We are just 71 days into the new Trump administration, and the landscape of education is shifting at an astonishing pace. To underscore the sheer volume of change, consider this:

• 24 Executive Orders directly impacting education have been issued.
• 100+ Lawsuits have been filed challenging actions taken by the Executive Branch.
• 50+ rulings have resulted in at least temporary pauses or blocks on Trump administration actions.

This rapid-fire succession of legal and policy change leaves all of those working in education grappling with unprecedented uncertainty.

OCR Update: Restructuring and Legal Challenges

In addition to the legal actions, the Department of Education (ED) has undergone significant restructuring within the Office for Civil Rights (OCR). As I previously noted, the ED cut approximately 50% of the OCR workforce, and closed many of the regional offices. In response, a coalition of Democratic state attorneys general filed a lawsuit seeking to block the President from dismantling the ED and halt staff layoffs. Court pleadings reveal the following realignment of complaint handling:

• Former Boston and New York cases are now handled by the Metro DC Office.
• San Francisco cases are directed to the Seattle Office.
• Philadelphia cases are managed by the Atlanta Office.
• Dallas cases are overseen by the Kansas City Office.
• Chicago and Cleveland cases are processed by the Denver Office.

This consolidation means that anyone in these areas should pay careful attention to jurisdictional shifts and may experience delays in resolutions.

FERPA Guidance and Investigation

On March 28, the ED’s Student Privacy Policy Office (SPPO) released a Dear Colleague Letter (DCL) and announced an investigation under FERPA into California statute related to transgender parent notification.

The DCL states that it provides notice of obligation of SEAs and LEAs under FERPA and serves as guidance. Such guidance includes taking “proactive measures” to address “priority concerns” around parental right to inspect and review education, safety of students, notification of rights, information provided to military recruiters, and an assurance of compliance. Specifically, the assurance of compliance states that each SEA must submit, no later than April 30, documentation such as “reports, information on policies and procedures, annual notifications, training materials, or other information necessary” to provide assurances of complying with the provisions of FERPA.

SPPO’s FERPA investigation into California law is rare. The California law, called the Safety Act, prevents school boards from requiring staff members to tell parents when a student asks for a different name or pronoun and went into effect January 1, 2025.

Maine

On the same day the Department of Health and Human Services referred Maine to the Justice Department over alleged Title IX violations found regarding the state’s policy allowing transgender girls to compete in girls’ high school sports. This came a day after Maine officials declined to sign a proposed agreement by a Thursday deadline that would have ended the policy permitting transgender participation in girls’ sports. See our previous blog post on this topic.

Tuesday Takeaways: Navigating the Path Forward

In this climate of rapid change, those in education must:

• Assess and Adapt: Evaluate your school, district, or institution’s goals, community values, priorities, and risk tolerance to develop a strategic path forward.
• Remain Agile: Prepare to pivot quickly as new regulations and legal developments emerge.
• Seek Expert Guidance: Partner with experienced professionals to navigate complex legal and regulatory landscapes.
• Get Up-to-Date Training: Provide comprehensive training for staff on FERPA, Title IX, and other critical compliance areas.

ICS Can Help!

We offer comprehensive services to help you navigate these complex challenges. Our expertise includes compliance audits and assessments, policy development – including our Policy Blueprint, training, interim services, and much more.

Stay informed and proactive. Contact ICS today to ensure you are prepared for the evolving landscape.