Sept. 9, 2025
The information covered below is from August 1, 2025, through September 4, 2025.
Highlights:
Administration:
White House:
Trump Administration takes significant actions on higher education admissions data: On August 7, President Trump issued a Presidential Memorandum titled, “Ensuring Transparency in Higher Education Admissions.” The memo raises “concerns” that institutions of higher education are using “‘diversity statements’ and other overt and hidden racial proxies” to consider applicants’ racial or ethnic status in making admissions decisions in defiance of the U.S. Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard. The memo calls for several updates to U.S. Department of Education’s (USED) Integrated Postsecondary Education Data System (IPEDS), most notably that the National Center for Education Statistics (NCES) begin requiring, collecting, and making public new data that can “provide adequate transparency into admissions,” beginning with the upcoming school year.
On the same day, USED Secretary Linda McMahon issued a directive to the NCES to require that the following data be collected and published to “capture information that could indicate whether institutions of higher education are using race-based preferencing in their admissions processes”:
On August 15, NCES published its proposal for the new data collection, and public comments are due by October 14, 2025. Under the published proposal, NCES would create a new survey component of the IPEDS titled, Admissions and Consumer Transparency Supplement (ACTS), which is “designed to provide adequate transparency in admissions.” The notice explains that although data “alone is not determinative …[of] unlawful discrimination,” the data collected “could indicate whether institutions of higher education are using race-based preferencing in their admissions process.” The new component will only be required for selective institutions because they have an “elevated risk of noncompliance with the civil rights laws.” ACTS will “collect data separately for undergraduate and graduate students” regarding both admission and financial aid awards. NCES will require data from the upcoming 2025-2026 admissions cycle, as well as “from the five prior academic years.”
President Trump issues Executive Order on federal grantmaking: On August 7, President Trump issued an Executive Order (EO) titled, “Improving Oversight of Federal Grantmaking.” The EO increases both political oversight and political influence, reversing past efforts to insulate federal grants from political influence. The EO’s policy changes are designed to address issues that, according to the EO, are commonplace in federal grantmaking. These range from funding “far-left initiatives” to concerns about the efficacy and efficiency of government-funded research. The EO directs every federal agency to take a number of actions within 30 days that significantly change the federal grantmaking process and that, in some respects, seeks to codify approaches deployed by the Department of Government Efficiency (DOGE) early in the Administration to terminate large numbers of federal discretionary grants.
Some of the changes include calling for a senior political appointee in each agency to “review discretionary grants to ensure they are consistent with agency priorities and the national interest;” directing appointees conducting grant reviews to “use their independent judgement” instead of “defer[ring] to the recommendations of others,” including any peer review panels; and allowing agencies to implement “immediate termination for convenience, or clarify that such termination is permitted, including if the award no longer advances agency priorities or the national interest.” Additionally, the EO calls for two potentially consequential revisions to the Office of Management and Budget’s “Uniform Guidance” that would: (1) “require all discretionary grants to permit termination for convenience, including when the award no longer advances agency priorities or the national interest,” and (2) “appropriately limit” the indirect costs rate for supporting grantees’ facilities and administration. (Note that federal courts are currently blocking multiple agencies’ attempt to unilaterally institute a 15% cap on indirect rates for universities.)
First Lady Melania Trump hosts meeting of White House Task Force on Artificial Intelligence (AI) Education: On September 4, First Lady Melania Trump hosted a meeting of the White House Task Force on AI Education, which was established through President Trump’s April 23 Executive Order, “Advancing Artificial Intelligence Education for American Youth.” The Task Force is chaired by the Director of the Office of Science and Technology Policy, and other members include the Secretary of Agriculture, the Secretary of Labor, the Secretary of Education, the Secretary of Energy, the Director of the National Science Foundation, the Assistant to the President for Domestic Policy, the Special Advisor for AI & Crypto, the Assistant to the President for Policy, and the Assistant to the President for the Office of the First Lady. In remarks about the Task Force meeting, Mrs. Trump emphasized, “During this primitive stage, it is our duty to treat AI as we would our own children—empowering, but with watchful guidance.”
FCC seeks to end subsidies for internet access: On September 3, Federal Communications Commission (FCC) Chairman Brendan Carr proposed ending E-Rate subsidies for internet access on school buses and wireless hotspots that could be checked out of libraries. The subsidies, initiated by the Biden Administration during COVID-era school closures and continued in 2024, were designed to help address the “digital divide” especially for students in rural communities and low-income households. In his comments, by contrast, Chairman Carr said the proposal “will end the FCC’s illegal funding [of] unsupervised screen time for young kids.” With the FCC currently deadlocked, the Congress could still take action. In May, the Senate voted to undo the Biden-era FCC rules, but the House has not yet acted on the resolution.
