Sept. 22, 2025
The information covered below is from September 5, 2025, through September 18, 2025.
Highlights:
Administration
White House:
President Trump highlights Administration’s education agenda at Religious Liberty Commission meeting: On September 8, President Trump opened the second meeting of the Religious Liberty Commission with remarks emphasizing the role of faith in his Administration’s agenda, including an announcement of forthcoming guidance around religious expression in public schools (which will revise guidance issued during the Biden Administration). Other speakers throughout the day highlighted the Administration’s efforts to expand school vouchers, investigations of alleged antisemitism in K-12 and higher education institutions, and religious objections to COVID protocols and LGBTQ+ affirming curriculum content and school policies. The same day, the White House announced the “America Prays” initiative ahead of the 250th anniversary of the nation’s founding.
U.S. Department of Education (USED):
USED ends FY25 Discretionary Funding to Minority-Serving Institutions (MSIs) grant programs: On September 10, USED announced that it would end discretionary funding to several MSIs grant programs. According to USED, these programs authorized by Congress in the Higher Education Act (HEA) “discriminate by conferring government benefits exclusively to institutions that meet racial or ethnic quotas.” USED’s funding actions follow the U.S. Department of Justice (DOJ)’s July decision not to defend the legality of Hispanic-Serving Institutions (HSI) programs in a lawsuit brought by the state of Tennessee. USED expanded on this position to say that all MSI programs “have similar issues” as HSIs, and the Department would “us[e] its statutory authority” to instead reprogram the discretionary grant funds. Additionally, the announcement noted that several MSI programs would continue to receive mandatory funding as those funds are required to be appropriated by statute and USED does not have discretion over those funds.
The following MSI programs will no longer receive approximately $350 million remaining in FY2025 funds:
Regarding the reprogramming of funding, USED then announced on September 15, that it would reprogram the above remaining funding, as well as an additional $145 million, to provide a one-time funding supplement of $495 million to Historically Black Colleges and Universities (HBCUs) and Tribally Controlled Colleges and Universities (TCCUs). The additional funds were cut from International and Foreign Language Education programs ($85 million) and the Teacher Quality Partnership grants program ($59 million).
USED reprograms FY25 funds to increase funding for charters and civics: In the same September 15 announcement about the HBCU/TCCU reprogramming of funding, USED also announced that it has cut additional FY2025 funds from a set of USED grant programs to provide more funding to two of the Administration’s priorities: civics education and school choice (in this case, meaning charter schools). Specifically, USED is reprogramming the following funding:
USED ends FY25 funding to some special education discretionary grants: According to reporting by EducationWeek, on September 5, USED notified 25 grantees it will not continue funding their Individuals with Disabilities Education Act (IDEA), Part D grants, impacting $14.8 million in anticipated funding for special education national activities in FY2026. The non-continuation notices cited language from grantee applications that referenced concepts related to diversity, equity, inclusion, and accessibility (DEIA) in programmatic or organizational activities, such as staff professional development. According to a table of justifications included in EducationWeek’s reporting, USED’s rationale for discontinuing included statements that grant activities “may conflict with the Department’s policy of prioritizing merit, fairness, and excellence in education” and, in at least one case, “violate the letter or purpose of Federal civil rights law.” Affected grantees were provided seven days to file an appeal.
USED issues new guidance to chief state school officers regarding flexibility in certain federal funds: On September 17, USED sent a letter to chief state schools officers to describe existing waiver authorities under the Elementary and Secondary Education Act of 1965 (ESEA), which allow for increased state and local flexibility. The letter describes the Educational Flexibility (ED-Flex) Program, which was first authorized through the Education Flexibility Partnership Act of 1999 and reauthorized in the Every Student Succeeds Act of 2015 (ESSA). State Education Agencies (SEAs) can apply to become ED-Flex states at any time, allowing states to waive certain requirements of certain federal education programs “in exchange for enhanced accountability of the performance of students.” Provisions that can be waived include: Title I, Parts A, C, and D; Title II, Part A; Title IV, Part A; and provisions from the Carl D. Perkins Career and Technical Education Act of 2006. The letter includes 11 states that currently have ED-Flex authority, which they most commonly use to allow a local educational agencies (LEAs) to carry over Title I funds across fiscal years, and to allow LEAs flexibility regarding the mandatory spending minimums in certain parts of their Student Support and Academic Enrichment Grants. When a state is granted ED-Flex authority (which can be granted for up to five years), SEAs can grant waivers to LEAs that apply, as well. The letter includes information on requirements that SEAs cannot waive, including ESSA’s standards, assessments, and accountability requirements, among others.
USED finalizes three supplemental grant priorities and proposes one new priority: On September 9, USED published final regulations for three supplemental grant priorities that can be incorporated in the design of the agency’s competitive grant programs, as opposed to formula-funded programs. The three supplemental grant priorities of the Secretary of Education, which have initially been finalized, include “Promoting Evidence-Based Literacy,” “Expanding Education Choice,” and “Returning Education to the States.” A fourth priority of the Secretary of Education regarding “Advancing Artificial Intelligence in Education,” was proposed in July 2025, and has not yet been finalized.
On September 17, USED announced it was proposing a fifth priority, “Promoting Patriotic Education.” This proposed priority for competitive grant programs would allow grant funding to be focused on “promot[ing] a patriotic education that cultivates citizen competency and informed patriotism … and communicates the American political tradition to students at all levels.” The proposal also includes definitions for “patriotic education” and “American political tradition.” Public comments can be submitted until October 17, 2025.
