In the last few days, the U.S. Department of Education, under the guidance of the Secretary of Education, has been at the center of several significant developments and policy changes.
On February 4, 2025, the Office for Civil Rights (OCR) issued a Dear Colleague letter, clarifying that it will immediately enforce the 2020 Title IX Regulations. This decision follows a court ruling on January 9, 2025, by the United States District Court for the Eastern District of Kentucky, which vacated the 2024 Title IX Regulations. As a result, educational institutions receiving federal funding must revert to the definitions, procedures, and training requirements outlined in the 2020 regulations. This includes a return to the split investigator and decision-maker model and the requirement for live hearings in colleges and universities[1].
This move is part of a broader set of actions aligned with recent executive orders. On January 20, 2025, President Trump issued Executive Order 14168, which defines "sex" as an individual's immutable biological classification as either male or female, excluding the concept of "gender identity." This order aims to enforce all sex-protective laws and has implications for how schools handle gender-related issues[1].
Additionally, the Department of Education is set to establish the 1776 Commission within 120 days, as directed by another executive order issued on January 29, 2025. This commission will be part of a strategy to end what is described as "radical indoctrination" in K-12 schooling, focusing on eliminating federal funding for programs that promote gender ideology or discriminatory equity ideology. The Secretary of Education, along with other cabinet members, will provide recommendations and a plan to protect parental rights and ensure compliance with relevant laws such as FERPA and the PPRA[5].
There have also been internal changes within the Department of Education. Recent actions include placing workers on administrative leave for attending trainings promoted by former Secretary Betsy DeVos. This has raised concerns about the continuity of critical programs and the handling of sensitive student data. Senators have requested detailed information on these actions, including the steps taken to protect student data privacy and the reasons for the administrative leave or terminations of Department employees since January 20, 2025[3].
These developments highlight a significant shift in educational policy and enforcement under the current administration, with a focus on reversing previous regulations and implementing new guidelines that align with the President's executive orders. The impact of these changes will be closely watched as they unfold in educational institutions across the country.