President Trump Issues Executive Order Entitled “Ending Radical Indoctrination in K-12 Schooling”

On January 29, 2025, President Trump issued an executive order entitled “Ending Radical Indoctrination in K-12 Schooling.” Contending that students are being indoctrinated with “anti-American, subversive, harmful, and false ideologies,” the order pledges to protect parental rights, eliminate discriminatory programs, and promote a more positive vision of American history.

What the Order Says

The order begins by stating that schools have strayed from their mission to provide a rigorous education and instill an appreciation for our nation and its values. It indicates that, instead, students have been forced to accept a particular worldview that erodes critical thinking, sows confusion and distrust, and diminishes individual agency and parental authority. The order focuses heavily on gender identity and diversity, equity, and inclusion initiatives, incorporating the definitions related to sex and gender that first appeared in President Trump’s January 20 executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” and setting forth additional definitions for “discriminatory equity ideology,” “patriotic education,” and “social transition.” “Discriminatory equity ideology,” for instance, is defined in the order to mean “an ideology that treats individuals as members of preferred or disfavored groups, rather than as individuals, and minimizes agency, merit, and capability in favor of immoral generalizations.”

At the heart of the order is a directive to the Secretaries of Education, Defense, and Health and Human Services (in consultation with the Attorney General) to provide the President with recommendations for:

• eliminating federal funding and support for “illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology” and
• protecting parental rights, pursuant to the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA), consistent with the purpose of the order.

This “Ending Indoctrination Strategy” will identify federal funding that supports the “instruction, advancement, or promotion of gender ideology and discriminatory equity ideology” in K-12 curriculum, instruction, programs, and activities, as well as in teacher education, certification, licensing, employment, and training.

The recommendations from the Secretaries for Education, Defense, and Health and Human Services must also address each agency’s process to prevent or rescind federal funds, “to the maximum extent consistent with applicable law,” from being used to directly or indirectly support or subsidize (1) the social transition of a minor student; (2) interference with parents’ rights under FERPA or the PPRA; and (3) a violation of Title VI or Title IX (as it is now being interpreted by the U.S. Department of Education).

The order directs the Attorney General to coordinate with state attorneys general and local district attorneys to “enforce the law and file appropriate actions” against teachers and school officials who break the law by “(i) sexually exploiting minors; (ii) unlawfully practicing medicine by offering diagnoses and treatment without the requisite license; or (iii) otherwise unlawfully facilitating the social transition of a minor student.” 

Finally, the order reestablishes the President’s Advisory 1776 Commission, which will work within the U.S. Department of Education to promote “patriotic education” and support various history and civic education initiatives.

What It Means for Schools

First, it is important to note that the order does not require schools or school districts to take any immediate action. Rather, the order tasks various executive branch officials with developing recommendations for the President’s consideration. We recognize, however, that this and other recently issued executive orders have created significant tension—and, in some areas, even conflict—between federal directives and state law.

For instance, although Title IX is not the focus of this order, recently announced changes to how Title IX will be interpreted and enforced will likely require some policies to be revised or reframed. At a minimum, school districts that previously made changes to their Title IX policy and regulations to comply with the federal Title IX regulations that went into effect on August 1, 2024 will need to transition back to (or revise their policies to align with) Title IX policy and regulations that are based on the 2020 federal regulations.

At the same time, board members, school officials, and educators should keep in mind that Connecticut law protects students against discrimination based on sexual orientation and gender identity or expression. In addition, the State Department of Education has issued guidance addressing civil rights protections and supports for transgender and gender-diverse students, including guidance regarding the use of names and pronouns, as well as bathroom facilities, consistent with a student’s gender identity. Similarly, the Connecticut Commission on Human Rights and Opportunities has directed that schools must treat students in a manner that is consistent with and respectful of their gender identity. Notwithstanding this executive order or the federal administration’s approach to Title IX enforcement, these state-level protections remain in place. We also note that the sexual exploitation of minors and the practice of medicine without a license are already prohibited by law, and that the legal theory that would support a federal prosecution for “unlawfully facilitating” a social transition is unclear.

In the area of diversity, equity, and inclusion, Connecticut school districts are subject to a variety of state and federal civil rights laws prohibiting discrimination, as well as a state requirement to develop and implement plans to increase educator diversity. Harmonizing legal obligations under the various federal and state statutes has caused school districts to think carefully about their practices in the past – a balance that may require additional analysis depending on future developments at the federal level. We anticipate that the state may provide additional guidance to districts as they seek to understand the impact of this executive order and any future developments.

In short, many questions remain unanswered, and we need to examine what impact, if any, these continuing legal developments will have on our interpretation and application of federal laws that sometimes intersect with legal issues related to gender identity and expression and diversity, equity, and inclusion more broadly.

The issues raised in this order implicate a complicated patchwork of federal and state laws, regulations, and policies. We anticipate that various provisions of the order, particularly those attempting to impose conditions on federal funding, will be challenged by public and private entities and that the scope of federal authority over K-12 education will be litigated as we move forward. Although we cannot predict how these questions will be resolved, we will continue to monitor developments and provide guidance as the implications for school districts become clearer. During this interim period, meanwhile, we encourage school and district officials to review their existing policies, identify any areas of concern, and consult legal counsel with any questions.