The three finalized priorities are already being used in new grant competitions. On September 11, USED announced two new competitions for the Education Innovation and Research (EIR) grant program: expansion grants and mid-phase grants. Both incorporate an absolute priority for evidence-based literacy instruction and two competitive preference priorities, one for state-led proposals and one drawn from the list of options under the education choice priority, namely “expand[ing] access to education services that accelerate learning such as high-impact tutoring.”
For more on this topic in general and the five priorities in particular, see our updated Deep Dive.
USED Secretary McMahon issues recommendations for leaders of institutions of higher education (IHEs), while speaking at Hillsdale College: On September 8, USED Secretary Linda McMahon spoke at Hillsdale College on the topic of leadership at IHEs. During her speech, Secretary McMahon outlined four recommendations for IHEs, including the need to: (1) prioritize personal growth of students; (2) seek and serve the truth; (3) preserve and defend civilization; and (4) model intellectual leadership and produce future thinkers and leaders. More specifically, the Secretary stated, “I have four straightforward recommendations for how these leaders can make their institutions attractive to students again…First, university leaders must prioritize their student’s growth, even when it makes them uncomfortable… And this should begin in the admissions office, where the requirements should be rigorous, selective, and completely merit-based. Classes should be challenging and make no apologies or accommodations. They should be connected to the real world, mixing practical career skills with big-picture insights…My second recommendation: university leaders should value free enquiry once again, and restore truth as the highest good…Censorship and its chilling effect on free speech have no place on campus…Third, college leaders must once more treat their institutions as repositories of our civilizational inheritance…Fourth and finally, university leaders must embrace their role as public intellectuals directing institutions that can transform society…”
USED announces coalition around civics education: On September 17, USED announced the launch of the America 250 Civics Education Coalition, “dedicated to renewing patriotism, strengthening civic knowledge, and advancing a shared understanding of America’s founding principles in schools across the nation.” The coalition includes more than 40 leading national and state-based organizations, co-led by the America First Policy Institute (AFPI), Turning Point USA, and Hillsdale College. In its first roundtable held on September 17, the coalition described a “robust” programming agenda that will feature events on college campuses, including a “Fundamental Liberties College Speaker Series” and a 50-state speaking tour.
National Center for Education Statistics (NCES) releases 2024 National Assessment for Educational Progress (NAEP) scores, showing declines across science, mathematics, and reading: On September 9, NCES released the results from the 2024 NAEP scores for eighth grade science and twelfth grade mathematics and reading, which across the board were lower than 2019 NAEP scores. In its press release announcing the results, NCES specifically called attention to the decrease in scores of the lowest quartile of learners, which were the most significant decreases. In eighth grade science, 31% of students performed at or above the NAEP Proficient achievement level in 2024, which was four percentage points lower than in 2019, but not significantly different from 2009. In twelfth grade mathematics, 22% of students performed at or above the NAEP Proficient achievement level in 2024, which was two percentage points lower than in 2019, but not significantly different from the percentage in 2005. In twelfth grade reading, 35% of students performed at or above the NAEP Proficient achievement level in 2024, which was two percentage points lower than in 2019 and five percentage points lower than in 1992.
USED Secretary McMahon issued a statement following the results’ stating, “Today’s NAEP results confirm a devastating trend: American students are testing at historic lows across all of K-12…Despite spending billions annually on numerous K-12 programs, the achievement gap is widening, and more high school seniors are performing below the basic benchmark in math and reading than ever before.” Secretary McMahon went on to say, “The lesson is clear. Success isn’t about how much money we spend, but who controls the money and where that money is invested. That’s why President Trump and I are committed to returning control of education to the states so they can innovate and meet each school and students’ unique needs.”
USED and the U.S. Department of Labor (DOL) to integrate education and workforce systems through staff detail, integrated state plan portal, and centralizing program funds: On September 8, USED and DOL announced the launch of a new state plan portal to “streamline federal workforce development programs and allow [US]ED and DOL to administer core Workforce Innovation and Opportunity Act (WIOA) programs.” In its press release, USED stated that some USED staff will be detailed to DOL to administer these programs. USED also noted these actions aim to position DOL as the “centralized hub for federal workforce programs,” referencing the agencies’ May Interagency Agreement (IAA) describing USED’s transfer of some workforce development programs to DOL.
USED's Office of Federal Student Aid (FSA) announces expansion of Office of the Ombudsman to increase transparency for student borrowers and new manual with information on student loans: On September 5, USED's FSA announced an expansion of the mission and work of FSA's Office of the Ombudsman beyond its current focus on resolving borrower complaints to take on a proactive approach to improve financial literacy among students, parents, and borrowers. Commenting on the expansion, Under Secretary of Education Nicholas Kent said, “This change marks a shift toward earlier and more comprehensive engagement with families, ensuring they understand both the opportunities and potential risks of taking on federal student debt before they borrow." Additionally, FSA announced that the Office of Consumer Education and Ombudsman will develop a centralized Common Manual for servicing and collection practices and policies under the William D. Ford Federal Direct Loan Program. The Common Manual aims to be a centralized, public-facing resource to improve clarity and transparency for borrowers and ensure servicers and collectors provide accurate, timely, and reliable information to all borrowers; reduce confusion caused by inconsistent guidance across servicers; and reduce the need for expensive, one-off change requests that disrupt operations and frustrate borrowers.
U.S. Department of Justice (DOJ):
DOJ weighs in on parental rights in education: On September 9, DOJ issued a memo to federal prosecutors and the Federal Bureau of Investigation (FBI) titled, “Upholding Constitutional Rights and Parental Authority in America’s Education System.” The memo summarizes what Unites States Attorney General Pam Bondi characterizes as “disturbing trend[s]” in the way K-12 public school systems have interacted with parents in recent years. Through the memo, the Attorney General also directs DOJ’s Civil Rights Division to “be alert to violations of parental rights and First Amendment liberties in educational settings” and U.S. Attorneys “to work with federal, state, and local partners to identify and respond to credible threats against parents and violations of their federal rights.”