U.S. Department of Education (USED):
Trump Administration releases its first Unified Agenda: On September 4, the Trump Administration released its first Unified Agenda, which was expected to be released earlier this year. The 2025 Spring Unified Agenda outlines the estimated timing for potential administrative action on a wide range of regulations across federal agencies. Highlights of upcoming regulatory actions related to early learning and education, which were published for the first time in the Unified Agenda, include:
USED proposes new regulations for Public Service Loan Forgiveness (PSLF): On August 18, USED announced proposed rules for the PSLF program in accordance with President Trump’s Executive Order (EO) that directed USED to update the regulations to exclude from program eligibility any employer that engages in “activities that have a substantial illegal purpose.” The proposed rules are now open for public comment, and comments must be submitted by September 17, 2025. The release of the proposed rules follows USED holding two public hearings in May and negotiated rulemaking sessions in July regarding the regulations.
The proposed regulations are largely in alignment with the EO and the final proposal USED shared during the negotiated rulemaking. The proposed rules make a number of changes from current policy that would enable the Secretary to limit employer eligibility for PSLF. Specifically, the proposed regulations redefine “Qualifying employer” and “Substantial illegal purpose” to include the following as disqualifying employer activities: violations of federal immigration law; facilitating cartels; child trafficking; “engaging in a pattern of aiding and abetting illegal discrimination;” and engaging in a pattern of public nuisance or vandalism. Additionally, the draft regulations reference the use of puberty blockers or sex hormones with individuals under age 19 as constituting “chemical castration of minors” (along with surgery referred to as “surgical castration or mutilation”), which would be included as a disqualifying employer activity. The proposed regulations contain two significant changes compared to the final proposal shared during negotiated rulemaking: (1) to lower the standard of proof the Secretary uses for determining employer ineligibility from “clear and convincing evidence” to a “preponderance of the evidence” and (2) to bar ineligible employers from PSLF for 10 years, rather than 5.
National Science Foundation announces new AI-related funding opportunities: On August 22, the National Science Foundation (NSF) announced two new supplemental funding proposals to current NSF awardees to support the expansion of K-12 resources for AI education, as well as a new funding opportunity to advance STEM teaching and learning in K-12 by “leveraging AI and emerging technologies.” The announcements, via a Dear Colleague letter (DCL), aim to advance the goals of the April 23 Executive Order, “Advancing Artificial Intelligence Education for American Youth,” by providing resources for K-12 AI education.
USED releases proposed changes to the Civil Rights Data Collection (CRDC) to include only two sexes: On August 7, USED released for public comment proposed changes to the Civil Rights Data Collection (CRDC) to more closely align with President Trump’s Executive Order on Gender Ideology, defining “sex” as “an individual’s immutable biological classification as either male or female.” The proposal would end the collection of data from elementary and secondary schools nationwide related to “gender identity” generally and nonbinary identities specifically, including with respect to reporting of incidents of bullying, harassment, and sexual assault. These changes, if adopted, would apply to the 2025-2026 and 2027-2028 CRDCs. Public comment must be submitted by September 8, 2025.
USED issues guidance regarding submission of Every Student Succeeds Act (ESSA) waiver requests, as several states seek public comment on such requests: On July 29, the USED issued a Dear Colleague Letter (DCL) to chief state school officers inviting SEAs, LEAs, schools, and tribal leaders “to seek creative and effective waivers for improving student academic achievement and maximizing the impact of Federal funds.” Three states – Indiana, Iowa, and Oklahoma – have developed and circulated for public comment draft requests seeking broad waivers of various ESSA requirements.
On July 25, the Indiana Department of Education (IDOE) announced that the state’s draft ESEA Flexibility Waiver Request was posted for public comment through August 25. Among other things, citing the “streamlined and flexible federal funding structure” of the Elementary and Secondary Education Emergency Relief (ESSER) Fund as a model, the draft request aims to create a consolidated funding structure across ESSA programs by waiving allowable use provisions under several required components, including state assessment grants, supporting effective instruction, and 21st Century Community Learning Centers, among others. Indiana makes the case that waiving the allowable use provisions will allow the state and its LEAs to operate within something closer to a block grant focused on state and local priorities. IDOE also seeks to waive federal accountability requirements in favor of a unified school grading system administered by the Indiana State Board of Education. Additionally, the state’s plan asks to waive school improvement and support grant requirements to facilitate school choice by redirecting funds from schools identified for support and improvement. Instead, students zoned for the schools under improvement state to Indiana’s would be provided greater access to Indiana’s “growing ecosystem of effective, innovative school models.”
On August 8, the Oklahoma State Department of Education (OSDE) published its waiver request, announcing it would pursue a waiver regarding the annual assessment requirements of ESSA. OSDE’s waiver proposal would allow Oklahoma school districts to choose to replace statewide testing with “approved benchmark assessments.” The draft waiver request is open for public comment through September 8, 2025.
