Dan Morenoff, Executive Director of the American Civil Rights Project claimed that colleges and universities are continuing to “broad[ly] interpret” non-discrimination laws that “should have ended” with the Supreme Court’s 2023 ruling in SFFA v. Harvard. Mr. Morenoff urged Congress to amend the Higher Education Act to ensure the accreditation process addresses this issue. Another witness, Dr. Shaun Harper, Provost and Professor of Education, Public Policy and Business at the University of Southern California, argued that the hearing was “influenced by misinformation” and “exaggerations” and noted that “rigorous studies consistently show the benefits of DEI [efforts for students].” Dr. Harper also noted that DEI is not just about race, but for “students with disabilities and veterans,” as well. Other witnesses included Renu Mukherjee, a Fellow at the Manhattan Institute, who claimed that universities “continued to engage in illegal race-based admissions” and that DEI “villainizes supposed privileged groups,” and Dr. Kurt Miceli, from Do No Harm, who argued that “DEI was compromising medicine.”

Republican members were highly critical of DEI efforts claiming they were “racist” and were attempting to “divide America” and “to hate rich people.” Several Republicans spoke about the impact of DEI programs, particularly on college and medical school admissions. Additionally, Full House Education and Workforce Committee Chair Tim Walberg (R-MI) raised “concerns” about the accreditation process in promoting DEI. Democrats were largely critical of the need for the hearing as an “attempt to distract the American people from Republican cuts.” Several Democrats, including Full Committee Ranking Member Bobby Scott (D-VA), spoke about the importance of diversity in research and the benefits of diversity for students on a college campus. Another Democratic Member argued in support of DEI initiatives because “conversations in the classroom can change prejudice.”

House Education and Workforce Subcommittee holds hearing on charter schools: On May 14, the House Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, "Reimagining Education: How Charter Schools Are Closing Gaps and Opening Doors." In opening remarks, Subcommittee Chair Kevin Kiley (R-CA), stated that, “in the last 25 years, charter schools have emerged as the single most impactful reform in American public education” that “now serve almost 3.7 million students nationwide.” Chair Kiley further argued that charters show “the healthy effects of competition…that lifts up all students” citing a report that shows “charter school students learned the equivalent of an additional six days per year and in reading added 16 days of learning” with “students in poverty [achieving] an additional 23 days of learning in reading and 17 days in math.” He also claimed that “charter schools have come under attack from certain elected officials and interest groups who are intent on keeping students trapped in failing schools” and spoke in support of H.R. 2798, the “High-Quality Charter Schools Act,” which would establish a 75% federal tax credit for charitable contributions toward the start-up costs of nonprofit charter school organizations. Subcommittee Ranking Member Suzanne Bonamici (D-OR), in her opening remarks, said that, “At their best, charter schools offer the potential for innovation, flexibility, and responsiveness to community needs.” However, Ranking Member Bonamici argued that, “At their worst, which is too often in practice, [charter schools] do not offer adequate oversight, sufficient safeguards for civil rights, and with the transparency required of traditional public schools.”

In witness testimony, Mr. David Griffith from the Fordham Institute, citing his research, argued that “charter schools are not a silver bullet, but they have demonstrated their ability to raise student achievement and improve public education systems.” Mr. Griffin recommended policies to support charter school expansion that “prioritize quality over quantity, promote transparency and accountability, and provide equitable funding.” Ms. Eva Moskowitz, in her remarks, noting her experience opening a charter school in New York City, said, “High-quality charter schools have demonstrated the potential to significantly improve student achievement, especially among disadvantaged children,” but that “demand for seats…far exceeds the supply.” She cited one-time start-up cost of opening new schools as the primary barrier and expressed support for the High-Quality Charter Schools Act, that Chair Kiley referenced. Dr. Genevieve Siegel-Hawley, in her testimony and remarks, claimed that charter schools “segment and exclude students” and have had “negative impacts on both charter and traditional public school students.” Further, she argued that, “multiple analyses show that charter schools are more segregated, on average, than already segregated traditional public schools,” and recommended “stronger federal incentives to design diverse charter schools” and that “more federal oversight of student civil rights in charter schools [is] needed.”

