In 2025, the Trump administration introduced drastic policy changes to the U.S. Department of Education (DOE) affecting K-12 schools and colleges nationwide. As interpreted by most institutions, these proposals require abandoning diversity, equity, and inclusion (DEI) initiatives, threaten schools’ access to federal funding, and demand educational shifts with seemingly unclear steps for implementation.
With federal guidance constantly in flux, it’s understandable that school administrators feel a sense of confusion and whiplash. Here are some of the areas of concern that current DOE actions for Title IX professionals should understand:
Dismantling DEI Initiatives
In February, DOE issued a Dear Colleague Letter instructing schools to eliminate all DEI initiatives and programs by March 1 or risk losing their federal funding. The Department removed DEI references from public communications and internal operations and declared those initiatives “illegal” and “wasteful.”
Soon thereafter on March 1st, DOE issued Frequently Asked Questions about Racial Preferences and Stereotypes under Title VII of the Civil Rights Act, FAQs. Of note, the FAQs did mention certain clear violations such as separate housing, programs and graduation ceremonies where students are separated by race or national origin. While some additional guidance was included in this letter, many questions remain about how to successfully navigate this changing landscape.
DOE guidance issued on April 3 ordered all K-12 schools to certify that they’re following civil rights laws including ending DEI practices and programs within ten (10) days in order to receive ongoing federal funding. This directive appears to continue to threaten schools with loss of federal funding. On April 9, an agreement halted this certification requirement and DOE agreed to not take any action at least until April 24th.
Responses by colleges whose funding has been challenged have been varied. Columbia agreed to the Trump administration’s demands after losing $400 million dollars in funds while Harvard filed a lawsuit rebuking the administration’s requirement to submit all antisemitism and anti-Muslim bias reports. The American Association of Colleges and Universities (AAC&U) released a letter opposing the government’s “overreach,” which has now been signed by hundreds of college presidents. Some schools, however, including the Ohio State University, shuttered its DEI offices after the release of February’s Dear Colleague Letter.
Ongoing Legal Battles
These education policies and directives have ignited an ongoing series of legal battles. Opponents argue that the DEI ban stifles academic freedom, imposes vague and unattainable requirements, and attempts to control state education. Notably, the administration has repeatedly emphasized releasing federal oversight and returning education to the states, especially in its push to close the DOE.
On April 24, federal judges in New Hampshire and Maryland found that Trump’s anti-DEI executive order violated procedural standards of the first amendment, pausing the directive until the cases resolve.
A separate NAACP lawsuit blocked the department from requiring that schools certify their elimination of DEI programs, threatening to revoke their federal funding. The court ruled that the claim that the certification was unconstitutionally vague was likely to be successful, and thus paused the enforcement of the requirement.
The Maine DOE informed its school districts that it will not certify Title VI compliance. The department said it informed the OCR that it currently complies with and will continue to comply with Title VI but that signing the certification would “bind the Maine DOE to language of executive orders or other federal guidance without the force of law, and that lacked clarity regarding what was, or was not, prohibited.”
Implications for Title IX Professionals
Amidst these ongoing lawsuits, executive orders, and murky messaging, Title IX professionals’ best course of action, as always, is to follow current law. Title IX Teams should continue to stay informed and plan for rapid evolution, much of which will develop through legal proceedings. 2020 Title IX Regulations are still considered law, and any concrete changes to them will take several years as proven by past administrations.
How We Can Help
As Title IX professionals stay informed of all Title IX updates and prepare for their impact, Title IX Consult can help keep your schools compliant. For general up-to-date Title IX information and how it affects you and your institution, join us for Title IX Thursdays on the first Thursday of every month. For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].