In Part One of our Executive Order Analysis, KingSpry’s Managing Partner and Education Law Attorney, Jessica F. Moyer, Esq., reviews President Trump’s latest Executive Order, “Ending Radical Indoctrination in K-12 Schools,” and details how schools can proactively prepare for its implications.
Details of the Executive Order
On January 29, 2025, President Trump signed “Ending Radical Indoctrination in K-12 Schooling” (the “Executive Order”), directing the Secretary of Education, the Secretary of Defense, and the Secretary of Health and Human Services, in consultation with the Attorney General, to provide him with an “Ending Indoctrination Strategy” (the “Strategy”).
The Executive Order requires the Strategy to contain the following:
Recommendations. The Strategy will include recommendations and a plan for:
1. “eliminating Federal funding or support for illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology; and
2. protecting parental rights, pursuant to FERPA, 20 U.S.C. 1232g, and the PPRA, 20 U.S.C. 1232h, with respect to any K-12 policies or conduct implicated by the purpose and policy of this order.”
Summary and Analysis. Additionally, the Strategy will include a summary and analysis of “[a]ll Federal funding sources and streams…that directly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology…” This includes funds that support K-12 curriculum, instruction, programs, and activities, as well as K-12 teacher education, certification, licensing, employment, and training.
Enforcement. Lastly, the Strategy will allow the Attorney General to coordinate with state attorney generals and local district attorneys to “enforce the law and file appropriate actions against K-12 teachers and school officials who violate the law by:
1. sexually exploiting minors;
2. unlawfully practicing medicine…; or
3. otherwise unlawfully facilitating the social transition of a minor student.”
The social transition of a student refers to “the process of adopting a ‘gender identify’ or ‘gender marker’ that differ from a person’s sex.”
Reestablishing the President’s Advisory 1776 Commission
The Executive Order reestablishes the President’s Advisory 1776 Commission (the “Commission”). The purpose of the Commission is to promote “patriotic education”, among other responsibilities.
Patriotic Education Measures
The Executive Order contains a section regarding “Patriotic Education Measures”, which requires relevant agencies to ensure that all educational institutions that receive Federal funds for a fiscal year “hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.” Further, relevant agencies are instructed to prioritize Federal resources to “promote patriotic education”.
Looking Ahead
The Executive Order requires the Strategy to be presented to President Trump no later than April 29, 2025. However, the Executive Order may be challenged in Federal court, potentially delaying or negating its implementation.
Bottom Line For Schools
Legal experts generally agree that the provisions of the Executive Order push existing legal parameters. The “promotion of patriotic education” for one, pokes at the boundaries of First Amendment protections against imposing a national ideology.
While the Executive Order contains several provisions that may cause schools concern, it does not require schools to take action at this time.
Schools are encouraged to contact their legal counsel or one of the Education Law Attorneys at KingSpry to address their unique needs and concerns.
