FEBRUARY 2025 | Volume 3 | Number 2
“He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?”
– Micah 6:8
Welcome to the February edition of the ACCS Legal Update! In this edition, we will survey a few of President Trump’s executive orders affecting K-12 education.
Ending Radical Indoctrination in K-12 Schooling”
On January 29th, the President addressed Critical Race Theory (CRT), gender ideology, and other troubling content being taught in K-12 schools throughout the nation. The order begins:
“Parents trust America’s schools to provide their children with a rigorous education and to instill a patriotic admiration for our incredible Nation and the values for which we stand…In recent years, however, parents have witnessed schools indoctrinate their children in radical, anti-American ideologies while deliberately blocking parental oversight…In many cases, innocent children are compelled to adopt identities as either victims or oppressors solely based on their skin color and other immutable characteristics…These practices not only erode critical thinking but also sow division, confusion, and distrust, which undermine the very foundations of personal identity and family unity.”
The order requires the Education Secretary to create and submit a plan for protecting parental rights in schools, and for removing federal aid from schools which do not abandon CRT, gender ideology, etc. from its training and curricula.
Further, the order instructs the Attorney General to work with state and local authorities to criminally prosecute any educator involved in helping minor students “transition” to the opposite sex.
“Expanding Educational Freedom and Opportunity for Families”
On January 29th, President Trump also issued an executive order regarding school choice, targeting the national practice of “geographically assigned public schools.” The order lauds the “more than a dozen States” which have enacted various “K-12 scholarship programs, allowing families — rather than the government — to choose the best educational setting for their children.”
The order goes on to recognize such programs as “the most promising avenue for education reform: educational choice for families and competition for residentially assigned, government-run public schools.”
The Secretary of Education was given 60 days to describe how “States can use Federal formula funds to support K-12 educational choice initiatives,” and 90 days in which to develop recommendations regarding state use of discretionary and block grant programs.
While this is a complex issue, in all likelihood, its implications will vary by the state. For ACCS school leaders, it will be imperative to stay abreast of developments within your local and state government.
“Keeping Men Out of Women’s Sports”
In last month’s Legal Update, I reported on the recent decision in State of Tennessee v. Cardona, in which the U.S. District Court for the Eastern District of Kentucky overturned the Biden Administration’s attempts to expand Title IX protections to include “sexual orientation, gender identity, and sex characteristics.” In a strongly worded decision, the Court declared,
“Because the Final Rule and its corresponding regulations exceed the Department’s authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action, the plaintiffs’ motions for summary judgment will be granted and the Department’s motion for summary judgment will be denied.”
Further, on February 5th, President Trump issued an executive order entitled “Keeping Men Out of Women’s Sports,” which strengthens the legal protections for women, particularly in athletics. The order states,
“It is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy. It shall also be the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.”
This executive order accomplishes far more than merely scoring political points for the President. Executive orders may be overturned by the courts, but the courts ruled in line with the President’s order before it was issued (State of Tennessee v. Cardona). Congress can also challenge an executive order, but President Trump enjoys a majority in both houses.
In other words, by issuing this executive order, the President adds the weight of the Executive Branch in support of the district court’s ruling, making it far more daunting to appeal or hallenge the court.
Now What?
- “Ending Radical Indoctrination in K-12 Schooling” will likely meet legal challenges in the coming days. In fact, several state education associations issued statements of opposition to the order within hours of its publication.
- President Trump’s executive order, “Keeping Men Out of Women’s Sports” (#14168) bolsters the legal support for protecting women from identity politics in athletic competition, locker rooms, and leagues.
- The debate over school choice remains a central point of contention, not only between political conservatives and liberals, but even among conservatives themselves. It is true that receiving federal funds rarely (if ever) comes without strings attached, but there is disagreement as to whether those strings are a mere nuisance or a noose. As noted above, the answer will likely vary by the State.
Grace & Peace,
Brian Phillips, Ed.D.
If you are in search of legal advice for you or your school, please consider the following resources: Brotherhood Mutual and Alliance Defending Freedom
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC), teaches Rhetoric at Oaks Classical Christian Academy (Albemarle, NC), and is Board Vice Chairman for New Aberdeen College. Brian has also served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.