On August 19, the Iowa Department of Education (IDOE) published a draft of its ESSA waiver request, providing the public ten days to comment on it. Iowa’s draft includes the following five requests: (1) allow state administrative and state activities set-aside funds to be consolidated based on existing statutory formulas; (2) allow school district formula and competitive funds to be consolidated based on existing statutory formulas utilizing expanded transferability flexibilities; (3) allow the IDOE to calculate and retain the equitable participation proportionate share in all relevant ESEA programs for school districts and nonpublic schools that opt in through meaningful consultation to provide equitable services to nonpublic school students and teachers through a third-party provider(s); (4) explore opportunities to best support school districts in prioritizing schools most in need of support through revised USED administrative interpretations; and (5) modernize supplement, not supplant implementation across multiple ESEA programs through revised USED administrative interpretations.
USED issues guidance on equitable services: On August 21, USED issued guidance that provides information on how state and local education agencies (SEAs and LEAs) can use Title I funds under the equitable services provisions of the Every Student Succeeds Act (ESSA), which is a longstanding provision that Title I eligible students in private schools remain eligible for Title I services similar to those provided, with federal funding, to their public school peers. Specifically, the Dear Colleague Letter (DCL) outlines ways in which private school students can benefit from Title I funds consistent with current law; how LEAs can consult with private school officials; parents’ choices of activities for eligible students; SEA-provided supports to ease the burden of implementing equitable services; and situations when SEAs serve as the service provider.
USED proposes to stop requiring states to submit data on “significant disproportionality” in special education: On August 22, USED proposed changing a data collection that has required states to report data on any “significant disproportionality” for any racial or ethnic group of students in school districts’ special education identification, placement, and discipline. In enacting the Individuals with Disabilities Education Act (IDEA), Congress required that “Each State that receives assistance under this subchapter … shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the local educational agencies of the State.” IDEA’s implementing regulations articulate the methodology (and flexibilities) that states use to set standards for what constitutes “significant disproportionality,” and states have been required by USED to submit relevant data along with other required IDEA submissions. USED’s notice justifies eliminating this part of the IDEA data collection as an effort to reduce states’ administrative burden and notes that the agency will instead rely on state assurances “that they either have or do not have in effect policies and procedures to meet the eligibility requirements [of IDEA Part B].” Comments on the proposed rule are due by October 21, 2025.
Trump Administration rescinds guidance on serving English learner students: On August 20, USED rescinded joint guidance it had issued with the U.S. Department of Justice that has been in place since 2015 that described how state education agencies (SEAs) and local education agencies (LEAs) can meet their obligations to serve English Learner Students under Title VI of the Civil Rights Act of 1964. The action follows President Trump’s March Executive Order (EO) “Designating English the Official Language of the United States,” as well as a July Memorandum from the Department of Justice that encouraged agencies to rescind guidance that conflicts with the EO. In a statement reported in the Washington Post, USED spokesperson Madi Biedermann confirmed the guidance was rescinded because it “is not in line with Administration policy.”
USED confirms on-time launch of 2026-2027 FAFSA form: On August 27, USED Secretary Linda McMahon sent a letter to the leaders of the congressional education committees confirming that the 2026–2027 Free Application for Federal Student Aid (FAFSA) form will launch by the October 1, 2025, deadline. In a press release announcing the launch, Secretary McMahon outlined the beta testing period that the Department has used to test and refine the FAFSA form, which she stated has resulted in the submission of over 1,000 FAFSA forms.
Nicholas Kent confirmed as Under Secretary of Education: On August 1, the Senate voted 50-45 to confirm Nicholas Kent as the Under Secretary of Education. Kent, who oversees all of USED’s work in postsecondary education, vocational and adult education, and federal student aid, formerly served as the Virginia deputy secretary of education and as a lobbyist for for-profit colleges and trade school.
USED Secretary McMahon travels on 50-state tour: On August 8, USED announced Secretary McMahon will visit all 50 states during her “Returning Education to the States” Tour. The tour will focus on highlighting “education models that are accelerating learning outcomes,” and school choice options that provide families with “the freedom to choose the educational path that best fits their child’s needs.” In her visit to Louisiana, one of the first stops on the tour, Secretary McMahon was joined by Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bill Cassidy (R-LA), where a roundtable was held to discuss ways to strengthen literacy efforts. The tour website includes an interactive map that will feature information about each stop.
National Assessment Governing Board (NAGB) adopts resolution requesting to postpone NAEP Reading and Mathematics from 2028 to 2029: On August 1, NAGB adopted a resolution requesting to change the National Assessment of Educational Progress (NAEP) testing schedule, postponing the NAEP reading and mathematics assessments scheduled for 2028 to 2029. The purpose of the requested change is to return testing to odd-years so they are “administered off-cycle from federal midterm and presidential elections.” NAGB notes in the resolution “it is important that NAEP continue to be an independent, objective measure of educational achievement and progress, free from partisan influences or special interests.” Congress would need to approve a change in schedule.