During Member remarks, House Education and Workforce Committee Chair Tim Walberg (R-MI) cited statistics showing that low-income students “perform so well at charter schools.” Mr. Griffith, from the Fordham Institute, responded with a study showing that “teachers in charter schools had systemically higher expectations of their students.” In addressing questions about serving lower percentages of minority students, Mr. Daryl Cobb, from the Charter School Growth Fund, cited statistics showing higher percentages of minority, English-language learners, and students with special needs enrolled at charter schools compared to traditional public schools. Representative Summer Lee (D-PA) spoke about high quality charters, but that they often “siphon” resources away from high-need schools.

House Education and Workforce Committee Ranking Member Scott hosts second forum with civil rights leaders on addressing the Trump Administration’s actions “attacking” civil rights: On May 16, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) hosted a forum titled, “How to Fight the Trump Administration’s Attacks on Students, Workers, and Families.” Addressing the participants, Ranking Member Scott called attention to President Trump’s education-related Executive Orders (EOs), which he stated, “ignore this nation’s history and the continued reality of inequitable educational opportunities…States and communities have a long history of adopting policies and practices that disproportionately and negatively impact students of color and students with disabilities.” Specifically referencing the EO to dismantle the Department of Education, Ranking Member Scott noted that the Department was “created by Congress to protect students’ civil rights,” adding that the agency, “actually does very little in education— most of its work is civil rights, guaranteeing access to education, equal access to education for students.” Ranking Member Scott concluded his remarks, emphasizing that “we need diversity, equity, inclusion, and accessibility programs” and civil rights leaders should continue to “fight back.”

House Education and Workforce Committee Ranking Member Scott requests information regarding status of students’ civil rights investigations: On May 12, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) sent a letter to USED Secretary McMahon “demanding answers” regarding recent reports that the USED Office for Civil Rights (OCR)’s recent mass layoffs resulted in pending cases being abandoned without adequate caseworkers. Ranking Member Scott references a reported January 2025 OCR backlog of over 12,000, and notes soon after, USED implemented significant reductions in force, reducing the OCR staff by half and closing seven of twelve regional offices that investigate discrimination. The letter concludes with a number of questions for Secretary McMahon, including the number of pending cases currently under investigation, whether the Department intends on refreshing its public-facing list of pending cases, and steps that the Department has taken to address the backlog in cases.

U.S. COURTS:

U.S. Supreme Court issues equally divided ruling that does not allow public funds to be used to fund religious charter schools: On May 22, the U.S. Supreme Court ruled 4-4 in Oklahoma Statewide Charter School Board v. Drummond, which considered whether public funds could be used to establish St. Isidore of Seville Catholic Virtual School, a proposed Christian charter school. Justice Amy Coney Barrett recused herself from the case, meaning that the equally divided ruling leaves the lower court’s decision in place, which in this case prohibited the school’s establishment.

Specifically, two questions were reviewed by the Court: (1) Are a privately owned and operated school’s educational decisions considered state action simply because the school has a contract with the state to provide free education to students?; and (2) Does the First Amendment’s Free Exercise Clause prohibit, or the Establishment Clause require, a state to exclude religious schools from its charter-school program? The Supreme Court issued only a one-sentence “per curiam” ruling—which does not list how each Justice voted—so the Oklahoma Supreme Court’s June 2024 decision remains: “Under Oklahoma law, a charter school is a public school. As such, a charter school must be nonsectarian. However, St. Isidore will evangelize the Catholic faith as part of its school curriculum while sponsored by the State. This State's establishment of a religious charter school violates Oklahoma statutes, the Oklahoma Constitution, and the Establishment Clause.”

Federal court issues preliminary injunction preventing Trump Administration’s dismantling of USED:

On May 22, the United States District Court for the District of Massachusetts issued a preliminary injunction blocking the Trump Administration’s efforts to dismantle and eventually eliminate USED. The court’s ruling in a consolidated lawsuit brought by a group of states, districts, nonprofits, and unions halts USED’s significant reduction in force (RIF), as well as President Trump’s March 20 Executive Order directing the Secretary of Education to “facilitate the closure” of USED. 

