NAGC Public Policy Update
By John Segota, MPS, CAE, Executive Director
It’s a time of change in Washington, DC, with the start of a new administration and a new Congress. To help keep members and the field apprised of the latest developments, NAGC is launching a new blog series that will provide updates on developments impacting gifted and talented education and education policy more broadly.
The start of President Trump’s second term and the new Congress has resulted in tremendous activity in Washington, DC, far more than is typical for the start of a new administration. The volume of Executive Orders signed by the President in his first few weeks in office is unprecedented. The long-term impact of these orders is still being determined, as many of them are being challenged in court. NAGC will continue to monitor developments and analyze them for their impact on gifted and talented students and education. In the meantime, here is a summary of other major developments over the past several weeks related to education policy.
President-Elect Names McMahon as Secretary of Education
In November, then-President-elect Donald J. Trump selected Linda McMahon to head the U.S. Department of Education. Before actively working on his campaign, McMahon chaired the America First Policy Institute, a conservative policy group. American First has provided leadership training, developed staffing strategies, and created policy frameworks for all federal agencies. It also emphasizes the expansion of school choice and micro-schools. A statement regarding her nomination highlighted that "Linda will fight tirelessly to expand ‘choice’ to every State in America, and empower parents to make the best education decisions for their families." McMahon’s previous experience includes heading the U.S. Small Business Administration during Trump’s first term and serving as chief executive of World Wrestling Entertainment. As of January 31, a hearing had not been scheduled to confirm her nomination. In the meantime, the President has named Denise Carter, who was serving as the chief operating officer of the department’s Office of Federal Student Aid, as the acting secretary.
Memo from Trump Administration Temporarily Freezes Federal Funding
A January 27 memo issued to federal agencies by the White House’s Office of Management and Budget (OMB) instructed the freezing of “all activities related to the obligation or disbursement of all Federal financial assistance… to the extent permissible under current law.” The freeze was intended to give agencies time to ensure compliance with the Executive Orders (EO) issued by President Trump -including the EO issued on January 20 regarding an elimination of funding targeting programs or offices that support diversity, equity, inclusion, and accessibility (DEIA). While it is consistent that a new Administration evaluates existing funding agreements to ensure the alignment of priorities, it is unprecedented to halt federal funding in that process. This move resulted in some federal agencies closing funding portals, caused confusion about whether existing federal contracts would be honored, and created a general sense of panic among stakeholders that receive federal funds. By midday Tuesday, a federal judge had issued a ‘stay’ on enforcement of the memo, and by the end of the day, OMB had rescinded the memo itself. However, the underlying directive to evaluate all current funding and ensure its alignment with Executive Orders is still active as agencies evaluate and report to OMB the details of current federal funding obligations.
National Reading and Math Outcomes Released
According to results from the National Assessment of Educational Progress (NAEP) released on January 29 by the National Center for Education Statistics (NCES), Grade 4 math scores improved between 2022 and 2024, a two-point gain that follows a 5-point decline from 2019 to 2022 and eighth-grade scores in math showed no significant change. In reading, scores dropped in both fourth and eighth grades since 2022, continuing declines first reported in 2019. “Overall, achievement has not returned to pre-pandemic performance,” NCES Commissioner Peggy G. Carr said. “Where there are signs of recovery, they are mostly in math, driven by higher-performing students. Lower-performing students are struggling, especially in reading.”
Read the NCES press release here.
Office for Civil Rights Reverts to 2020 Title IX Rule
To support the President’s Defending Women Executive Order (EO), a Dear Colleague Letter (DCL) was issued on January 31 by Acting Assistant Secretary for Civil Rights Craig Trainor announcing that effective immediately, the U.S. Department of Education’s (ED) Office for Civil Rights (OCR) will revert to the provisions of 2020 Title IX Rule. Trainor cited the U.S. District Court for the Eastern District of Kentucky decision that vacates the 2024 Title IX Rule, which provided for “gender identity,” a category that runs counter to the EO to acknowledge only two genders —birth assignment as male or female. Because the reversion to the 2020 Title IX Rule subverts requirements under the Administrative Procedures Act -a federal law requiring agencies to follow a "notice-and-comment" rulemaking process when developing or revising regulations, the process to implement the DCL is unclear.
Read the Dear Colleague Letter here.
Guidance Issued to Help States Target Title II Funds in Support of Educators
In December, the U.S. Department of Education (ED) released guidance titled Using Title II, Part A Funds to Strategically Support Educator Recruitment, Retention, Professional Learning, and Improved Student Outcomes. This resource supports state and local planning by outlining how Title II, Part A funds -available to states by formula under the Every Student Succeeds Act- can be used to implement evidence-based policy strategies from the ED’s Raise the Bar: Lead the World initiative that aims to address educator shortages and ensure educators and students have the tools to succeed. Title II, Part A funds may be used, among other purposes, to enhance compensation and improve working conditions, develop, refine, and expand pathways into the teaching profession, support induction programs and ongoing professional development, facilitate educator leadership and career advancement, and advance educator diversity.
Read the guidance here.
President Issues Executive Orders on Education
On January 29, the President issued several Executive Orders specifically focused on education. The first, on “educational freedom,” directs the U.S. Department of Education to take measures to support parental rights and school choice, including issuing guidance on how states can use federal formula funds to support school choice, placing educational freedom as a priority for discretionary grants, and directing the Secretary of Health and Human Services to expand choice in block grants to States for family and children services.
Read the EO here.
The second Executive Order, Ending Radical Indoctrination in K-12 Schooling, condemns practices that it defines as fostering division, identity-based victimization, and challenges to family unity. Specifically, the Executive Order focuses on aspects of race and gender and also emphasizes support for patriotic education. Within 90 days, the federal agencies involved must develop strategies to eliminate funding for discriminatory ideologies, protect parental rights, and prevent unauthorized social transitions.
Read the EO here.