USED Ends National Blue Ribbon Schools Program: According to a recent report, USED informed state departments of education that it was ending the National Blue Ribbon Schools program. The program was launched in 1982 and has acknowledged over 9,000 schools to date. Reportedly, USED explained the rationale for ending the program as follows: “In the spirit of Returning Education to the States, USED is ending its role in the program. State leaders are best positioned to recognize excellence in local schools based on educational achievements that align with their communities’ priorities for academic accomplishment and improvement.”
USED informs five Northern Virginia school districts of “High-Risk Status” regarding Title IX policies: On August 19, USED announced that it placed five Northern Virginia school districts “on high-risk status with the condition that all federal funding flowing to these districts is done by reimbursement only.” USED’s Office for Civil Rights (OCR) launched an investigation into the districts in February, and on July 25, OCR announced it found them in violation of Title IX for allowing students to access bathrooms and other facilities that align with their gender identity. The decision to place the districts on high-risk status and limit their access to federal funds came after the districts rejected a proposed agreement with OCR on August 15 that would have mandated new policies requiring students to use facilities based on their sex assigned at birth.
Notably, the policies at issue in those districts—Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools—are consistent with a current Fourth Circuit decision (which has binding authority in Virginia) that protects the right of transgender students to access bathrooms aligned with their gender identity under the Equal Protection Clause and Title IX.
On August 29, two of the school districts—Fairfax County Public Schools and Arlington Public Schools—sued the federal government to challenge the Trump Administration’s decision to place them on “high-risk” financial status. The court is currently considering the districts’ request for a temporary restraining order. The districts argue, among other things, that the Administration’s actions conflict with the same Grimm decision mentioned above. Fourth Circuit decisions are binding in Virginia, South Carolina, North Carolina, West Virginia, and Maryland, but the Administration is arguing that Grimm was overruled (or at least undercut) by the U.S. Supreme Court’s decision this past year in U.S. v. Skrmetti, which addressed the constitutionality of state bans on gender-affirming care for minors, but pointedly did not consider Equal Protection Clause or Title IX issues related to access to restrooms.
USED’s Office for Civil Rights (OCR) finds George Mason University has violated Title VI: On August 22, USED’s Office for Civil Rights (OCR) announced that an investigation into George Mason University (GMU) determined that GMU violated Title VI of the Civil Rights Act of 1964 through the use of race and other protected characteristics in university practices and policies, including hiring and promotion. OCR opened the investigation on July 10 in response to a complaint submitted by multiple current GMU faculty that raised concerns about the presence of “equity advisors” in each academic department, the creation of a Task Force on Anti-Racism and Inclusive Excellence tasked with developing university policies to “advance systemic and cultural anti-racism” at GMU, and various statements by GMU President Gregory Washington aimed at ameliorating the university’s history around race and diversity. Notably, OCR’s period of review included university policies and practices from 2020 to the present, predating the Supreme Court’s June 2023 decision in SFFA v. Harvard and the second Trump Administration’s “anti-DEI” efforts. GMU had a deadline of September 1 to respond to OCR’s proposed resolution requiring various policy changes and announcements, which include “a personal apology from GMU’s President.”
U.S. Department of Health and Human Services (HHS):
Administration for Children and Families (ACF) revises grant rules: ACF has updated its terms and conditions applicable to its grant awards. Starting on October 1, the agency will be able to terminate grants when “for whatever reason continued funding would not be in the best interests of the Federal government (including when a grant no longer effectuates the program goals or agency priorities).” This is consistent with the recently issued Executive Order on oversight of federal grantmaking, which instructed federal agencies to enhance the government’s ability to terminate grant awards that do not meet the Administration’s priorities (See below under Executive Actions). The new terms and conditions also includes a new “Antidiscrimination Laws and Requirements” term, which states that by accepting federal funds, grant recipients “certify compliance with all federal antidiscrimination laws and these requirements.” This replaces previous language released earlier this year that indicated recipients of federal grants must certify that they do not run programs promoting diversity, equity and inclusion (DEI), diversity, equity, inclusion, and accessibility (DEIA), or "discriminatory equity ideology" in ways that violate federal anti-discrimination laws. For additional information, EducationCounsel has published a memo here.
Congress:
Senate:
Senate Appropriations Committee Ranking Member Murray issues remarks on possible next steps for continuing federal funding beyond the September 30 deadline: On September 3, Senate Appropriations Committee Ranking Member Patty Murray (D-MA) delivered remarks regarding possible next steps for federal funding as the end of the fiscal year approaches on September 30. During her remarks, Ranking Member Murray emphasized support for a bipartisan approach and the need for a short-term continuing resolution (CR). Ranking Member Murray pointed to the eight bipartisan bills, including the FY2026 Senate Labor/HHS Appropriations bills, that have advanced out of the Senate Appropriations Committee, with three of those being considered on the Senate floor. Ranking Member Murray also shared that if “House Republicans go a different route and try and jam through a partisan CR,” that CR would not have the Democratic votes needed to pass and the action would likely result in a government shutdown.” Ranking Member Murray’s comments came following a Dear Colleague Letter from Senate Minority Leader Chuck Schumer (D-NY) that similarly expressed, “The only way to avoid a shutdown is to work in a bipartisan way, with a bill that can get both Republican and Democratic votes in the Senate.” Both Ranking Member Murray and Minority Leader Schumer expressed opposition to the Trump Administration’s issuance of a “pocket rescission” of $5 billion in foreign aid funding, which Murray called “breaking the law.”
Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Cassidy issues a report on improving child literacy and K-12 education: On August 8, the Senate HELP Committee Chairman Bill Cassidy (R-LA) published a report titled, “Preventing A Lost Generation: A Vision For K-12 Reforms To Ensure Student Success,” which features new policy goals on improving child literacy and K-12 education. The report explains some of the challenges facing K-12 education and corresponding approaches across three policy goals: improving student literacy, strengthening the teacher workforce, and empowering parents. Among the recommendations offered are updating the Elementary and Secondary Education Act (ESEA) to raise evidence-based requirements, work with postsecondary institutions to improve teacher preparation, and increase information provided to parents about K-12 education. The report concludes by recommending Congress “consider removing unnecessary requirements so that we can focus on the guardrails that are fundamental to success.”
Senate HELP Committee Ranking Member Sanders and Senate Democrats requests information on USED’s move to suspend student loan forgiveness for borrowers under Income-Based Repayment (IBR): On August 18, Senate HELP Committee Ranking Member Bernie Sanders (I-VT) and 10 Senate Democrats sent a letter to USED Secretary Linda McMahon requesting information regarding the Department’s suspension of student loan forgiveness for borrowers under Income-Based Repayment (IBR). The letter calls attention to statutory requirements for these borrowers to access loan forgiveness, as well as the Department’s decision happening without notifying Congress. The Senators requested information on why the suspension was made and a timeline for when loan discharges will resume, among a request for other information.
House:
House Republicans advance FY2026 Labor/HHS appropriations bill: On September 2, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) advanced by a 11-7 party-line vote its Fiscal Year 2026 (FY2026) Appropriations bill, which includes funding for the Departments of Education (USED) and Health and Human Services (HHS). The bill, which was drafted 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. The information below also compares the House’s proposal to the FY2026 Senate Labor/HHS Appropriations bill, current funding levels, and the President’s budget request:
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 reading and math instruction: On September 3, the House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, "Foundations First: Reclaiming Reading and Math through Proven Instruction.” The hearing was focused on the need for a return to the science of learning for both reading and math instruction. Republicans and Democrats generally agreed on the need for evidence-based reading and math instruction and that the recent NAEP (National Assessment for Educational Progress) scores, as Ranking Member Suzanne Bonamici (D-OR) noted, “show room for improvement.” Beyond literacy and math instruction, Republican Subcommittee members generally highlighted their strong support for more state and local control and “parents’ rights.” Democratic Subcommittee members focused on the need for gun reform, following the recent school shooting in Minneapolis, and were critical of the Trump Administration’s proposed cuts in education funds, reductions of staff at USED, and of the tax credit for school vouchers included in the One Big, Beautiful Bill Act.
In his opening remarks, Subcommittee Chair Kevin Kiley (R-CA) argued, "For decades, countless young people in this country received literacy instruction that was not science-based and did not promote the mastery needed for success in school and in life. But now, in almost every state in America, science-backed literacy instruction has prevailed. Still, progress has been uneven, and there is unfortunately still much work to do. And more recently, we are seeing the same type of mistakes repeated when it comes to math.” Chair Kiley highlighted the foundational skills of the Science of Reading (phonological awareness, phonics, fluency, vocabulary, and comprehension) and the four basic functions of math (addition, subtraction, division, and multiplication). Ranking Member Bonamici, in her remarks, shared support for foundational literacy and math instruction and her desire for bipartisan work on this issue. However, she was also critical of the Trump Administration's education agenda, arguing that, “students have the best chance at success if they excel in reading and math. But the Trump Administration and my Republican colleagues are cutting educational research and privatizing public education, which will hurt, not help.”