The ruling stated, “Defendants do acknowledge, as they must, that the Department cannot be shut down without Congress’s approval, yet they simultaneously claim that their legislative goals (obtaining Congressional approval to shut down the Department) are distinct from their administrative goals (improving efficiency). There is nothing in the record to support these contradictory positions. Not only is there no evidence that Defendants are pursuing a “legislative goal” or otherwise working with Congress to reach a resolution, but there is also no evidence that the RIF has actually made the Department more efficient. Rather, the record is replete with evidence of the opposite. Consolidated Plaintiffs have demonstrated that the Department will not be able to carry out its statutory functions—and in some cases, is already unable to do so—and Defendants have proffered no evidence to the contrary.... As fully explained below, a preliminary injunction is warranted to return the Department to the status quo such that it can comply with its statutory obligations.”

The Department is enjoined “from carrying out the reduction-in-force announced on March 11, 2025; from implementing President Trump’s March 20, 2025 Executive Order; and from carrying out the President’s March 21, 2025 Directive to transfer management of federal student loans and special education functions out of the Department.” The court also ordered the reinstatement of federal employees who were fired as part of the March 11 RIF.

The Administration is appealing the ruling to the First Circuit Court of Appeals. Unless overturned on appeal by that court or the Supreme Court, the injunction will remain in effect until the lawsuit reaches a final resolution. 

Federal court orders reinstatement of Equity Assistance Center grant: On May 21, the United States District Court for the District of Columbia issued a preliminary injunction in Southern Education Foundation (SEF) v. U.S. Department of Education, which challenges the Trump Administration’s February 13 cancellation of the Equity Assistance Center-South (EAC-South), a federally funded center based at SEF that has worked to help school districts comply with civil rights laws. The Department stated in its cancellation that the Equity Assistance Centers—established by Congress in the Civil Rights Act of 1964—“supported divisive training in DEI, Critical Race Theory, and gender identity for state and local education agencies as well as school boards.” The Court ordered the Department to reinstate the terminated grant, finding that “SEF is likely to succeed on the merits of its [Administrative Procedure Act] claims.” In his ruling, District Court Judge Paul Friedman wrote that, “In view of the history of race in America and the mission of SEF since the Civil War, the audacity of [the USED] terminating its grants based on ‘DEI’ concerns is truly breathtaking.”

Courts issue mixed ruling in ESSER late liquidation case: On May 6, a New York federal court issued a preliminary injunction in a lawsuit brought by 16 states and DC over the Trump Administration’s cancellation of late liquidation extensions approved by the Biden Administration for remaining Elementary and Secondary School Emergency Relief (ESSER) funds. The court’s order—which applies only to the plaintiff states and which will remain in place while the lawsuit proceeds to a final resolution—blocks USED from enforcing its initial funding cancellation. However, the preliminary injunction still allows USED to modify the states’ liquidation deadline so long as the agency provides at least 14 days’ notice.

On May 11, USED did exactly that, sending a letter to the plaintiffs announcing that, in compliance with the preliminary injunction, the Department was providing them 14 days notice that their original late liquidation deadline in March 2026 has been modified to May 24. Further, USED’s stated rationales—including that the states have not, in the Administration’s view, put the funds to their best and highest use—appears inconsistent with longstanding principles USED has typically applied to the consideration of late liquidation requests. 

On May 14, the plaintiffs went back to court to ask for a second injunction to block USED’s latest attempt to cancel (or dramatically shorten) the late liquidation period for these states. The plaintiffs argue that the new cancellation is unlawful for the same reasons as the initial one was, and that the court’s order should not be interpreted in this way.

Upcoming Events (Outside Organizations):

