Facing the threats to Public education
From refusing to release promised funds to K-12 public schools, to vague threats demanding the removal of DEI programs, to ICE abductions causing deep fear particularly among immigrant students and families, the reality of the Trump Administration’s implementation of Project 2025 is making its way into our public schools and communities. It is happening now. “Trump and his Project 2025 plan will be felt in every corner of Maryland—urban, rural, or suburban; blue, red, or purple. We have to work even harder to do all we can to strengthen and protect our commitment to students,” said MSEA President Paul Lemle.
“Trump and his Project 2025 plan will be felt in every corner of Maryland—urban, rural, or suburban; blue, red, or purple. We have to work even harder to do all we can to strengthen and protect our commitment to students.”
— MSEA President Paul Lemle
What’s Legal? What’s Not? Every day seems to bring fresh confusion and chaos from Washington, D.C. Rounds of lawsuits often follow the president’s actions, which pay little heed to precedent, process, or the actual power of his office. That makes it more important than ever to cut through the noise and determine what is posturing, and what is legal and could have a real impact on our schools. Many of the Trump Administration’s executive actions are in direct conflict with existing law and NEA has taken legal steps to curb unlawful efforts that threaten the rights of students, parents, and educators.
U.S. Department of Education The Trump Administration has aggressively moved to dismantle the U.S. Department of Education (USDE), issuing an executive order on March 20 that instructs the Secretary of Education to take “all necessary steps to facilitate the closure of USDE and return education authority to the states.” This directive follows a 50% reduction in USDE’s staffing, along with the termination of $1.5 billion in contracts and grants, rendering many offices non-functional.
Is it legal? No. Since the education department was created by statute, only Congress can actually dismantle it—an executive order alone cannot dissolve the department. Actions to dismantle the department exceed the constitutional authority of the executive branch and violate the federal Administrative Procedure Act. On March 24, NEA, NAACP, and a coalition of education, civil rights, and school employee groups including the Prince George’s County Educators’ Association, filed a lawsuit asking the federal district court in Maryland to immediately halt the government’s attempt to dismantle USDE. The lawsuit argues that actions to dismantle USDE exceed the constitutional authority of the executive branch, and that staff cuts have left the agency unable to carry out many of its mandated functions and put student civil rights in jeopardy.
DEI Programs On February 14, USDE published a “Dear Colleague” letter warning schools that they could lose federal funding for advancing diversity, equity, and inclusion (DEI). The letter claims, without evidence, that discrimination exists “in every facet of academia” and condemns DEI programs for promoting discussions of systemic racism. Schools were given until February 28, 2025 to comply with the directive or risk losing federal funding.
Editor’s note: Since the April edition of ActionLine went to press, the Trump administration was handed a heavy blow to its assault on diversity, equity, and inclusion in not only public education, but on how we as a union help equip members to best support the needs of our diverse student population. NEA won on EVERY claim!
The District Court of New Hampshire determined that Plaintiffs were likely to succeed on their claim that the February 14 Letter is impermissibly vague. Read below for an explanation of USDE’s “Dear Colleague” letter and click here for a summary from MSEA General Counsel Kristy Anderson of the April 24 court order regarding the NEA, NEA-NH, et. al. v. Department of Education, et. al. suit to pause the effects of “Dear Colleague” letter issued by USDE.
Is it legal? No. On NEA, along with the ACLU, has filed suit challenging the letter as unlawfully vague. The lawsuit argues that USDE exceeded its authority, using the letter to violate the First and Fifth Amendments and suppress academic freedom. Educators are already feeling the chilling effects of USDE’s overreach and have reported growing fears of disciplinary action for teaching honest and inclusive curricula. These restrictions on free speech coerce schools into self-censorship and create uncertainty, risking arbitrary enforcement that negatively impacts academic freedom. The letter also imposes new legal obligations without proper procedure, contradicting long-standing civil rights precedent and misinterpreting U.S. Supreme Court rulings on affirmative action.
LGBTQIA+ Protections On his first day in office, Trump issued an executive order mandating that federal agencies recognize only two genders based on biological sex at conception. He later signed an executive order banning transgender and intersex athletes from female sports teams and facilities. This followed another “Dear Colleague” letter, which included stripping away the Biden Administration’s explicit protections for LGBTQIA+ students.
Is it legal? No. An executive order can’t change federal civil rights laws or overrule court decisions interpreting those laws. Existing legal precedent affirms that Title IX’s protections extend to transgender individuals, and schools that impose blanket bans on transgender athletes or revoke gender-affirming accommodations may still face legal challenges under existing laws.
On January 29, Trump signed an executive order directing federal agencies to develop a plan to eliminate funding used in K-12 schools to support “equity” and “gender ideology.” It echoes a similar 2020 executive order that courts deemed impermissibly vague. Most notably, it instructs the attorney general to coordinate with prosecutors to take legal action against educators who allegedly violate parental rights—particularly those who support transgender students in socially transitioning.
Is it legal? No. As NEA explains, federal law does not criminalize the support of transgender students. How schools support gender-diverse students rests entirely on what state/local laws and district policy require; the president does not have authority to direct states and local authorities otherwise.