On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title VI, reform school discipline and higher education accreditation, promote Historically Black Colleges and Universities, and advance the integration of AI into K-12 education.
- Restoring Equality of Opportunity and Meritocracy
- Reinstating Common Sense School Discipline Policies
- Reforming Accreditation to Strengthen Higher Education
- White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities
- Advancing Artificial Intelligence Education for America’s Youth
For updates on litigation and enforcement action related to these and other Executive Orders, take a look at our Week in Review, available here.
While these Orders may not have a direct, immediate impact on employers, schools, or districts, we will continue to monitor and report on any guidance issued by executive agencies that may provide additional insight into the potential effects of the Orders on individual employers and educational institutions.
Additional information regarding these developments can be found below. As always, we encourage you to reach out to your Franczek attorney with any questions or for further information..
- “Restoring Equality of Opportunity and Meritocracy” – by Reva Ghadge
The Executive Order “Restoring Equality of Opportunity and Meritocracy” aims to eliminate the use of disparate-impact liability under Title VI of the Civil Rights Act of 1964. While the Executive Order rescinds part of the approval of the regulations authorizing federal agencies to enforce Title VI with regards to disparate-impact claims and seeks to de-prioritize enforcement of disparate-impact claims by federal agencies, it does not change existing caselaw or non-discrimination requirements for federally funded programs.
First, the Executive Order revokes approval of specific portions of the federal regulations enacting Title VI with regards to disparate-impact. Disparate impact refers to policies or practices that appear neutral on their face but disproportionately affect a protected group. The Attorney General is ordered to initiate action to amend or repeal the Title VI implementing regulations to the extent they include disparate-impact liability. The Attorney General and Chair of the EEOC must also assess pending investigations and lawsuits for action consistent with the Executive Order.
Second, the Order states “all agencies shall deprioritize” enforcing disparate-impact liability. The order directs agencies to cease enforcing both federal statutes and regulations “to the extent they include disparate-impact liability.” As the head of federal agencies, it is within the President’s purview to set their priorities and to determine enforcement priorities. However, this portion of the Order is likely to be legally challenged, as the President does not have the authority to declare sections of the U.S. Code unlawful or unenforceable.
Finally, the Attorney General is ordered to review whether the updated federal authorities preempt state laws with respect to disparate-impact claims. As more information is released regarding any state law impact of this Executive Order, we will provide updates.
Notably, the Executive Order is clear its actions are only meant to remove enforcement of disparate-impact; left untouched are the provisions regarding disparate treatment, harassment, hostile work environment, and retaliation claims.
- “Reinstating Common Sense School Discipline Policies” – by Emily Tulloch
The Executive Order “Reinstating Common Sense School Discipline Policies” seeks to address “known risks to children’s safety and well-being in the classroom” that the Administration assert “result from the application of school discipline based on discriminatory and unlawful “equity” ideology.” The Order begins by referencing a Dear Colleague letter issued in January 2014 by the Departments of Education and Justice that explained that schools could be found in violation of Title VI if their disciplinary decisions, although neutral on their face, disparately impacted students of color. The Order opines that the 2014 Dear Colleague letter “effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone.” The 2014 Dear Colleague letter was later rescinded.
In 2023, the Education and Justice Departments issued new guidance regarding school discipline, again noting that racial disparities in the issuance of school discipline may indicate violations of anti-discrimination laws. As a result, the 2023 guidance encouraged school districts to collect and analyze data regarding disciplinary practices and adjust policies or practices as needed. The Trump Administration views the 2023 guidance as “effectively reinstat[ing] the practice of weaponizing Title VI to promote an approach to school discipline based on discriminatory equity ideology.”
Accordingly, President Trump issued this Order, which requires, within the next 30 days, the Department of Education to issue guidance to local educational agencies (LEA) and state educational agencies (SEA) regarding school discipline and their obligations not to engage in racial discrimination under Title VI. It further instructs the Department to take action against any LEA or SEA that fails to comply with Title VI’s protections against racial discrimination in the application of school discipline. In addition, the Order directs the Department and the Attorney General to coordinate with state governors and state attorney generals regarding the prevention of racial discrimination in school discipline, as well as a report from various federal agencies regarding the status of “discriminatory-equity-ideology-based school discipline and behavior modification techniques in American public education.”
While this Order does not have an immediate impact on school districts, we will continue to monitor and report on the potential effects of this Order on individual educational institutions.
- “Reforming Accreditation to Strengthen Higher Education” – by Jared Costanzo
The Executive Order “Reforming Accreditation to Strengthen Higher Education” is intended to reshape the accreditation landscape and to recognize new accreditors for higher education institutions, while launching investigations into current accreditors for alleged unlawful discriminatory practices.
