In Part Two of our Executive Order Analysis, KingSpry’s Managing Partner and Education Law Attorney, Jessica F. Moyer, Esq., reviews President Trump’s latest Executive Order, “Expanding Educational Freedom and Opportunity for Families”, and details how schools can proactively prepare for its implications.
Details of the Executive Order
On January 29, 2025, President Trump signed “Expanding Educational Freedom and Opportunity for Families” (the “Executive Order”) in support of universal K-12 scholarship programs that allow families “to choose the best educational setting for their children.” The Executive Order establishes that it is the policy of President Trump’s Administration “to support parents in choosing and directing the upbringing and education of their children.”
Call to Action
While the Executive Order does not require or mandate schools to take action, it requires several Federal departments to prepare and provide information, as follows:
State-based K-12 Educational Choice. By March 30, 2025, the Secretary of Education must issue guidance regarding “how States can use Federal formula funds to support K-12 educational choice initiatives”. The Executive Order does not address how said guidance will be issued or where it will be published.
Discretionary Grant Programs. By April 29, 2025, the Secretary of Education and the Secretary of Labor must review their respective discretionary grant programs and submit plans to President Trump that identify, evaluate, and make recommendations “regarding using relevant discretionary grant programs to expand education freedom for America’s families and teachers.” Additionally, the Secretary of Education must include education freedom as a priority in discretionary grant programs.
Low-Income, Working Families. By April 29, 2025, the Secretary of Health and Human Services will issue guidance regarding “whether and how States receiving block grants for families and children from the Department, including the Child Care and Development Block Grant (CCDGB), can use them to expand educational choice and support families who choose educational alternatives to governmental entities, including private and faith-based options.” The Executive Order does not address how said guidance will be issued or where it will be published.
Military Families. By April 29, 2025, the Secretary of Defense will determine how military-connected families may use funds from the Department of Defense “to attend schools of their choice, including private, faith-based, or public charter schools.”
Additionally, by the same date, the Secretary of Defense will submit a plan to President Trump describing how to implement the use of said funds beginning in the 2025-26 school year.
Bureau of Indian (BIE) Schools. By April 29, 2025, the Secretary of the Interior will determine how students eligible to attend BIE schools may use their Federal funding “for educational options of their choice, including private, faith-based, or public charter schools.”
Additionally, by the same date, the Secretary of the Interior will submit a plan to President Trump describing how to implement the use of said funds beginning in the 2025-26 school year.
De Facto Voucher Mandate
While the President’s latest executive order does not yet commit money to private schools, the tenor of the mandate bears the unmistakeable flavor of an effort at universal vouchers. Unndoubtedly, implementation of such programs will face a maze of constitutional and legal challenges.
Bottom Line For Schools
While the Executive Order does not directly require or mandate schools to take action, we understand that school administrators, employees, students, and families may have questions regarding the recent Executive Order and how it may impact their educational community. Schools are encouraged to use all resources available to them to keep current on these rapidly-evolving developments that may have profound impact on education, both public and private.
