The long-rumored plan to dismantle the U.S. Department of Education (DOE) took a formal step forward on March 20, 2025, when President Trump signed an Executive Order calling for the agency’s closure.

While headlines suggest a sweeping shake-up, the legal and practical reality is more nuanced.

Educators are navigating a fast-changing legal environment with real implications for funding, compliance and student services. While the DOE’s future is uncertain, civil rights enforcement isn’t going away — it’s being reshaped. The best defense remains clarity, consistency and inclusive practices rooted in existing law.

Yes, federal oversight is changing. No, it hasn’t disappeared.

What’s in the Executive Order?

The Executive Order (EO) directs the Secretary of Education to begin “facilitating the closure” of the department and returning educational authority to states and local communities. But for now, the DOE continues to operate — albeit under sharp political scrutiny and ongoing legal challenges.

The order does not immediately eliminate federal education funding or programming. It does, however, signal several priorities that will shape enforcement and compliance in the months ahead:

• A crackdown on DEI programs, which the order refers to as “illegal discrimination.”
• A commitment to returning control — and accountability — to the states.
• Opposition to gender identity protections, particularly for transgender student-athletes and access to facilities.

Didn’t We Just Get New DOE Guidance on Race and DEI?

Yes. Just a few weeks before the Executive Order, the DOE’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (Feb. 14, 2025) and an accompanying FAQ document (March 1, 2025) outlining how it would enforce Title VI of the Civil Rights Act in light of the Supreme Court’s decision in Students for Fair Admissions v. Harvard.

In that decision, the high court struck down race-conscious college admissions and clarified that any race-based decision-making — including in K–12 education — must survive strict legal scrutiny.

The OCR’s guidance emphasized that:

• DEI programs must be inclusive and non-discriminatory.
• Race can’t be used — even indirectly — as a factor in distributing benefits.
• Schools must avoid “proxies” for race in admissions, aid, hiring or programming.

In addition, the DOE launched an "End DEI" portal that invites public complaints regarding alleged violations.

At the same time, OCR reaffirmed that celebrating cultural or historical events (e.g., Black History Month) is permissible, so long as participation is open to all students.

So, Is the DOE Still Enforcing Anything?

The short answer is: Yes, just differently.

Enforcement is becoming more targeted, with a focus on:

• Transgender participation in athletics and access to facilities
• DEI programs perceived to “exclude” or “burden” students based on race
• Claims of discrimination against White and Asian students
• School policies seen as inconsistent with the administration’s interpretation of civil rights laws

Behind the scenes, DOE staff cuts and office closures have slowed or paused certain investigations. But OCR remains active — especially where complaints align with the administration’s stated priorities.

Practical Guidance for Schools and Educators

Amid this legal and political flux, educators still face day-to-day questions. Here’s what schools can do now:

• Audit your DEI and equity-related programming
  Ensure participation is open to all students and that programming does not treat students differently based on race or gender identity.
• Review admissions, hiring and aid policies
  Avoid using race, gender identity or any related proxies as decision-making factors — directly or indirectly.
• Prepare for scrutiny
  OCR’s complaint portal is active, and enforcement may come from a narrowed but focused OCR, with support from DOJ. Be prepared to explain how policies align with Title VI and current guidance.
• Don’t panic about the DOE closure just yet
  Many functions (e.g., federal aid, IDEA funding) are governed by congressional statute. While the administration has signaled major changes, most should require legislative action or face legal challenges.
• Keep an eye on litigation
  Numerous lawsuits have already been filed challenging aspects of the Executive Order and prior guidance. This legal landscape will continue to shift.

For more information, please contact Steven Ludwig at sludwig@foxrothschild.com.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the author(s) and not necessarily this law firm or its clients. Prior results do not guarantee a similar outcome.