Accreditor initiatives focused on diversity, equity, and inclusion efforts are a primary target of the Order. The Order notes that some accreditors have required institutions seeking accreditation to adopt diversity, equity, and inclusion standards. These standards, according to the Order, are unlawful discrimination. The Order directs Secretary of Education McMahon to hold “accreditors accountable for unlawful actions” by denying, monitoring, suspending, or terminating accreditation recognition to those accreditors “who fail to meet the applicable recognition criteria or otherwise violate federal law,” including by requiring institutions that seek accreditation to engage in “diversity, equity, and inclusion” initiatives.
The Order also takes aim at law schools, medical schools and medical education entities by directing Attorney General Pam Bondi and McMahon to investigate and “take appropriate action to terminate unlawful discrimination” by law schools, medical schools and medical education entities, including “unlawful” diversity, equity and inclusion requirements “under the guise of accreditation standards.” The Secretary of Education has also been directed to assess whether to suspend or terminate accrediting agency status for law school and medical school accreditors, such as the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar and the Liaison Committee on Medical Education.
Among other duties, the Order further directs Secretary McMahon to recognize new accreditors, mandate that accreditors “require member institutions to use data on program-level student outcomes” without “reference to race, ethnicity, or sex,” provide to accreditors findings on non-compliance following investigations by the Office of Civil Rights pursuant to Title VI of the Civil Rights Act of 1964 or Title IX, “increase the consistency, efficiency, and effectiveness of the accreditor recognition review process,” and to streamline the process for higher education institutions to change accreditors.
- “White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities” – Brittany Begley
The Executive Order “White House Initiative to Promote Excellence and Innovation of Historically Black Colleges and Universities” affirms the continued commitment to elevating the “value and impact” of Historically Black Colleges and Universities (HBCUs) begun during the President’s first term, emphasizing their importance to American students.
The Order establishes a White House initiative led by President Trump and centralized within the Executive Office. The Initiative will partner with executive departments and agencies, the newly established (through the issuance of this Order) President’s Board of Advisors on HBCUs, private-sector employers, educational associations, philanthropic organizations, and others to provide education for a growing number of students attending HBCUs. This Initiative will have two main responsibilities; increasing private-sector involvement and enhancing HBCU’s ability to provide education for students. The Order provides a number of means through which these goals will be achieved including supporting implementation of the HBCU Partners Act, promoting research and program development, improving affordability and retention, and creating pipelines for students to attend HBCUs.
Additionally, the Order stipulates that the Department of Education will be responsible for funding and administrative support as it pertains to the President’s Board of Advisors on HBCUs. This Board will be comprised of representatives from various areas including philanthropy, education, business, finance, entrepreneurship, innovation, private foundations, as well as current HBCU presidents. In terms of accountability, the Order states that the Executive Director of the Initiative will be responsible for submitting annual progress reports summarizing the federal government’s impact on HBCUs. Such reports will include recommendations for improvement and will be submitted to the President.
In a statement Department of Education Secretary Linda McMahon made on April 23 in response to the six education related Executive Orders issued by President Trump, she conveyed her eagerness to “elevate and support America’s HBCUs.” She further indicated the Department of Education would work with the Initiative and HBCUs to “expand partnerships and share best practices for institutions to become hubs of opportunity and economic engines for local industries and employers.”
While the Order demonstrates the President’s commitment to HBCUs, it does not impose obligations on nor issue guidance to these institutions. We will continue to monitor the impact of this Executive Order, especially surrounding the potential for any funding regarding the Initiative instituted through the Order.
- “Advancing Artificial Intelligence Education for American Youth” – by Hailey Golds
The White House continues to demonstrate its commitment to artificial intelligence (“AI”) through the Executive Order “Advancing Artificial Intelligence Education for American Youth,” directing the establishment of an AI-Education Task Force to promote public-private partnerships to foster the development of AI education. The Order follows up on previous actions focused on AI, including the Executive Order, “Maintaining American Leadership in Artificial Intelligence,” and a fact sheet on “Eliminating Barriers for Federal Artificial Intelligence Use and Procurement.”
The Order seeks to “equip educators with the tools and knowledge to train students about AI” and utilize AI in their classrooms to improve educational outcomes and ultimate “develop an AI-ready workforce.” It establishes a White House Task Force on Artificial Intelligence Education to promote the appropriate integration of AI into education, provide comprehensive AI training for educators, and foster early exposure to AI concepts and technology.
The Order directs the Task Force to establish public-private partnerships with “leading AI industry organizations, academic institutions, nonprofit entities” to develop online resources focused on teaching K-12 students foundational AI literacy and critical thinking skills. It also establishes plans for a “Presidential Artificial Intelligence Challenge” to “promote wide geographic adoption of technological advancement” and “foster collaboration between government, academia, philanthropy, and industry.”
The Order demonstrates the President’s commitment to AI, but it does not impose obligations on nor issue guidance to educational institutions for implementation. We will continue to monitor the impact of this Executive Order.