In witness testimony, Dr. Cade Brumley, the Louisiana State Superintendent of Education, highlighted the progress made in Louisiana by implementing the Science of Reading statewide and said, “in math, we are returning to tried-and-true practices to build foundational numeracy skills.” He noted Louisiana’s improvement, going from being ranked 50th in the country for 4th grade NAEP reading and math in 2019 to “lead[ing]the entire country in literacy on two consecutive NAEP cycles” and “ranked in the top five for overall math growth in 2024.” Chandra Roughton, Founder of Luminous Minds, a California-based “educational platform providing science-of-reading-aligned resources” stated that the Science of Reading is “not a trend or a theory” but a “comprehensive body of research, built over decades…that explains how the brain learns to read and what is required to teach reading effectively.” Further, she argued that “decades of research confirm that nearly all children—95% or more—can learn to read with high-quality, evidence-based instruction grounded in the Science of Reading.” Dr. Jhanae Wingfield, an Assistant Professor of Early Childhood and Literacy Education at Rutgers University-Newark, was supportive of the Science of Reading but also noted that it “often overlooks language variation and the sociocultural contexts in which children learn.” Dr. Brent Harrison, Superintendent at the Saraland City Schools in Saraland, AL, claimed that “much of our success” can be attributed to “the Alabama Literacy Act of 2019 [which] established the Science of Reading as the state-approved curriculum.”
In further questions and comments, Full Committee Chair Tim Walberg (R-MI) spoke in support of “abolishing” the Department of Education and the need for state and local control. Ranking Member Bonamici noted that “Congress does not determine curriculum,” but does support the research needed to determine how students learn best and spoke about the Trump Administration’s “$900 million in cuts to research.” She concluded by saying that “all the witnesses made a great case for fully funding Title I, Title II, [and the] Institute of Education Sciences.”
House Education and Workforce Committee Ranking Member Scott leads letter to USED regarding the impact of OBBBA on postsecondary students: On August 25, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) led 53 of his colleagues in a letter to USED urging the Department to account for harm to students that could result due to the passage of the One Big Beautiful Bill Act (OBBBA), particularly as the Department begins carrying out the law’s changes to the Higher Education Act of 1965. In the letter, the Democrats assert these changes will increase monthly payments and delay forgiveness for Americans struggling with student debt, weaken consumer protections for borrowers, and make it more difficult for working families to afford college. The Members further wrote in the letter, “Since this Administration has expressed its intention to close the Department, and since we believe that [OBBBA] is the most destructive piece of law impacting higher education access and affordability in recent history, it is imperative that the Department and negotiators use the rulemaking process to prioritize protecting students from low-quality programs, unscrupulous actors, and unaffordable student debt…As the [negotiators] develop regulations for these policies, we urge both the Department and negotiators to put students and borrowers first; consider how each decision will impact a student’s ability to afford their education.”
House Education and Workforce Committee Ranking Member Scott requests information from HHS Secretary Kennedy regarding agency layoffs and proposed reorganization: On August 6, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) sent a letter to HHS Secretary Robert F. Kennedy Jr. requesting information on the significant reductions in force (RIFs) at the agency. The letter follows a March request for similar information, which Ranking Member Scott stated had not been answered. Ranking Member Scott’s August letter calls attention to the impacts of the RIF, stating, “operations of vital programs are in jeopardy—threatening to deprive individuals and families in the most vulnerable communities of invaluable services.” The letter requests information on the decision-making for the RIFs, as well as a “detailed analysis on how HHS will continue to operate in accordance with its statutory duties amid mass layoffs.” On August 20, Ranking Member Scott requested that Committee Chair Tim Walberg (R-MI) hold an oversight hearing on the RIFs and the HHS Department’s proposed reorganization. In his request, which echoes a similar request on April 8, Ranking Member Scott emphasized the “urgency” of the hearing given the agency’s “continued lack of transparency surrounding its reorganization plans.”
U.S. Courts:
Federal court rules in Harvard University’s favor in lawsuit over $2.6 billion in federal funding: On September 3, a Massachusetts federal district court granted Harvard University’s motion for summary judgment, ruling that the Trump Administration’s freezing of $2.6 billion in federal research funding was unlawful. The court rejected the Administration’s claim that it froze (and later cut) the funding because of how Harvard responded to antisemitism on campus, finding that “[a] review of the administrative record makes it difficult to conclude anything other than that Defendants used antisemitism as a smokescreen for a targeted, ideologically-motivated assault on this country’s premier universities.” Among other things, the court ruled that the Administration’s actions: (1) violated the First Amendment in three ways—through retaliation, the imposition of unconstitutional conditions, and unconstitutional coercion; (2) failed to follow due process procedures required by Title VI before imposing any funding freeze or withholding; and (3) violated the Administrative Procedures Act in multiple ways. The court concluded by issuing a permanent injunction that “prevents Defendants reimposing any unconstitutional conditions imposed to date, and enjoins Defendants from issuing any other termination, freezing of funds, stop work orders, or withholding of payment on existing grants or other federal funding, or refusal to award future grants, contracts, or other federal funding to Harvard in retaliation for the exercise of its First Amendment rights, or on purported grounds of discrimination without compliance with the requirements of Title VI.”
U.S. Supreme Court constrains lawsuits seeking reinstatement of federal funding: On August 21, the U.S. Supreme Court created new procedural hurdles for federal grantees suing to reinstate funding terminated by the Trump Administration. The Court in NIH v. APHA stayed a federal district court order that had declared unlawful the National Institutes of Health’s (NIH’s) termination of research-related grants. That lower court decision was based on the finding that the Administration’s anti-“DEI” policies, which prompted the terminations, were themselves unlawful.