U.S. Department of Health and Human Services (HHS):
HHS revises grant rules, while USED revises website guidance for grantees: For the third time this year, HHS released a new Grants Policy Statement, which goes into effect on October 1, 2025. Consistent with the “Improving Oversight of Federal Grantmaking” Executive Order (EO), HHS’s revised policy includes new language clarifying that grants can be terminated “if an award no longer effectuates…agency priorities,” and only specifies appeals rights for grants terminated for non-compliance. The policy also adds “agency priorities” to the list of factors used to make decisions about continuation funding for grants, replacing the “best interests of the federal government” factor listed previously.
Additionally, the policy adds new required assurances for grantees, including compliance with the “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” EO, and explicitly ties any violation of the terms to potential liability under the False Claims Act. The new policy applies to all sub-agencies that administer HHS awards, including the Administration for Children and Families, which recently made changes to its own grant Terms and Conditions.
Note that USED’s grant terms and conditions are generally governed by the Education Department General Administrative Regulations (EDGAR), but USED has not initiated any changes to EDGAR nor announced how it will implement the grantmaking EO. However, it has updated its “Department Grant Discontinuation and Termination Processes” website, which now explains that grants may be terminated if they conflict with the priorities of the current Administration, or not continued (in the case of a multi-year grant that is renewed each year) if they are not “in the best interest of the Federal Government.” The website also specifies that grantees have 30 days to appeal terminated grants, while the timeline for appealing discontinued grants is dependent on the number of days specified in the discontinuation letter sent by USED to the affected grantee.
Administration for Children and Families (ACF) releases new statement on mission, values, and priorities: On September 16, ACF released a statement of its mission, vision, values, priorities, and guiding principles that align with the Make America Healthy Again initiative. The announcement states that ACF will focus on “enhancing oversight mechanisms,” “reinforcing fiscal responsibility,” and aligning future investments with agency priorities. The following summarizes the priorities:
Notably, some of these priorities are currently the subject of active litigation, including the Administration's efforts on DEI as well as their efforts to reinterpret the provisions of PRWORA. (See our recent Deep Dive, “Who Benefits?” for more information on this topic.)
Congress
House passes short-term continuing resolution through November 21: On September 19, the House passed by a vote of 217-212, H.R. 5371, a short-term continuing resolution (CR) to extend federal funding through November 21, 2025. A section-by-section summary of the bill is here. The vote was mainly along party lines with two Republicans – Representatives Thomas Massie (R-KY) and Victoria Spartz (R-IN) – opposing the CR, while Democratic Representative Jared Golden (D-ME) supported the resolution. On the same day, the Senate rejected a vote on the House-passed CR and an alternative version drafted by Senate Democrats. Federal funding must be extended by September 30 or there will be a shutdown.
Democratic Appropriations Committee leaders issue tracker on impact on cancelled and frozen federal funds: On September 8, Senate Appropriations Committee Ranking Member Patty Murray (D-WA) and House Appropriations Ranking Member Rosa DeLauro (D-CT) issued a tracker detailing at least $410 billion in federal funding that the Trump Administration has cancelled or frozen, including funding for education and research. The tracker includes several grant programs impacting education. In their statement announcing the tracker, which was updated from a previously-released version, Ranking Member Murray and Ranking Member DeLauro expressed urgency and concern: “Children in elementary schools have been denied resources they need to succeed…and communities have been robbed of resources to keep people safe.”
Senate:
Senate Commerce Subcommittee Committee holds hearing on Trump Administration’s AI Action Plan: On September 10, the Senate Commerce Subcommittee on Science, Manufacturing and Competitiveness held a hearing titled, “AI’ve Got a Plan: America’s AI Action Plan,” which focused on the Trump Administration’s artificial intelligence (AI) strategy: Winning the Race: America’s AI Action Plan. The plan emphasizes the need for accelerated development and deployment of American AI products. The hearing also covered legislative actions to help “foster AI innovation by preventing overregulation, streamline the development of American AI infrastructure, and strengthen U.S. leadership on the global stage.” The hearing heard from one witness, Michael Kratsios, the Director of the White House Office of Science and Technology Policy.
In opening remarks, Subcommittee Chair Ted Budd (R-NC) praised the Administration’s action plan and stated, “If developed, deployed, and employed properly, AI stands to enable Americans to make the most and the best of themselves on a daily basis. We must ensure that our AI policy is anchored in maximizing economic opportunity for Americans.” He pledged to work “collaboratively between the Trump Administration and Congress to accelerate AI innovation, build American AI infrastructure, and lead internationally in cooperation with allies and partners.” In her remarks, Ranking Member Tammy Baldwin (D-WI) advocated for “clear guardrails” and was critical of the Trump Administration’s cuts to research and science, including $800 million in National Science Foundation grants, $8.9 billion in National Institutes of Health grants, and education grants.
Full Committee Chair Ted Cruz (R-TX), in his remarks and comments said, “How policymakers approach the issue of regulating artificial intelligence is one of the most important questions of our time. AI is transformative.” Chair Cruz highlighted the recent release of his “legislative framework for AI” that includes “streamlined permitting for AI infrastructure,” protections for free speech, and limits on state-level regulation of AI to “prevent a patchwork of burdensome AI regulation, including often-conflicting state AI regulations.” (See more on Chair Cruz’s legislative framework below.)