• On May 28 at 4:00 p.m., the American Enterprise Institute (AEI) will host a webinar titled, “The Hidden Beliefs That Shape Your Students: An Introduction to Primal World Beliefs.” Dr. Jeremy D. W. Clifton, Primals Project Director at the University of Pennsylvania, will present on his work, which argues that children can be psychologically harmed if taught that the world is bad and broken, suggesting that cultivating positive beliefs in school could lead to better life outcomes. Robert Pondiscio, Senior Fellow at AEI will offer introductory remarks. More information and registration are here.
• On May 29 at 9:00 a.m., the Cato Institute will host an event titled, “The State of Parental Rights, 100 Years after Pierce v. Society of Sisters.” The half-day conference will explore the idea of parental rights broadly, and a second panel will focus on school choice as it relates to the Supreme Court’s decision in Pierce. House Rule Committee Chair Virginia Foxx will provide keynote remarks, and other speakers include: Neal McCluskey, Director of the Center for Educational Freedom at the Cato Institute; Tiffany Justice, Cofounder of Moms for Liberty; and Jon Valant, Director of the Brown Center on Education Policy at the Brookings Institution, among others. More information and registration are here.
• On May 30 at 2:00 p.m., AEI will host a webinar titled, “Addressing the Attendance Crisis: New Research on Chronic Absenteeism Since the Pandemic.” Education researchers from AEI’s Chronic Absenteeism Research Working Group will present nine new studies on multiple aspects of post-pandemic chronic absenteeism in American schools. Sessions will explore where chronic absenteeism stands today, how the distribution of absences has changed over time, what absence patterns tell us, and what predicts student absences. Speakers include: Nat Malkus, Deputy Director of Education Policy Studies at AEI, Jacob Kirksey, Associate Professor of Education Policy at Texas Tech University; Jeremy Singer, Associate Director of the Detroit Partnership for Education Equity & Research at Wayne State University; and Morgan Polikoff, Professor of Education at the University of Southern California. More information and registration are here.
• On June 4 at 2:00 p.m., FutureEd will host an event titled, “How Should We Measure School Performance? A Conversation.” The event will feature a discussion on what makes a good school, and how we should measure it. Panelists will also consider accountability systems and how policymakers can build research-based measurement models to drive school improvement. Speakers include: Elaine Allensworth, Executive Director of the UChicago Consortium on School Research; Jeff Broom, Director of School Quality Measurement and Research at Chicago Public Schools; Jon Deane, CEO of GreatSchools; Denise Forte, President and CEO of EdTrust; and Lizzette Reynolds, Tennessee Commissioner of Education. More information and registration are here.

Publications (Congress & Administration):

• On May 6, the U.S. Government Accountability Office (GAO) published a report titled, “Priority Open Recommendations: Department of Education.” The GAO issues priority open recommendation reports to agencies to improve operations and save money, and tThe report followed a May 2024 GAO report that identified five priority recommendations for the USED, after which the Department implemented one of the recommendations. The report offered four new priority recommendations for USED, including improving the federal student aid system, managing financial risks associated with charter school management organizations, and protecting sensitive information. The GAO stated that the USED’s “attention to these issues could lead to significant improvements in government operations.”

Publications (Outside Organizations):

• On May 6, Consortium for School Networking (CoSN) released a report titled, “2025 State of EdTech District Leadership.” The annual survey seeks to provide a national perspective on the edtech landscape and the challenges edtech leaders face. The survey found 61% of districts typically use general funds to pay for their cybersecurity efforts, and 94% of edtech leaders see AI’s potential for positive impact in education.
• On May 16, the Century Foundation published a report titled, “How HBCUs Have Grown Their Graduate Offerings and Why It Matters.” The report studies the recent growth of graduate programs at HBCUs and the effects that investments in those colleges and universities might have on graduate programs. The analysis found that HBCU graduate students are more likely to borrow using Graduate PLUS loans, though they generally carrying smaller loan balances. The report also argues that investments to support substantial program growth and funding for HBCU graduate students will benefit the economy.
• On May 20, Urban Institute released a report titled, “Changes to SNAP Could Reduce Student Access to Free School Meals.” The report, which seeks to calculate the number of students who could lose access to SNAP and direct certification status, found that 4 million school-age children would lose access to SNAP if budget reconciliation proposals on time and work requirements, Broad-Based Categorical Eligibility, and benefit cost share are all passed.
• On May 20, the National Women’s Law Center released a resource titled, “Decision Point: State Child Care Assistance Policies 2024.” The analysis studied state child care policies across the country, finding that between 2023 and 2024, eight states increased their income limits for child care assistance by a dollar amount that exceeded inflation. The resource also showed that in 2024, there were approximately 13,000 more children on child care waiting lists than in 2023.  Additionally, over half of states increased at least some of their payment rates between 2023 and 2024 for providers serving families receiving child care assistance.
• In May, Child Care Aware of America published a report titled, “Child Care in America: 2024 Price & Supply.” The annual child care landscape analysis found an increase in the number of child care centers from 2023 to 2024, continuing a trend that began in 2020. The number of family child care homes also increased, reversing a downward trend that had existed for several years. The report also found that the average price of child care for 2024 was $13,128, which is significantly more than the current HHS regulation that child care should not cost families receiving federal child care subsidies more than 7% of their annual income.

