On March 20, 2025 President Trump signed a long-anticipated Executive Order titled Improving Education Outcomes by Empowering Parents, States, and Communities that directs the Secretary of Education to “take all necessary steps to facilitate the closure of the Department,” as permitted by law. At the same time, the order says that the secretary. Must “ensur[e] the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”
Shutting down the agency requires Congressional approval, which seems unlikely given the current political makeup of Congress—Republicans are short of the required 60 votes in the Senate.
ED’s press release reiterated that the Department will “continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs.” ED also said the Department will follow the law by working with Congress to “eliminate the bureaucracy responsibly.”
What does this EO mean for civil rights in schools? Right now, not much. Remember that the statutes and regulations have not changed and are not easy to undo. In fact, OCR also announced March 20 that it launched three Title IX investigations. This month the Department continued to announce investigations and continued enforcement under Title VI as well. It may be that with the slashing (or closure) of the Department, there is a backlog for enforcement, leading more complainants to file lawsuits or seek relief in state civil rights offices.
The order also reiterates that the Secretary of Education must ensure rigorous compliance with federal law and this administration’s policies in the allocation of federal funds, “including that any program or activity receiving Federal assistance terminate illegal discrimination obscured under the label ‘diversity, equity, and inclusion’ or similar terms and programs promoting gender ideology.”
That reminder comes on the heels of news about federal funding pauses (and restoration) for schools transgender athletes’ participation in sports.
At this time, we have not seen federal efforts to challenge school policies that protect against discrimination and harassment based on sexual orientation or gender identity. Often these protections are in compliance with state nondiscrimination laws as well as Title VII for employees and applicants.
Grand River Solutions continues to monitor federal updates and distill how they impact the work of civil rights professionals on campus. Join us Tuesday March 25 for Calm in the Chaos: Practical Guidance for Campus Civil Rights Professionals. Every Tuesday, starting March 25 at 11am PDT/ 2pm EDT. Sign up for The River Connect on LinkedIn.