OSTP Director Kratsios, in his testimony and comments, argued that, “the President recommitted himself to the U.S. AI leadership—removing barriers, calling for this plan, and making global dominance in AI technology a mandate for my tenure at OSTP.” He went on to note that the need for renewed effort is clear, saying, “While in 2020, the American innovation enterprise held a comfortable lead in AI over our closest competitors, by 2024 the gap had begun to close significantly. We stood in danger of losing our preeminence in this critical technology.” He also highlighted several Executive Orders on AI. In questions, Republican Senators were supportive of the Administration’s action plan and less regulation over AI. Democratic Senators generally argued for more guardrails and protections.
Senate HELP Committee holds hearing on “State of K-12 Education": On September 18, the Senate Health, Education, Labor, and Pensions held a hearing titled, “The State of K-12 Education” to examine, as described by Chair Bill Cassidy (R-LA), the “troubling state of K-12 education” and a particular focus on the most recent National Assessment of Educational Progress (NAEP) scores. The Committee heard from five witnesses: Dr. Eric Hanushek, a Senior Fellow at the Hoover Institution at Stanford University; Dr. Katie Jenner, the Secretary of Education in Indiana; Dr. Marty West, Vice Chair of the National Assessment Governing Board (NAGB); Dr. Scott Muri, Superintendent Emeritus at the Ector County Independent School District in Orlando, FL; and Dr. Rebecca Winthrop, the Director of the Center for Universal Education at the Brookings Institution.
In opening remarks, Chair Cassidy, commenting on the NAEP scores, claimed, “The lesson is clear: success in education is not determined by how much we spend, but by who makes the decision and how wisely resources are directed. When states and local communities are empowered to tailor solutions to meet the unique needs of students, innovation follows.” He continued, focusing on his support for choice and for dismantling USED, that “parents, not Washington bureaucrats, know their child best. So, it should be the parents making the decisions regarding their child’s education. [And] school choice empowers parents to free children from failing schools and give them the best education possible.” In response, Committee Ranking Member Bernie Sanders (I-VT) urged the committee to focus on “the conditions under which our children are living” citing “millions of families that are struggling to put food on the table, to pay the rent, kids who are growing up in dysfunctional families.” Ranking Member Sanders added “we have got to understand education is important — that means prioritize our children, prioritize our educators.”
Among hearing witnesses, Dr. West, Vice Chair of the NAGB, which sets policy for NAEP, noted in his comments that, “Nationally, achievement fell significantly across every grade and subject assessed, and for nearly every student group, over this stretch. The declines are geographically pervasive.” West added that the NAEP scores show, “intensifying inequality: The declines have been greatest for our lowest-performing students” In terms of declining achievement scores, West commented, “If the pandemic accelerated declines, but did not start them, researchers and policymakers should seek to understand what is at the root of the problem,” and cited “the rise of smartphones and social media” and “chronic absenteeism” as potential causes.
Dr. Jenner, the Indiana Education Secretary, in her remarks, spoke about her priorities in Indiana and specifically mentioned the state’s waiver application for certain requirements and provisions under the Elementary and Secondary Education Act (ESEA). Dr. Jenner claimed, “Too much time and too many dollars are currently tied up in duplicative reporting and compliance tasks that do little to help a child learn to read, master numeracy skills, or prepare for life after graduation. Indiana is requesting this waiver to reduce paperwork and bureaucracy so that more resources flow directly to classrooms and student support.”
Senate Commerce Committee Chair Cruz releases legislation and framework for regulating artificial intelligence (AI): On September 10, Senate Commerce Committee Chair Ted Cruz (R-TX) released S. 2750, the “Strengthening Artificial Intelligence Normalization and Diffusion By Oversight and eXperimentation Act (SANDBOX) Act,” which would require the White House Director of the Office of Science and Technology Policy (OSTP) to establish a federal regulatory “sandbox program” for AI. The sandbox program, as Chair Cruz describes it, would allow OSTP and federal agencies to grant two-year waivers of federal regulations to AI developers to test and experiment with AI products and services. The bill includes requirements for federal agency oversight and annual reports to Congress regarding the frequency and use of waivers. Chair Cruz also released a framework for “light-touch” regulatory action, which includes five pillars: (1) Unleash American Innovation and Long-Term Growth; (2) Protect Free Speech in the Age of AI; (3) Prevent a Patchwork of Burdensome AI Regulation; (4) Stop Nefarious Use of AI Against Americans; and (5) Defend Human Value and Dignity. Announcing the bill, Chair Cruz stated that the bill would “encourage American ingenuity, improve transparency in lawmaking, and ultimately lead to safe, long-term AI usage domestically.”
House of Representatives:
House Appropriations Committee approves FY2026 Labor/HHS bill: On September 9, the House Appropriations Committee approved by a party-line vote of 35-28 the FY2026 Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations bill. The bill, which was drafted solely by Committee Republicans, matched the funding amount of President Trump’s budget request for USED at $66.7 billion, a reduction of $12 billion or 15% below the FY2025 level. Separate summaries of the bill were drafted by Committee Republicans and by Committee Democrats.
Below are some of the proposed funding levels for USED overall and for key early learning, K-12, and higher education programs in the FY2026 House Labor/HHS bill:
Early Childhood Education:
Child Care and Development Block Grant (CCDBG) - $8.7 billion, which is the same as the FY2025 level, $85 million below the Senate’s bill, and the same as the President’s budget request.
Head Start - $12.3 billion, which is the same as the FY2025 level, $85 million below the Senate’s bill, and the same as the President’s budget request.
Preschool Development Grant Birth through Five (PDG B-5) program - The House bill proposes to eliminate the PDG B-5 programs, consistent with the President’s budget request, and $315 million below the Senate’s bill, which is the same as the FY2025 level.