Legislation:

Introduced in the House of Representatives:

H.R. 3345

A bill to abolish the Department of Education, and for other purposes.
Sponsor: Rep. Clay Higgins (R-LA)

H.R. 3367

A bill to amend the Child Nutrition Act of 1966 to clarify the availability and appropriateness of training for local food service personnel, and for other purposes.
Sponsor: Rep. Mark Pocan (D-WI)

H.R. 3430

A bill to amend the Elementary and Secondary Education Act of 1965 to require maintenance of State funds for school resource officers in elementary schools and secondary schools, and for other purposes.
Sponsor: Rep. Jack Bergman (R-MI)

H.R. 3453

A bill to modify the program of grants to support high-quality charter schools.
Sponsor: Rep. Julia Letlow (R-LA)

H.R. 3460

A bill to prohibit employment discrimination against whistleblowers reporting AI security vulnerabilities or AI violations, and for other purposes.
Sponsor: Rep. Jay Obernolte (R-CA)

H.R. 3508

A bill to provide targeted funding for States and other eligible entities through the Social Services Block Grant program to address the increased burden that maintaining the health and hygiene of infants and toddlers, medically complex children, and low-income adults or adults with disabilities who rely on adult incontinence materials and supplies place on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers and diapering supplies, and for other purposes.
Sponsor: Rep. Rosa DeLauro (D-CT)

H.R. 3510

A bill to direct the Secretary of Education to establish a grant program to assist with the cost of suicide prevention software for use in elementary schools and secondary schools, and for other purposes.
Sponsor: Rep. Josh Gottheimer (D-NJ)

H.R. 3511

A bill to amend the Public Health Service Act to direct the Assistant Secretary for Mental Health and Substance Use to establish a grant program for certain undergraduate or graduate students who agree to work as school psychologists, and for other purposes.
Sponsor: Rep. Josh Gottheimer (D-NJ)

H.R. 3518

A bill to amend the Higher Education Act of 1965 to prohibit graduate medical schools from receiving Federal financial assistance if such schools adopt certain policies and requirements relating to diversity, equity, and inclusion.
Sponsor: Rep. Gregory Murphy (R-NC)

H.R. 3519

A bill to amend the Internal Revenue Code of 1986 to allow a credit against tax for charitable donations to nonprofit organizations providing education scholarships to qualified elementary and secondary students.
Sponsor: Rep. Burgess Owens (R-UT)

H.R. 3534

A bill to establish the Mental Health in Schools Excellence Program to increase the recruitment and retention of school-based mental health services providers, and for other purposes.
Sponsor: Rep. Brian Fitzpatrick (R-PA)

H.R. 3541

A bill to provide for a grant program to support access to free eye care services for students attending public elementary schools and secondary schools.
Sponsor: Rep. Jahana Hayes (D-CT)

H.R. 3543

A bill to amend the Higher Education Act of 1965 to ensure College for All.
Sponsor: Rep. Pramila Jayapal (D-WA)

H.R. 3551

A bill to authorize the Secretary of Education to award grants to eligible entities to carry out educational programs that include the history of peoples of Asian, Native Hawaiian, and Pacific Islander descent in the settling and founding of America, the social, economic, and political environments that led to the development of discriminatory laws targeting Asians, Native Hawaiians, and Pacific Islanders and their relation to current events, and the impact and contributions of Asian Americans, Native Hawaiians, and Pacific Islanders to the development and enhancement of American life, United States history, literature, the economy, politics, body of laws, and culture, and for other purposes.
Sponsor: Rep. Grace Meng (D-NY)

H.R. 3567

A bill to amend the Elementary and Secondary Education Act of 1965 to create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate.
Sponsor: Rep. Linda Sanchez (D-CA)

H.Res. 422

A resolution expressing support for recognizing the month of May as "Excellence in Education: Merit Day Celebration".
Sponsor: Rep. Burgess Owens (R-UT)

Introduced in the Senate:

S. 1723

A bill to support the creation and implementation of State policies, as well as the expansion of existing State policies, for improving the quality and affordability of charter school facilities and to authorize the provision of technical assistance that will support the growth and expansion of high-quality charter schools.
Sponsor: Sen. Bill Cassidy (R-LA)

