In his first two weeks in office, President Donald Trump has issued several executive orders affecting educational institutions. One order, signed Jan. 29, 2025, “Ending Radical Indoctrination in K-12 Schooling,” targets instructional practices at K-12 schools. The order aims to address concerns about the “indoctrination” of students with ideologies deemed “radical” and “anti-American.” It asserts that children have been “compelled” to “adopt identities as either victims or oppressors solely based on their skin color” or “are made to question whether they were born in the wrong body.” The order also contends that schools have perpetuated these issues by teaching or supporting “gender ideology” (defined to include the idea that gender is “disconnected from one’s sex”) and “discriminatory equity ideology” (defined to include concepts related to “critical race theory,” including unconscious bias, racial privilege and stereotyping).
In response, the order outlines a strategy to eliminate federal funding for educational practices that promote gender ideology and discriminatory equity ideology, which the Trump administration sees as contravening federal laws such as the Family Educational Rights and Privacy Act (FERPA) and Title IX of the Education Amendments of 1972.
The order highlights three main policy initiatives. First,it provides a clear picture of the Trump administration’s policy vision for more “patriotic” K-12 education. The order defines a “patriotic education” as a “presentation of the history of America grounded in: (i) an accurate, honest, unifying, inspiring, and ennobling characterization of America’s founding and foundational principles; (ii) a clear examination of how the United States has admirably grown closer to its noble principles throughout its history; (iii) the concept that commitment to America’s aspirations is beneficial and justified; and (iv) the concept that celebration of America’s greatness and history is proper.” In contrast, it rejects practices that “usurp basic parental authority” or “undermine national unity.” The order asserts that practices such as “steering students toward surgical and chemical mutilation without parental consent or involvement” or “allowing males access to private spaces designated for females” potentially violate federal laws that protect parental rights, including FERPA and the Protection of Pupil Rights Amendment (PPRA), and sex-based equality and opportunity, including Title IX. The order also suggests that instruction on concepts such as “white privilege” and “unconscious bias” promotes racial discrimination.
Second, the order mandates an “ending indoctrination strategy.” Under this strategy, the secretaries of Education, Defense, and Health and Human Services, in consultation with the attorney general, are to make recommendations for eliminating federal support for illegal and discriminatory practices in K-12 education and protecting parental rights.
The order targets any use of federal funding to (i) “directly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology”; (ii) “directly or indirectly support or subsidize the social transition of a minor student, including through school staff or teachers or through deliberately concealing the minor’s social transition from the minor’s parents”; (iii) “interfere with a parent’s Federal statutory right to information regarding school curriculum, records, physical examinations, surveys, and other matters under the PPRA or FERPA”; or (iv) violate Title VI or Title IX. The order requires a review of federal funding sources that may support such ideologies and outlines processes for rescinding federal funds, “to the maximum extent consistent with applicable law,” from educational institutions that violate these principles. Additionally, the attorney general is tasked with coordinating enforcement efforts against unlawful practices in schools, such as unauthorized medical treatment or facilitating social transitions without parental consent.
Third, the order reestablishes the President’s Advisory 1776 Commission, previously terminated by the Biden administration in 2021 through Executive Order 13985, whose mission is to advance patriotic education and support the celebration of America’s 250th anniversary of independence. It will develop initiatives such as the “Presidential 1776 Award” to recognize student knowledge of American history and coordinate educational programs related to the nation’s founding.
Existing federal statutes, including the Every Student Succeeds Act, limit federal authority to directly control K-12 instructional content. This order, however, previews how federal agencies may seek to enforce the administration’s views on gender and race-related issues through federal civil rights statutes such as Title VI of the Civil Rights Act of 1964, prohibiting discrimination on the basis of race, color and national origin, and Title IX of the Education Amendments of 1972, prohibiting sex discrimination. The U.S. Department of Education’s Office for Civil Rights (OCR) previously initiated investigations and compliance reviews of curricular exercises and activities that violated civil rights laws under the first Trump administration, and the Biden administration continued some investigations that concerned disparate treatment discrimination. Many schools are familiar with OCR, but not as familiar with the U.S. Department of Education’s Student Privacy Policy Office, which enforces FERPA and the PPRA. This executive order requires schools not to interfere “with a parent’s Federal statutory right to information regarding school curriculum, records, physical examinations, surveys, and other matters under the PPRA or FERPA.” The PPRA is not as well-known as FERPA, but the Department of Education has previously issued guidance for local education agencies to assist in their compliance with the law. K-12 schools that receive federal funding — public or private — should review their Title VI, Title IX, FERPA and PPRA policies and instructional programs to evaluate potential risks in light of this executive order.
The McGuireWoods Education Industry Team and K-12 Team continue to monitor developments. For help navigating this evolving landscape, contact any of the authors.