Discussion of Recent Presidential Executive Orders on Education

Welcome to the next installment of NJSBA’s limited series on recent presidential executive orders touching on education.  This information is provided purely for informational purposes and is not meant to advise or instruct school districts to take any particular action based on this article. 

Executive Order 14188 – ‘Additional Measures to Combat Anti-Semitism’ – 1/29/25

Noting that the Hamas terrorist attacks of October 7, 2023 “unleashed an unprecedented wave of vile anti-Semitic discrimination, vandalism, and violence against our citizens, especially in our schools and on our campuses,” Executive Order 14188 reaffirms the administration’s previous EO 13899 (December 11, 2019) and “directs additional measures…to combat anti-Semitism vigorously.” 

As part of these additional measures, this executive order directs, among other things, the head of each executive department or agency to identify, within their respective jurisdictions, “all civil and criminal authorities or actions…that might be used to curb or combat anti-Semitism.” 

This EO also requires the Secretary of Education to submit a report that includes “an inventory and an analysis of all Title VI complaints and administrative actions, including in K-12 education, related to anti-Semitism—pending or resolved after October 7, 2023—within the Department’s Office for Civil Rights.”

Executive Order 14190 – ‘Ending Radical Indoctrination in K-12 Schooling’ – 1/29/25

According to EO 14190, “in recent years…parents have witnessed schools indoctrinate their children in radical, anti-American ideologies while deliberately blocking parental oversight.”  In response, this EO commits to “enforc[ing] the law to ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights” under Title VI of the Civil Rights Act of 1964, Title IX, the Family Educational Rights and Privacy Act, and the Protection of Pupil Rights Amendment. 

To that end, this EO directs the U.S. Secretary of Education, the Secretary of Defense, and the Secretary of Health and Human Services to develop an “Ending Indoctrination Strategy” that will eliminate federal funding sources in K-12 schools that directly or indirectly support “the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology” (in the areas of curriculum, instruction, programs, activities, certification, licensing, employment, or training). 

This EO also reestablishes the President’s Advisory 1776 Commission to “promote patriotic education” and the work of the White House Task Force on Celebrating America’s 250^th Birthday.   

Executive Order 14191 – ‘Expanding Educational Freedom and Opportunities for Families’ – 1/29/25

Based on the belief that “many children do not thrive in their assigned, government-run K-12 school,” the stated purpose of EO 14191 is “to support parents in choosing and directing the upbringing and education of their children.” 

In furtherance of this purpose, this EO establishes “education freedom as a priority in discretionary grant programs” and directs the secretaries of Education, Labor, Defense, the Interior, and Health and Human Services to make recommendations to maximize the use of federal funds so that families can “attend schools of their choice, including private, faith-based, or public charter schools.” 

Please be aware the EO’s referenced in this summary and future summaries are in various stages of appeal and discussion, and this is a constantly evolving area. As such, discussion with your board attorney is vital to your district acting in the best interest of the students and within the law. Please also be mindful that presidential executive orders speak to matters referencing federal executive agencies, and unless otherwise stated, the state laws of New Jersey and supporting regulations remain intact and operational.

For further information about these matters, please contact the NJSBA Legal and Labor Relations Department at (609) 278-5279, or your board attorney for specific legal advice.