K-12 Education:
Title I - $13.7 billion, a $4.7 billion decrease below the FY2025 level and the President’s budget request, and $4.8 billion below the Senate’s bill, which proposes a $50 million increase above the FY2025 level. The FY2026 House bill, similarly to the Senate’s bill, also rejects the President’s budget request to create a K-12 Simplified Funding Program, which would have consolidated 18 Every Student Succeeds Act (ESSA) programs.
The House bill proposes eliminating certain programs – including Title II Supporting Effective Instruction State grants, Title III English Language Acquisition, and State Assessments – which the Senate proposed level funding. This is not intended to be a comprehensive list. Notably, the elimination of funding for the State Assessments program would mean states would not be required to administer annual statewide assessments.
Student Financial Assistance:
Pell Grants - Maintains the maximum Pell Grant award at the FY2025 level of $7,395, consistent with the Senate’s bill, and rejecting the President’s budget request which proposed to decrease the maximum Pell Grant award to $5,710.
Federal Work-Study - $779 million, a $451 million decrease from the Senate’s bill, which maintained funding at FY2024 level. The President’s budget request proposed $250 million, a $980 million decrease from current levels.
Supplemental Educational Opportunity Grant (SEOG) - The House bill proposes the elimination of SEOG, consistent with the President’s budget request. The Senate bill proposes level-funding this program at $910 million.
Other Education Programs:
Institute for Education Sciences - $740 million, which is a $53 million decrease below the FY2025 level. The Senate bill proposed level-funding of IES at $793 million, while the President’s budget request proposed $261.3 million.
Office for Civil Rights - $91 million, which is a $49 million decrease below the FY2025 level and consistent with the President’s budget request. The Senate’s bill proposed $140 million, which is the same as the FY2025 level.
The House bill also included several policy riders related to education. These include, but are not limited to, the following: preventing policies or programs intended to promote diversity, equity, or inclusion; blocking funding from going toward efforts related to critical race theory; and blocking federal funds from an “educational institution” that allows transgender girls and women to compete in athletic programs or activities. The bill would also block USED from implementing a final rule to prevent sex discrimination and sex-based harassment at schools or issuing a final rule to clarify policies about athletics participation. Additionally, the bill would block USED from implementing regulations finalized in the Biden Administration related to postsecondary financial value transparency, gainful employment, student loan forgiveness, and income-driven repayment plans.
House Education and Workforce Subcommittee holds hearing on making college costs more transparent: On September 16, the House Education and Workforce Subcommittee on Higher Education and Workforce Development held a hearing titled, “No More Surprises: Reforming College Pricing for Students and Families.” The Subcommittee heard from four witnesses: Justin Draeger, Senior Vice President for Affordability at the Strada Education Foundation; Lee Wishing III, Vice President for Student Recruitment and Chief Marketing Officer at Grove City College; Amy Laitinen, Senior Director of Higher Education at New America; and Dr. Andrew Gillen, Research Fellow at the Cato Institute.
In his opening statement, Subcommittee Chair Burgess Owens (R-UT) called attention to the “consequence of [the] lack of transparency” of the cost of postsecondary education, including lower student retention rates, high student debt rates, and defaulted loans. Subcommittee Chair Owens highlighted Republican legislative proposals to address these challenges, including standardizing financial aid offers and developing net price calculators to increase information and transparency for students and families. Ranking Member Alma Adams (D-NC) similarly called for increased transparency around pricing, but used her opening remarks to criticize the recently-passed Republican budget reconciliation bill that she asserted, “Push students toward the predatory private loan market by eliminating Graduate PLUS loans, capping Parent PLUS loans, and limiting access to Pell Grants.” Ranking Member Adams also expressed concern over the recent reductions in force at USED, which she stated has led to “disruptions in colleges’ abilities to calculate their own financial aid offers.”
In his testimony, Mr. Draeger emphasized three key components of price transparency that families aren’t receiving: “an all-in price as early as possible, guarantees that it won’t change, and a straightforward sense of return on their investment.” Raising actions that Congress and institutions can take to increase transparency, Mr. Draeger explained how information can be more standardized and payment processes can be simplified, which could lead to the rebuilding of trust between institutions and students. Ms. Laitinen, in her testimony, expressed support for the bipartisan College Transparency Act (CTA), which would help students better see the value of their investment in postsecondary education. Ms. Laitinen also underscored the importance of USED’s regulations on Financial Value Transparency (FVT) and Gainful Employment (GE), urging Congress to “go further” to protect students from “risky undergraduate certificate programs and protect students from programs with unaffordable debt.”
House Oversight Subcommittee holds hearing to highlight expanded school choice and alternatives to four-year college degrees: On September 17, the House Oversight Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs held a hearing titled, “Opening Doors to Opportunity: The Promise of Expanded School Choice and Alternatives to Four-Year College Degrees.” The Subcommittee heard from five witnesses: Shaka Mitchell, Senior Fellow, American Federation for Children; Dr. Cody Hirschi, Superintendent, Reeds Spring School District; Todd Dillender, Chief Operating Officer, Caliber Collision Centers; Rachel Greszler, Economic Policy Innovation Center, The Heritage Foundation; and Stephanie Vanos, School Board Member, District 6 Orange County Public Schools (Florida).
In his opening remarks, Subcommittee Chair Eric Burlison (R-MO) highlighted the benefits of school choice programs on academic success, in particular calling attention to tax credits incentivizing the funding of scholarships (or school vouchers) included in the One Big, Beautiful Bill Act (OBBBA) – also known as the Working Families Tax Cuts Act. Additionally, Subcommittee Chair Burlison described the importance of careers in the trades as vital and offering high-paying jobs and opportunities across the nation. Subcommittee Ranking Member Maxwell Frost (D-FL) used his opening remarks to express that, “every student’s school should set them up for success in life and a plan after graduation, whether it's four-year college, trade school, apprenticeship, or going straight into the workforce.” However, he noted that that Republican’s “so-called solution of using government taxpayer money to subsidize private schools drains resources from the vast majority of students, 90% of whom attend public school.”