S. 1738

A bill to amend the Higher Education Act of 1965 to prohibit institutions of higher education from receiving gifts from or entering into contracts with foreign countries of concern.
Sponsor: Sen. Dan Sullivan (R-AK)

S. 1745

A bill to repeal certain provisions of the CHIPS Act of 2022 and the Research and Development, Competition, and Innovation Act, to limit Federal mandates imposed on entities seeking Federal funds, and for other purposes.
Sponsor: Sen. Tom Cotton (R-AR)

S. 1764

A bill to suspend and reform the authority under the Higher Education Act of 1965 for the Secretary of Education to carry out an administrative wage garnishment program.
Sponsor: Sen. Cory Booker (D-NJ)

S. 1795

A bill to modify the program of grants to support high-quality charter schools.
Sponsor: Sen. John Cornyn (R-TX)

S. 1810

A bill to amend the Internal Revenue Code of 1986 to allow a credit against tax for charitable donations to nonprofit organizations providing education scholarships to qualified elementary and secondary students.
Sponsor: Sen. Ted Cruz (R-TX)

S. 1811

A bill to amend the Higher Education Act of 1965 to prohibit graduate medical schools from receiving Federal financial assistance if such schools adopt certain policies and requirements relating to diversity, equity, and inclusion.
Sponsor: Sen. John Kennedy (R-LA)

S. 1815

A bill to provide targeted funding for States and other eligible entities through the Social Services Block Grant program to address the increased burden that maintaining the health and hygiene of infants and toddlers, medically complex children, and low-income adults or adults with disabilities who rely on adult incontinence materials and supplies place on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers and diapering supplies, and for other purposes.
Sponsor: Sen. Tammy Duckworth (D-IL)

S. 1832

A bill to amend the Higher Education Act of 1965 to ensure College for All.
Sponsor: Sen. Bernie Sanders (I-VT)

S. 1844

A bill to authorize the Secretary of Education to award grants to eligible entities to carry out educational programs that include the history of peoples of Asian, Native Hawaiian, and Pacific Islander descent in the settling and founding of America, the social, economic, and political environments that led to the development of discriminatory laws targeting Asians, Native Hawaiians, and Pacific Islanders and their relation to current events, and the impact and contributions of Asian Americans, Native Hawaiians, and Pacific Islanders to the development and enhancement of American life, United States history, literature, the economy, politics, body of laws, and culture, and for other purposes.
Sponsor: Sen. Mazie Hirono (D-HI)

S. 1845

A bill to amend the public service loan forgiveness program under the Higher Education Act of 1965 to ensure qualifying public service excludes employment with organizations that engage in activities that have a substantial illegal purpose.
Sponsor: Sen. Jim Banks (R-IN)

S. 1863

A bill to amend section 455(m) of the Higher Education Act of 1965 to modify the eligibility requirements of the public service loan forgiveness program for certain members of the Armed Forces, the National Guard, and the commissioned corps of the National Oceanic and Atmospheric Administration, and for other purposes.
Sponsor: Sen. Richard Blumenthal (D-CT)

S. 1895

A bill to establish the Mental Health Excellence in Schools Program to increase the recruitment and retention of school-based mental health service providers, and for other purposes.
Sponsor: Sen. Todd Young (R-IN)

S. 1897

A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish the Adverse Childhood Experiences Response Team grant program, and for other purposes.
Sponsor: Sen. Jeanne Shaheen (D-NH)

S.Res. 238

A resolution congratulating the students, parents, teachers, and leaders of charter schools across the United States for making ongoing contributions to education and supporting the ideals and goals of the 26th Annual National Charter Schools Week, to be held May 11 through May 17, 2025.
Sponsor: Sen. Tim Scott (R-SC)

S.Res. 240

A resolution affirming that diversity, equity, inclusion, and accessibility are fundamental values of the United States and emphasizing the ongoing need to address discrimination and inequality in the workplace, pre-K through 12th grade and higher education systems, government programs, the military, and our society.
Sponsor: Sen. Mazie Hirono (D-HI)

S. 251

A resolution supporting the designation of May 4 through May 10, 2025, as "Children's Mental Health Awareness Week".
Sponsor: Sen. Jon Husted (R-OH)