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New Trump Administration Executive Orders Reflect Significant Policy Changes—Key Takeaways for School Administrators

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On January 20, 2025, the Trump Administration issued Executive Orders to begin implementing President Donald Trump’s policy agenda.

Below are highlights from a few of the newly enacted Executive Orders, and some initial key takeaways for K-12 and higher education administrators adapting to a shifting landscape.

Overview of Key Executive Orders

Executive Order: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

This Executive Order provides new definitions reflecting that there are only two sexes, male and female, and recognizes “women are biologically female, and men are biologically male.” The Executive Order defines “sex” as an “individual’s immutable biological classification as either male or female” and “gender identity” as “a fully internal and subjective sense of self, disconnected from biological reality and sex.”

The Executive Order establishes that all federal agencies and employees must enforce laws with respect to the definitions in the Executive Order, including using the term “sex,” and not “gender,” in policies and documents. The Executive Order also requires federal agencies to take “appropriate action to ensure” that “intimate spaces” (for example, bathrooms and locker rooms) are designated by sex and not gender identity. The Executive Order rescinds “The White House Toolkit on Transgender Equality” and other U.S. Department of Education guidance documents designed to support transgender and LGBTQI+ students. The Executive Order includes a statement that “federal funds shall not be used to promote gender ideology” and requires each federal agency to “assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.”

The Executive Order also directs agencies to rescind certain guidance concerning Title IX of the Education Amendments of 1972 (specifically, “2024 Title IX Regulations: Pointers for Implementation”). More directives are anticipated involving Title IX interpretation and enforcement.

Executive Order: Protecting the American People Against Invasion

This Executive Order provides authority for certain aspects of enforcement of the immigration laws of the United States and rescinds a number of the previous administration’s Executive Orders pertaining to immigration. The Executive Order authorizes the Attorney General to establish a Homeland Security Task Force in each state focused on elimination of criminal cartels, foreign gangs, transnational criminal organizations, and cross-border human smuggling and trafficking networks, with a particular focus on offenses involving children.

The Executive Order also directs the Attorney General and the Secretary of Homeland Security to ensure sanctuary jurisdictions do not receive access to federal funds. “Sanctuary” jurisdictions, according to the Executive Order, are those that seek to interfere with the lawful exercise of federal law enforcement operations. As noted in our separate article, the Department of Homeland Security issued a statement today rescinding the “sensitive location” guidance that protected schools from most immigration enforcement activities.

Executive Order: Ending Radical and Wasteful Government DEI Programs and Preferencing

This Executive Order reverses the Biden Administration’s efforts furthering Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” President Trump’s Executive Order authorizes the Director of the Office of Management and Budget to terminate all federal diversity, equity, inclusion, and accessibility policies (DEIA) and programs.

As part of the Trump Administration’s policy rollout, many of the Executive Orders also rescinded 78 Executive Orders from President Biden’s term.

Key Takeaways

Although these Executive Orders do not provide for immediate and specific action outside of the implicated federal agencies, schools and universities should keep apprised of federal agencies’ actions to implement the Executive Orders, remain attentive to developments in policy and litigation related to the Executive Orders, and be prepared to navigate litigation and potential federal enforcement actions that follow. Education entities should be aware of the following:

  • Litigation arising from federal agency enforcement of the Executive Orders is already underway. Schools can anticipate a more organized and efficient Trump Administration; at the same time, litigation will be filed more quickly, however, as states and advocacy groups opposing President Trump’s policies have also had experience challenging the Trump Administration’s policies in his previous term. States are particularly poised to challenge the Executive Orders or aspects of the Executive Orders in court as many states’ interests and state law requirements or state agency guidance and directives may conflict with the Executive Orders. Of course, litigation can be a long process and will not offer any quick or easy answers.
  • Executive Orders directing the cessation of federal funding are generally subject to approval by Congress and would likely be the subject of litigation in the event that Congress’s approval is obtained.
  • To the extent that there are individual rights subject to protection under already existing federal and state law that are not being enforced by federal agencies (for example, the Department of Education), we expect to see a rise in individual lawsuits seeking to protect personal interests and rights.
  • Schools should consider having a designated team with key roles (for example, Superintendent/President, General Counsel, Human Resources, Communications, Security) to be able to rapidly respond to incidents or enforcement actions that may impact the school, its campus, and community.
  • Students, administrators, faculty/teachers, employees, and families alike will also be personally impacted by some of the anticipated policy changes and enforcement actions. Schools should evaluate and make sure that responsible personnel are familiar with the school and community resources available to provide to impacted individuals as needs arise. Education entities also need to be mindful of First Amendment rights and carefully evaluate the intersection between protected expression and bullying/harassment.

We are here to help. We know these are very complex and challenging issues. Miller Nash’s education team has a deep bench of professionals here to work with education institutions as we navigate the shifting landscape together.

This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.

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