Federal Legislative Report 119-02

Delivered via email: March 3, 2025

NOTICE TO IASB MEMBERS REGARDING FEDERAL NEWSLETTERS 

With the federal landscape rapidly changing on a daily basis, IASB is working to provide you with the most up-to-date information possible. This information is current as of the date listed above. However, new information, including possible lawsuits filed and court rulings, may occur after such updates and impact the content of the newsletters. 

Trump Administration Federal Funding Freeze 

Last month, within days of President Trump taking office, the Office of Management and Budget (OMB) issued a memorandum ordering a “temporary pause” of federal agency grants, loans, and other financial assistance related to foreign aid and diversity, equity, and inclusion initiatives. The OMB order sparked concern among federal and state agencies, schools, hospitals, and nonprofits that rely on federal funding to serve the public. Over the past month, the order has spurred legal challenges that have led to the issuance of court orders lifting the federal funding freeze. However, on February 25, Governor Pritzker sent a letter to OMB detailing that despite the court orders, the federal government has continued to withhold $1.88 billion in federal funds from Illinois. In his letter, Governor Pritzker asked for the legal basis for continuing to withhold funds, as well as the steps that will be taken to ensure that this issue does not occur again. The full letter can be accessed at The State of Illinois Newsroom. 

While the freeze impacted several federally approved funds in Illinois and across the country, it has not impacted Titles I, II, and IV of the Every Student Succeeds Act (ESSA). These funds are “forward funded,” which means the states have already received their FY 2025 funds owed through July 1, 2025. However, other educational programs that do not affect K-12, such as the Institute of Education Sciences and childcare providers through Head Start Programs, were impacted. 

Secretary Of Education Nominee 

On February 20, President Trump’s Department of Education nominee Linda McMahon passed the Senate Health, Education, Labor, and Pensions committee. The committee voted along party lines (12-11) to approve McMahon’s nomination and send her confirmation to the Senate floor for the full body to consider. McMahon led the Small Business Administration in the previous Trump term and was the co-founder and former Chief Executive Officer of World Wrestling Entertainment, Inc. (WWE). She is also the chair of the America First Policy Institute, a non-profit research institute that advocates for expanding school choice.

President Trump’s Executive Orders 

During the new administration’s first month in office, President Trump signed over 70 executive orders (EOs). Many of these orders have been challenged legally. The ones that may impact K-12 public education include: 

Ending Radical Indoctrination in K-12 Schooling – The purpose of the EO is to cut federal funding for schools that teach “gender ideology and critical race theory.” It directs the Attorney General to work with local officials to take legal action against educators and school officials accused of facilitating a minor’s gender transition. It requires cabinet members, in consultation with the Attorney General, to provide an “Ending Indoctrination Strategy” to the President on eliminating federal funding or support for “illegal and discriminatory treatment and indoctrination” in K-12, including based on “gender ideology” and “discriminatory equity ideology.” Lastly, it reinstates the 1776 Commission to promote patriotic education, including knowledge about the Founders, the Declaration of Independence, and the Constitutional Convention. 

School Choice – The EO instructs the Department of Education to issue guidance on how states can support scholarship programs with federal funding. It requires multiple federal agencies, including the Departments of Health and Human Services, Defense, and the Interior, to expand access to private, faith-based, and alternative education options. This includes using Defense Department funds for military-connected families to choose schools outside of the Department’s system and allowing Bureau of Indian Education school families to use federal funds for education alternatives. The order also mandates a review of federal grant programs to ensure they promote school choice. 

Keeping Men Out of Women’s Sports – This EO requires the Secretary of Education to prioritize Title IX enforcement actions in educational institutions (including athletic associations composed of or governed by such institutions) that deny female students an equal opportunity to participate in sports and athletic events by requiring them, in the women's category, to compete with or against males or to appear unclothed before males. The order requires major athletic organizations and their governing bodies to promote these policies. It also convenes State Attorneys General to identify best practices in defining and enforcing equal opportunities for women to participate in sports and educate them about stories of women and girls who have been harmed by male participation in women's sports. 

