This executive order (EO) identifies "discriminatory equity ideology" and "gender ideology" as two examples of "indoctrination" happening in schools. It sets out to:
- End gender-affirming policies in schools
- Create requirements for promoting patriotic education
American First Legal asked the U.S. Department of Education (DOE) to investigate ACPS and other Northern Virginia districts for violating:
- Title IX of 1972
- Ending Radical Indoctrination in K-12 Schooling executive order
The investigation calls ACPS and NOVA schools "radical, lawless" and that the school districts would rather deny biology than teach it."
The EO defines "discriminatory equity ideology" as an "ideology that treats individuals as members of preferred or disfavored groups rather than as individuals. It minimizes agency, merit and capabilities in favor of immoral generalizations."
Examples given in the order include saying that "members of a race, color, sex or national origin are morally or inherently superior," while another is "racist, sexist, or oppressive." It says that this ideology considers the U.S. as "fundamentally racist, sexist or otherwise discriminatory." The EO re-establishes the 1776 Commission that was created to counter the 1619 Project.
Recent polling shows teachers focus on developing students' historical thinking skills not telling them what to think. A recent study of high school students confirmed that most schools aren't teaching a one-sided portrayal of the nation's politics and history.
Title VI of the Civil Rights Act of 1964 prohibits race discrimination by programs receiving federal funds. If schools discriminate through curriculum, it's already illegal and unconstitutional.
Roughly 3% of high school students identify as transgender, and 2% are questioning their gender identity. Because of bullying and other mental health challenges, researchers and advocates say schools are vital to improve outcomes.
States are responsible for education and local districts for curriculum. DOE, its secretary, and the federal government have no authority over curriculum matters. Within the last decade, Congress tightened language to ensure states are fully in control. However, this EO and DOE actions like the 'Dear Colleague' letter (pdf) create confusion and have a chilling effect on authentic teaching by professional educators.
Why It Matters
All children deserve honest, age-appropriate teaching of our history, what it means today, and how it informs the future.
What's Next
The executive branch can't pull funding unilaterally. Under nondiscrimination laws including Title IX and Title VI, the DOE's Office for Civil Rights (OCR) investigates allegations. If they find a violation and that the school is refusing to address the violation, DOE will recommend a funding termination. Then there is a waiting period, during which Congress can override the department's attempt to terminate funds.
Through case law and regulation, the DOE can't cut all funding to a school to keep from harming innocent recipients, and to prevent vindictive or punitive use. The funding termination must target the particular program where OCR found a violation. School districts can also appeal funding termination decisions.
Sources
Schools & Libraries Action Committee, February 2025 meeting