During her testimony, Ms. Mitchell of American Federation of Children, which is a school choice advocacy organization, talked about school choice as, “ensuring accountability and creating a broad menu of options that meet unique needs.” She then went on to make the case to expand school choice – including charter schools – as well as express support for home schooling and nontraditional pathways, including apprenticeships, technical training, or immediate entry into careers. Rachel Greszler of The Heritage Foundation used her testimony to call for continued positive momentum for school choice reforms and new federal policies in support of expanded educational opportunities. Specifically, she expressed support for expansion of K-12 school choice in the states, building bridges from K-12 education to careers, expanded use of 529 plans (including noting how OBBBA doubled the amount that families can withdraw—from $10,000 to $20,000 annually—to pay for private K-12 education), and expansion of Pell Grants for workforce education in OBBBA. Alternatively, School Board Member Stephanie Vanos provided details on the impact to her Florida school district of diverting taxpayer funding from public schools to the private school system.
House Education and Workforce Subcommittee holds hearing on antisemitism in K-12 schools: On September 19, the House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, “From Playground to Classroom: The Spread of Antisemitism in K–12 Schools.” The Subcommittee heard from four witnesses: Ms. Nicole Neily, President and Founder of Parents Defending Education; Dr. Brandy Shufutinsky, Director of Education and National Security at the Foundation for Defense of Democracies; Rabbi Jill Jacobs, CEO of T’ruah: The Rabbinic Call for Human Rights; and Ms. Rachel Lerman, Vice Chair and Director of Appeals and Critical Motions at the Louis D. Brandeis Center for Human Rights Under Law.
During the hearing, Subcommittee Chair Kevin Kiley (R-CA) stated that antisemitism is not limited to college campuses, but is increasingly present in elementary and secondary schools. He expressed concern that some teachers view themselves “primarily as activists rather than educators,” and alleged that certain organizations working with school districts have introduced materials containing antisemitic tropes, anti-Israel content, and messaging that supports foreign interests. Chair Kiley cited reports of incidents in California where, according to him, the school climate had become “so hostile that Jewish children are withdrawing and transferring elsewhere.”
Democratic members of the Subcommittee acknowledged the seriousness of antisemitism but criticized the hearing’s framing, arguing it focused too narrowly on specific narratives. Subcommittee Ranking Member Suzanne Bonamici affirmed, “There is no question that we must do more to combat antisemitism—not just in schools but everywhere.” She emphasized the need to address all forms of hate and bigotry, including Islamophobia and racism, stating, “It’s important that we don’t pit communities against each other.” Ranking Member Bonamici and others called for a comprehensive approach that both protects students’ civil rights and upholds First Amendment protections. In concluding her remarks, Ranking Member Bonamici moved for the Subcommittee to subpoena White House Deputy Chief of Staff Stephen Miller “to answer for the Trump Administration’s antisemitic actions, and to answer for the defunding the Department of Education’s Office of Civil Rights, which will exacerbate antisemitism at our nation’s schools.”
House Education and Workforce Committee Chair Walberg and Subcommittee Chair Owens host roundtable on tax cuts included in One Big, Beautiful Bill Act (OBBBA): On September 12, Education and Workforce Committee Chairman Tim Walberg (R-MI) and Subcommittee on Higher Education and Workforce Development Chairman Burgess Owens (R-UT) hosted a roundtable in Salt Lake City, Utah, to discuss the impacts of OBBBA – also known as the Working Families Tax Cuts. A range of community leaders, experts, and stakeholders shared how the tax cuts will “make colleges more affordable and accountable…and strengthen workforce development opportunities for Americans.”
U.S. Courts
Courts halt changes to immigrants’ eligibility for federal public benefits: Two federal courts have partially and temporarily halted the Administration’s efforts to exclude undocumented immigrants from some federal public benefits, including Head Start and dual enrollment. (See our recent Deep Dive, “Who Benefits?” for more information on this topic.)
On September 10, a federal court in Rhode Island issued a preliminary injunction in a lawsuit brought by 21 state attorneys general to challenge the reinterpretations by HHS, USED, DOL, and DOJ of what counts as “federal public benefits” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, sometimes referred to as “the 1996 welfare law”). The injunction halts any enforcement of the four agencies’ reinterpretations, while the lawsuit proceeds to a final resolution, but only in the plaintiffs’ states.1 (The Administration may choose to extend non-enforcement to include non-plaintiff states while it appeals.)
In a separate lawsuit brought by parent groups and state Head Start Associations challenging a variety of Administration actions regarding the Head Start program, a federal judge in Washington issued a preliminary injunction on September 11, that also halts any enforcement of HHS’s reinterpretation of Head Start eligibility. The judge granted a nationwide injunction staying enforcement of the HHS reinterpretation solely as to Head Start programs. The court stated that this broad-based relief was necessary because the plaintiffs’ members included Head Start programs that serve children in multiple states—including families who are highly migratory due to agricultural occupations. (For more details on the Head Start litigation, please find a litigation summary here.)
The enforcement landscape may change as the Administration responds to these two injunctions, but currently, some enforcement action is halted while some can proceed. Specifically, HHS, USED, DOL, and DOJ cannot enforce any of their reinterpretations in the 20 states and D.C. that sued, and HHS cannot enforce its reinterpretation of Head Start eligibility anywhere. However, USED, DOL, and DOJ can enforce their reinterpretations in the other 30 states and territories that did not sue, and HHS can enforce its reinterpretation of eligibility for HHS programs other than Head Start in the other 30 states and territories that did not sue.