In a splintered 4-1-4 decision including five separate opinions, the Supreme Court ruled that the federal district court lacked jurisdiction to reinstate any terminated grants because the Court likened those claims to a contract dispute that belongs in the Federal Court of Claims. But the Court also ruled that the district court had jurisdiction to consider challenges to the Administration’s policies under an Administrative Procedures Act (APA) claim based on statutory and constitutional grounds not related to breach of contract.
In an outcome in which eight Justices dissented in part from the Court’s ultimate holding, Justice Barrett’s concurring opinion reflected the compromise among two different coalitions:
Nothing in the Court’s holding reached the question of whether the anti-“DEI” policies that resulted in the grant terminations were, in fact, unlawful, as the district court had held. Moving forward, plaintiffs in these types of cases will likely have to split their claims into separate lawsuits filed in two different courts. It creates significant hurdles to grantees’ ability to receive effective monetary relief from the Administration’s policy-driven terminations of federal funding that violate federal law.
Federal court strikes down USED’s anti-DEI directive and certification: On August 14, a federal district court in Maryland ruled that the “Dear Colleague” letter (DCL) issued by USED’s Office for Civil Rights on February 14, 2025, and a subsequent certification requirement that required states and school districts to affirm their compliance with USED’s interpretation of Title VI were “unlawful.” As a consequence, the court “vacated” both actions. In her 76-page opinion, Judge Stephanie Gallagher, appointed by President Trump in 2019, ruled that neither agency action followed the procedural requirements of the Administrative Procedures Act nor Fifth Amendment due process guarantees. Judge Gallagher also ruled that the DCL violated First Amendment guarantees. This ruling is the first final district-level decision by a federal court to address the Trump Administration’s efforts to end “DEI” in schools.
More specifically, the court ruled that the challenged anti-DEI actions:
In addition, the DCL demonstrated “textbook viewpoint discrimination” in violation of the First Amendment, unlawfully “targeting ‘proponents’ of diversity, equity, inclusion, and social justice.” The Court affirmed that “the government is entitled to its viewpoint. But it may not…use its power over funding to coerce the suppression of speech it disfavors.”
In sum, Judge Gallagher wrote, “the government did not [as it asserts] merely remind educators that discrimination is illegal: it initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished. The law does not countenance the government’s hasty and summary treatment of these significant issues.”
NSF ordered to restore grants to UCLA: On August 13, a District Court judge ordered the National Science Foundation (NSF) to release federal funds to the University of California Los Angeles (UCLA), “suspended” on July 30, 2025, in violation of a preexisting preliminary injunction. In June, UC researchers filed a class action lawsuit challenging federal grant terminations systemwide, receiving an injunction on June 23, 2025, requiring the funding to continue flowing while the case is ongoing. In her August 13 order, Judge Rita F. Lin wrote that the new freezes violated the court’s preliminary injunction, writing that the suspensions “differ from a termination in name only.” The ruling restores federal funding from the NSF, while National Institutes of Health and Department of Energy grants remain suspended. The ongoing dispute over grant funding is taking place amid pressure from the Trump Administration against UCLA to pay $1 billion to resolve various civil rights investigations.
Federal court allows DOGE access to USED data: On August 12, the Fourth Circuit issued a decision allowing the Department of Government Efficiency (DOGE) to access data at USED, Treasury, and the Office of Personnel Management (OPM). A district court in Maryland had previously issued a preliminary injunction preventing DOGE from accessing the records during the pendency of the case, finding likely violations of the Privacy Act and the Administrative Procedure Act (APA). Among the data that will now be accessible to teams at DOGE is student loan information housed at USED.
Upcoming Events (Congress & Administration):
Upcoming Events (Outside Organizations):
Publications (Congress & Administration):
Publications (Outside Organizations):
In August, EducationCounsel published four new resources, in addition to our Alerts. More information on each resource can be found here.
Misguidance: An Analysis of the U.S. Department of Justice’s July 29, 2025 Civil Rights Guidance examines recent non-binding guidance from the U.S. Department of Justice on federal antidiscrimination laws, especially as the Administration will apply them to “DEI” programs across early, K-12, and higher education.
DEEP DIVE: The One Big Beautiful Bill Act & Early Care and Education explores the sweeping changes to Medicaid, the Supplemental Nutrition Assistance Program, taxes, and immigration that will impact the early care and education sector in important ways.
EducationCounsel’s Project 2025 Tracker lists each recommendation from Project 2025’s chapter on education and describes relevant actions taken by the Trump Administration and Congress to advance them, organized in two ways: by topic (i.e. K-12, higher ed, etc.) and implementation status (from “no action” to “fully implemented”).
