In his first weeks in office, President Donald Trump has issued a number of executive orders and other policies involving schools.

Immigration enforcement: The ban on immigration enforcement in “sensitive areas” such as schools was rescinded via an executive order. NAESP published guidance for school leaders regarding immigration agents visiting school campuses. (Review the guidance at www.naesp.org/blog/a-new-ice-age-in-federal-immigration-law-enforcement.)

School choice: Trump’s executive order on school choice directs the Department of Education to provide guidance to states about how they can use formula funds to support K-12 scholarship programs. It also will prioritize discretionary grant programs that promote school choice. It also directs the Department of Defense and the Department of Interior to develop plans that would allow the students they serve via Department of Defense Education Activity schools and Bureau of Indian Affairs to use school choice.

Radical indoctrination: This executive order on ending radical indoctrination in K-12 schooling directs the secretary of education to create a plan to eliminate “Federal funding or support for illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology.” It also requires an analysis of all federal funding that in any way supports “the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology” in a K-12 curriculum, instruction or program; K-12 teacher education, licensure, or training; and, a process to prevent or rescind federal funds from a state, district, or school. This same executive order also re-establishes the commission created during Trump’s first term to promote patriotic education in advance of the nation’s 250th anniversary and emphasizes compliance with the existing law for schools to provide age-appropriate instruction about the Constitution on Sept. 17, “Constitution Day.”

The U.S. Department of Education also re-instated the Title IX 2020 guidance that was in effect during the first Trump administration.

The U.S. Office of Management and Budget issued a series of memos to pause federal funds pending a review of the program and activities involved. A follow-up memo clarified that the pause only applied to programs referenced in accompanying executive orders and did not apply to funding delivered to individuals, while a third memo rescinded the previous two memos.

School leaders report an increase in questions and confusion about the status of education funding for states and districts. While no funds appear to be currently affected, the executive orders and Office of Management and Budget memos have caused concern among state and district leaders about future funding availability and funding levels.

The Senate Health, Education, Labor and Pensions (HELP) Committee held its confirmation hearing for secretary of education nominee Linda McMahon. Here are several key takeaways from her hearing:

• Nothing was said or done that will derail her expected confirmation to lead the department. Her confirmation vote is likely when the Senate returns to session the week of Feb. 24.
• Regarding the president’s desire to abolish the Department of Education, she agreed that abolishing the department requires an act of Congress. She did note there are actions to downsize the department that do not require congressional approval. McMahon said it is not President Trump’s intention to end education funding, only to make the department more efficient. “Defunding is not the goal,” she said.
• She said that the federal government should not dictate curriculum but had some difficulty when pressed about specific classes, clubs, and activities that may or may not run afoul of the administration’s executive order to end indoctrination in K-12 schools. She said she would have to take a closer look at this issue when she becomes secretary.
• Several times she said she would look at moving IDEA to the Department of Health and Human Services (HHS) and noted the program resided in the old Health, Education, and Welfare (HEW) Department when it was first created.

Separately, Kirsten Baesler, the state superintendent in North Dakota, has been nominated to be assistant secretary for elementary and secondary education in the Department.

Penny Schwinn, the former commissioner of education in Tennessee, was nominated as deputy secretary. Other staff appointments are also being made.

Other items

• The National Assessment of Educational Progress (NAEP) results in fourth and eighth grade reading and math generally showed students in the highest achieving levels (90th and 75th percentiles) making gains or holding steady while students in the lowest achieving levels (10th and 25th percentiles) saw declines.
• The Supreme Court will be hearing two K-12 education related cases this spring. One is about the ability of parents to opt-out of curriculum that is at odds with their religious beliefs. The second case is about the constitutionality of a religious-based charter school.
• There are states that are moving forward with statewide voucher programs and other states that are advancing pilot voucher programs that are getting traction.