Keeping Education Accessible and Ending Covid-19 Vaccine Mandates in Schools – This EO provides that federal funds should not be used to directly or indirectly support or subsidize an educational service agency, state education agency, local educational agency, elementary school, secondary school, or institution of higher education that requires students to have received a COVID-19 vaccination as a condition of attending any in-person educational program.  

Protecting American People Against Invasion – This EO declares it is “the policy of the United States to faithfully execute the immigration laws against all inadmissible and removable aliens, particularly those aliens who threaten the safety or security of the American people.” It requires the Secretary of Homeland Security to take all appropriate action to enable the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, and the Director of U.S. Citizenship and Immigration Services to set priorities for their agencies that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal. 

On January 21, the Illinois State Board of Education issued non-regulatory guidance indicating that districts should work with their board attorneys to develop procedures to follow should immigration authorities seek to gain access to their schools or other records. 

The Department of Homeland Security (DHS) issued a directive on January 20, “Enforcement Actions in or Near Protected Areas,” acknowledging the ability of DHS law enforcement personnel to apply enforcement discretion to balance a variety of interests, including the degree to which law enforcement actions occur in protected areas. On January 31, U.S. Immigration and Customs Enforcement (ICE) issued a directive, “Common Sense Enforcement Actions in or Near Protected Areas,” stating it is now ICE agents’ responsibility to make case-by-case determinations regarding whether, where, and when to conduct an immigration enforcement action in or near a protected area, including schools. 

On February 5, the Department of Justice issued a memo, “Sanctuary Jurisdiction Directives,” stating that state and local jurisdictions "may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, [federal immigration officers] information regarding the citizenship or immigration status, lawful or unlawful, of any individual." So-called "sanctuary jurisdictions" include state or local jurisdictions that refuse to comply with 8 U.S.C. § 1373, refuse to certify compliance with § 1373, or willfully fail to comply with other applicable federal immigration laws.” 

In response to these changes in federal policy on immigration, the Illinois Council of School Attorneys (ICSA) is working to update its Guidelines for Interviews of Students at School by Law Enforcement Authorities in March 2025. IASB members will be notified when these updated Guidelines are available. 

Department of Education Dear Colleague Letter 

On February 14, the U.S. Department of Education provided a detailed letter explaining its views on discrimination based on race, color, and national origin in K-12 and higher education. The letter provided the department’s intention to enforce the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which ruled that race-based affirmative action programs in college admissions programs violate the Equal Protection Clause of the Fourteenth Amendment. The letter provides that institutions that fail to comply with the Department face potential loss of federal funding. This letter itself contains a footnote stating that the "Dear Colleague" Letter “does not have the force and effect of law and does not bind the public or create new legal standards.” In his weekly newsletter, Illinois State Superintendent Dr. Tony Sanders highlighted that footnote and stated that schools should continue teaching their curriculum, noting that Illinois prohibits discrimination against marginalized groups and Illinois law requires specific classroom instruction to be taught. 

On February 27, the Department launched a public portal for anyone to submit reports of "illegal discriminatory practices at institutions of learning.” The Department will purportedly use submissions to “identify potential areas for investigation.” 

Federal Advocacy Opportunity 

Mark your calendars for a way to get involved with federal advocacy. The Consortium of State School Boards Associations (COSSBA) is hosting its annual Federal Advocacy Conference in Washington, D.C., September 7-9, 2025. Registration is not yet open, but please contact Alie Wagner to be added to the notification list once registration opens. Visit the COSSBA website to check for the latest updates and news regarding their conferences. 

At the Federal Advocacy Conference, you will spend a day learning about how to effectively speak with your representatives, key issues, and meeting with other board members from Illinois and across the country. Then you will have an opportunity to speak with members of the House and Senate who represent your district. You should use this opportunity to advocate for what matters most for your district and hear directly from lawmakers what their positions are on different topics of interest. 

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