Federal court dismisses Virginia School Districts’ challenge to USED “high risk” designations: On September 5, a federal court dismissed two related lawsuits filed by Fairfax County Public Schools and Arlington Public Schools to challenge USED’s placing them on “high-risk” and “reimbursement payment” status for federal grants as a result of their policies governing transgender students’ rights. In dismissing the lawsuits, the court applied the Supreme Court’s recent ruling in NIH v. American Public Health Association that federal grantees seeking monetary relief about federal funding issues must file their claims in the Court of Federal Claims where they will be litigated as contract disputes with the federal government. The court dismissed the lawsuits “without prejudice,” which means the school districts can choose to refile their lawsuits in the same district court with amended complaints. On September 11, Fairfax appealed the decision, and on September 15, moved for an emergency injunction while the 4th Circuit considered the appeal.
Upcoming Events (Congress & Administration):
From September 24 through 28, the Congressional Black Caucus Foundation will hold its 54th Annual Legislative Conference. Among the many sessions, the following sessions explore issues related to education:
On September 25 at 1:00 p.m., House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) will lead a session titled, “Education Braintrust - Equity in Education: The Foundation of Good Citizenship and Democracy.” During the session, experts will discuss the legal, advocacy and other campaigns to protect and preserve the principle that “the opportunity of an education … is a right which must be made available to all on equal terms.” Other speakers include Erika Wilson, Professor at New York University Law School, and Janel George, Associate Professor of Law and the founding Director of the Racial Equity in Education Law and Policy Clinic at Georgetown University.
On September 25 at 4:00 p.m., Representative Alma Adams (D-NC) will lead a session titled, “HBCU Braintrust: Navigating Challenging Times for HBCUs: Overcoming Obstacles/Seizing Opportunities.” The session will explore the present challenges and opportunities for HBCUs.
On September 26 at 2:00 p.m., Representative Jahana Hayes (D-CT) will lead a session titled, “The State of Education - It’s All Hands on Deck for Our Democracy.” The panel session will be co-led by National Education Association (NEA) President Becky Pringle and will illustrate the impact of the Trump Administration’s actions to dismantle the Department of Education and block efforts related to diversity, equity, inclusion, and belonging. Other speakers include Alexis Holmes, Former Executive Director of the White House White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans; and Rev. Shavon Arline-Bradley President & CEO, National Council of Negro Women (NCNW).
On September 29 from 9:00 a.m. to 3:30 p.m., the Religious Liberty Commission will hold its second hearing on Religious Liberty in Education. The hearing’s objective is to understand the historic landscape of religious liberty in the educational setting, recognize present threats to religious liberty in education, and identify opportunities to secure religious liberty in this context for the future. The hearing will be held at the Museum of the Bible, and more information is here.
Upcoming Events (Outside Organizations):
Publications (Outside Organizations):
Legislation:
Introduced in the House of Representatives:
H.R. 5195
A bill to amend section 7014 of the Elementary and Secondary Education Act of 1965 to advance toward full Federal funding for impact aid, and for other purposes.
Sponsor: Rep. Mike Levin (D-CA)
H.R. 5222
A bill to establish eligibility requirements for covered educational employees under the Family and Medical Leave Act of 1993, and for other purposes.
Sponsor: Rep. Sean Casten (D-IL)
H.R. 5234
A bill to amend the Richard B. Russell National School Lunch Act to establish a program for the procurement of domestically grown unprocessed fruits and vegetables to provide healthier school meals, and for other purposes.
Sponsor: Rep. Pramila Jayapal (D-WA)
H.R. 5295
A bill to amend the Workforce Innovation and Opportunity Act to raise public awareness for skilled trade programs, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 5296
A bill to require the Secretary of Labor to award grants for promoting industry or sector partnerships to encourage industry growth and competitiveness and to improve worker training, retention, and advancement as part of an infrastructure investment.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 5297
A bill to promote registered apprenticeships and other work-based learning programs for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 5308
A bill to direct the Secretary of Education to carry out grant programs to encourage student participation in local government and volunteer service, and for other purposes.
Sponsor: Rep. Herbert Conaway (D-NJ)
H.R. 5334
A bill to amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, and for other purposes.
Sponsor: Rep. Jimmy Panetta (D-CA)
H.R. 5351
A bill to support National Science Foundation education and professional development relating to artificial intelligence, and for other purposes.
Sponsor: Rep. Vince Fong (R-CA)
H.R. 5353
A bill to require the Secretary of Health and Human Services to carry out a pilot program to support evidence-based mental health peer support activities for students.
Sponsor: Rep. Donald Beyer (D-VA)
H.R. 5357
A bill to provide limited licensing reciprocity for a college mental health provider to furnish mental health services through telehealth technology to students of the institution of higher education that employs such provider.
Sponsor: Rep. Mike Flood (R-NE)
H.R. 5360
A bill to direct the Federal Trade Commission to develop and make available to the public educational resources for parents, educators, and minors with respect to the safe and responsible use of AI chatbots by minors, and for other purposes.
Sponsor: Rep. Erin Houchin (R-IN)
H.R. 5363
A bill to authorize the Secretary of Agriculture to carry out an initiative to develop, expand, and improve rural childcare, and for other purposes.
Sponsor: Rep. Marie Gluesenkamp Perez (D-WA)
H.R. 5375
A bill to remove barriers to health professions by providing resources to access foundational educational training, such as English language proficiency and adult basic education, and to require the provision of child care, in demonstration projects funded under the health profession opportunity grant program under section 2008 of the Social Security Act.