EducationCounsel’s Fiscal Year 2026 Budget Table compares funding for certain education and early learning programs included in the FY2024 final bill/FY2025 Continuing Resolution (CR), the FY2026 President’s budget request, and the FY2026 Senate Labor/HHS Appropriations bill. Note: This table does not include the funding levels from the House Labor/HHS Appropriations bill advanced out of the Subcommittee on September 2.
Legislation:
Introduced in the House of Representatives:
H.R. 4902
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: Rep. Gregory Steube (R-FL)
H.R. 4939
A bill to require the Secretary of Agriculture to submit an annual report to Congress on the state of food security and diet quality in the United States, including the impact of changes to the supplemental nutrition assistance program (SNAP), and to provide policy recommendations for improving nutrition outcomes for both participants and nonparticipants.
Sponsor: Rep. Keith Self (R-TX)
H.R. 2965
A bill to amend the Elementary and Secondary Education Act of 1965 to expand career counseling opportunities within student support and academic enrichment grants.
Sponsor: Rep. Glenn Thompson (R-PA)
H.R. 2973
A bill to amend the Higher Education Act of 1965 to allow participation in certain Fulbright programs to qualify for the repayment plan for public service employees, and for other purposes.
Sponsor: Rep. Don Beyer (D-VA)
H.R. 4986
A bill to amend the General Education Provisions Act to ensure that a student is not required to submit to a survey, analysis, or evaluation that reveals personal information about such student or their family without prior written consent.
Sponsor: Rep. Mary Miller (R-IL)
H.R. 5050
A bill to clarify protections related to sex and sex-segregated spaces and to activities under title IX of the Education Amendments of 1972.
Sponsor: Rep. Mary Miller (R-IL)
H.R. 5056
A bill to amend the Higher Education Act of 1965 to provide for a teacher leader development program, and for other purposes.
Sponsor: Rep. Bradley Schneider (D-IL)
H.R. 5065
A bill to amend the Elementary and Secondary Education Act of 1965 to protect students from sexual abuse, and for other purposes.
Sponsor: Rep. Ted Lieu (D-CA)
H.R. 5066
A bill to repeal the Gun-Free School Zones Act of 1990 and amendments to that Act.
Sponsor: Rep. Thomas Massie (R-KY)
H.R. 5074
A bill to amend title V of the Public Health Service Act to direct the Center for Mental Health Services to develop and disseminate a strategy to address the effects of new technologies on children’s mental health.
Sponsor: Rep. Bryan Steil (R-WI)
H.R. 5075
A bill to prohibit the award of Federal education funds to educational institutions and agencies that do not allow for religious exemptions to vaccination requirements, and for other purposes.
Sponsor: Rep. Gregory Steube (R-FL)
H.R. 5076
A bill to codify Executive Order 14322 (relating to college sports revenue and athlete compensation).
Sponsor: Rep. Gregory Steube (R-FL)
H.R. 5084
A bill to amend the Higher Education Act of 1965 to provide undergraduate student loan forgiveness for public school teachers who provide 8 years of consecutive teaching service.
Sponsor: Rep. Cleo Fields (D-LA)
H.R. 5116
A bill to require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child's gender transition in any form, and for other purposes.
Sponsor: Rep. Mary Miller (R-IL)
H.R. 5121
A bill to modify the criteria for recognition of accrediting agencies or associations for institutions of higher education.
Sponsor: Rep. Elise Stefanik (R-NY)
H.R. 5124
A bill to amend the Child Care and Development Block Grant Act of 1990 to include certain safety requirements, and for other purposes.
Sponsor: Rep. Ritchie Torres (D-NY)
H.R. 5128
A bill to amend the Richard B. Russell National School Lunch Act to lower the minimum identified student percentage for universal meal service in high poverty areas to 25 percent, and for other purposes.
Sponsor: Rep. Laura Gillen (D-NY)
H.R. 5149
A bill to prohibit male students from participating in female sports at schools operated by the Department of Defense Education Activity, and for other purposes.
Sponsor: Rep. Nancy Mace (R-SC)
Introduced in the Senate:
S. 2700
A bill to improve transparency and accountability for Federal student loan borrowers.
Sponsor: Sen. Jon Husted (R-OH)
S. 2702
A bill to require local educational agencies, State educational agencies, and other governmental education entities to respect the rights of parents regarding gender transition, and for other purposes.
Sponsor: Sen. Jim Banks (R-IN)
S. 2707
A bill to amend the Food and Nutrition Act of 2008 to exclude certain student income from eligibility determinations, and for other purposes
Sponsor: Sen. Jon Husted (R-OH)
S. 2717
A bill to amend the Food and Nutrition Act of 2008 to allow for deductions of student loan payments from income.
Sponsor: Sen. Peter Welch (D-VT)
S. 2720
A bill to provide technical assistance and grants for faith-based organizations, institutions of higher education, and local governments to increase the supply of affordable rental housing, and for other purposes.
Sponsor: Sen. Mark Warner (D-VA)
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