Sponsor: Rep. Judy Chu (D-CA)
H.R. 5399
A bill to direct the Secretary of Education to carry out a grant program to support arts education at minority-serving institutions of higher education.
Sponsor: Rep. Sydney Kamlager-Dove (D-CA)
H.R. 5436
A bill to amend title 38, United States Code, to prohibit an educational institution from withholding a transcript from an individual who pursued a course or program of education at such institution using Post-9/11 educational assistance.
Sponsor: Rep. John Mannion (D-NY)
H.R. 5458
A bill to amend the Child Care Access Means Parents In School Program under the Higher Education Act of 1965.
Sponsor: Rep. Katherine Clark (D-MA)
H.R. 5476
A bill to direct the Secretary of Education to carry out a grant program to support the recruitment and retention of paraprofessionals in public elementary schools, secondary schools, and preschool programs, and for other purposes.
Sponsor: Rep. Lucy McBath (D-GA)
H.R. 5482
A bill to require the Secretary of Education to issue a rule requiring schools to implement protocols for suicide prevention, postvention, and trauma-informed care.
Sponsor: Rep. Zachary Nunn (R-IA)
H.R. 5486
A bill to prevent harassment at institutions of higher education, and for other purposes.
Sponsor: Rep. Mark Pocan (D-WI)
H.R. 5505
A bill to amend the Higher Education Act of 1965 to ensure campus access at public institutions of higher education for religious groups.
Sponsor: Rep. Tim Walberg (R-MI)
H.Res. 714
A resolution expressing support for designation of the week of September 14 through 20, 2025, as "National Adult Education and Family Literacy Week".
Sponsor: Rep. Lucy McBath (D-GA)
H.Res. 718
A resolution expressing support for increasing the number of Latino students and young professionals entering careers in science, technology, engineering, and mathematics fields.
Sponsor: Rep. Luz Rivas (D-CA)
Introduced in the Senate:
S. 2738
A bill to establish eligibility requirements for covered educational employees under the Family and Medical Leave Act of 1993, and for other purposes.
Sponsor: Sen. Tammy Duckworth (D-IL)
S. 2740
A bill to amend the Elementary and Secondary Education Act of 1965 to encourage States to develop academic standards for elementary school and secondary school for artificial intelligence and other emerging technologies.
Sponsor: Sen. Jon Husted (R-OH)
S. 2764
A bill to require disclosure of the total amount of interest that would be paid over the life of a loan for certain Federal student loans.
Sponsor: Sen. Joni Ernst (R-IA)
S. 2782
A bill to direct the Secretary of Education to carry out grant programs to encourage student participation in local government and volunteer service, and for other purposes.
Sponsor: Sen. Andy Kim (D-NJ)
S. 2785
A bill to expand the financial, health care, and educational benefits received by Peace Corps and AmeriCorps volunteers, and for other purposes.
Sponsor: Sen. Andy Kim (D-NJ)
S. 1791
A bill to amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, and for other purposes.
Sponsor: Sen. Michael Bennet (D-CO)
S. 2802
A bill to require the Secretary of Education to disclose information about career and technical education and funding under the Carl D. Perkins Career and Technical Education Act of 2006, and require FAFSA applications to include a career and technical education acknowledgement.
Sponsor: Sen. Jon Husted (R-OH)
S. 2819
A bill to amend the Head Start Act to improve the Act.
Sponsor: Sen. Bernie Sanders (I-VT)
S. 2826
A bill to direct the Secretary of Health and Human Services to dedicate sufficient resources for the support of LGBTQ+ youth seeking help from the 9-8-8 suicide prevention hotline, and for other purposes.
Sponsor: Sen. Tammy Baldwin (D-WI)
S. 2828
A bill to amend the Child Care and Development Block Grant Act of 1990 to reauthorize and update the Act, and for other purposes.
Sponsor: Sen. Deb Fischer (R-NE)
S. 2841
A bill to amend the American History and Civics Education program under the Elementary and Secondary Education Act of 1965 to require hands-on civic engagement activities for teachers and students and programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights.
Sponsor: Sen. Angus King (I-ME)
S. 2855
A bill to direct the Secretary of Labor to carry out a competitive grant program to support community colleges and area career and technical education centers in developing immersive technology education and training services programs for workforce development, and for other purposes.
Sponsor: Sen. Lisa Blunt Rochester (D-DE)
S. 2859
A bill to amend the Higher Education Act of 1965 to ensure campus access at public institutions of higher education for religious groups.
Sponsor: Sen. James Lankford (R-OK)
S. 2862
A bill to amend the Child Care Access Means Parents In School Program under the Higher Education Act of 1965.
Sponsor: Sen. Tammy Duckworth (D-IL)
S. 2876
A bill to prevent harassment at institutions of higher education, and for other purposes.
Sponsor: Sen. Patty Murray (D-WA)
S. 2886
A bill to amend the Immigration and Nationality Act to authorize lawful permanent resident status for certain college graduates who entered the United States as children, and for other purposes.
Sponsor: Sen. Alex Padilla (D-CA)
S. 2892
A bill to direct the Secretary of Education to make grants to support early college high schools and dual or concurrent enrollment programs, and for other purposes.
Sponsor: Sen. Ed Markey (D-MA)
S. 2913
A bill to prohibit the use of appropriated funds to eliminate, consolidate, or otherwise restructure any office within the Department of Education that administers or enforces programs serving individuals with disabilities.
Sponsor: Sen. Angela Alsobrooks (D-MD)
S.Res. 400
A resolution expressing support for designation of the week of September 14 through 20, 2025, as "National Adult Education and Family Literacy Week".
Sponsor: Sen. Jack Reed (D-RI)
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.