The Vermont Agency of Education is committed to keeping Vermonters up to date on any federal changes that have an immediate impact on districts and students. The Agency aims to be disciplined, thoughtful, and factual when evaluating and responding to changes in federal policy. The Agency is deeply committed to the core Vermont values we all share. This page will be routinely updated as additional information becomes available, please see below for an archive of information in response to news from the federal level:
Diversity Equity and Inclusion & Title VI Enforcement
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The President’s Executive Order of January 29, 2025, Ending Radical Indoctrination in K-12 Schooling, ordered the secretaries of several federal agencies including the Department of Education to, within 90 days of the date of the order, “advise the President in formulating future policy” to implement the order.
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The Department of Education's Dear Colleague Letter of February 14 on Title VI and February 28 FAQ on DEI and Title VI expanded on the kinds of curricular, instructional, and policy actions – or inactions – that might trigger an investigation of discrimination or harassment by the Office of Civil Rights (OCR). The federal government does not have the authority to control local curricular or instructional decisions or to restrict teachers’ or students’ free speech in a way that would conflict with the First Amendment. However, they said that the First Amendment and curricular prerogatives of school districts do not relieve schools of their Title VI obligations not to create hostile environments through race-based policies and stereotypes; nor does they relieve them of their duty to respond to racial harassment that creates a hostile environment. The FAQ identifies some considerations OCR might consider when determining whether a racially hostile environment might exist.
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The FAQ explains the steps that OCR will take if it determines that a school is out of compliance with Title VI. The investigation is just the first step in a series of procedural stages before administrative or judicial enforcement proceedings.
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Furthermore, in the FAQ, they prominently rolled out a new, simplified Webform for parents, students, teachers, and community members to report complaints of possible discrimination to OCR, individuals have had this right for many years.
Executive orders do not have the authority to override the United States Constitution, federal statutes, state statutes, or established legal precedents. Given that, many of these orders will be difficult, if not impossible, to implement, and efforts to do so will be, and are being, challenged through litigation.
A Dear Colleague Letter, by itself, is not an enforcement mechanism. The Department of Education must follow due process requirements laid out in statute. For example, The Department of Education may not suspend, terminate, or refuse to grant or continue federal financial assistance until it has provided the recipient with notice of noncompliance, attempted to secure compliance through voluntary means, provided an opportunity for a hearing, made an express finding of noncompliance on the record, filed a written report with Congress, and waited 30 days after filing the report. OCR has the authority to conduct periodic compliance reviews and directed investigations of Title VI compliance absent a specific complaint. However, their primary enforcement mechanism remains the OCR complaint process, which is explained in detail on OCR’s website. When The Department of Education investigates a potential civil rights violation, it also follows a formal process. As they state in question 14 of the FAQ,
"If OCR determines that a school failed to comply with the civil rights laws that it enforces, OCR will contact the school and will attempt to secure its willingness to negotiate a voluntary resolution agreement. If the school agrees to resolve the complaint, OCR and the school will negotiate a written resolution agreement to be signed by the school that describes the specific remedial actions it will take to address the area(s) of noncompliance identified by OCR. OCR will monitor the implementation of the resolution agreement’s terms. If a school is unwilling to negotiate a resolution agreement, OCR will inform the school of the consequences, which may result in OCR initiating enforcement through administrative proceedings or referring the case to the Department of Justice for judicial proceedings."
The Agency's general advice to educators in the face of these executive orders and guidance documents is to proceed with their planned professional development and instructional activities in accordance with SU/SD instructional priorities, needs assessment activities, and State Board of Education Rules, and to consult with your SU/SD legal counsel if they have concerns about any specific activity or action.
This advice was reinforced last week by the publication of Multistate Guidance by Vermont’s Attorney General along with the Attorney Generals of 13 other states and the District of Columbia. Their guidance instructs schools that “nothing in the ‘Dear Colleague’ letter or FAQ changes existing law and well-established legal principles that encourage—and even require—schools to promote educational opportunity for students of all backgrounds,” and reminds schools of existing State civil rights protections which “in many cases exceed federal civil rights protections.” The letter includes a legal overview of existing Supreme Court precedent. The Attorney Generals wrote that the intent of The Department of Education’s Dear Colleague Letter was to inspire fear, and they were writing to mitigate that fear.
In addition, the Agency will continue to follow longstanding Vermont law with regard to grounds for licensing investigations; the standard for educator misconduct has not been amended by any of these federal executive actions.
Immigration Enforcement in and Around Schools
On January 21, 2025, the administration rescinded decades-old guidelines that limited immigration enforcement actions in “sensitive locations,” including schools and places of worship. This change permits ICE agents to conduct operations on school grounds.
On January 31, the Agency published Immigration Guidance to ensure that all students have equal access to educational opportunities regardless of actual or perceived immigration status and to guide administrators in preparing for and responding to immigration enforcement activities. The Agency recommends that each school board consult with their SU/SD legal counsel regarding any specific policy or guidance that they may wish to issue to their staff related to requests for student information and/or compliance with immigration enforcement actions involving their schools or students. School administrators also may choose to work with advocacy organizations to support their students and families at their discretion.
Gender-based Discrimination & Title IX Enforcement
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The Administration’s Executive Order of January 20, 2025, Defending Women from Gender Ideology, affects transgender individuals by directing certain federal agencies to rescind specific federal guidance and limit access to certain federally operated facilities.
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The Department of Education's Dear Colleague Letter on Title IX Enforcement of January 31 communicated that OCR will be enforcing Title IX through the 2020 regulations, not the 2024 regulations promulgated by the Biden Administration. The 2024 regulations were vacated by a federal court in January 2025. The letter makes clear that discrimination based on gender identity or sexual orientation will not be considered to be discrimination based on sex under Title IX.
Protections for LGBTQIA+ students are enshrined in Vermont law and have not been diminished in any way by this federal action. Transgender and Gender Nonconforming Student Best Practices and laws for the Prevention of Hazing, Harassment, and Bullying remain in effect and the Agency will continue to provide guidance and oversight consistent with these state laws.
Federal Funding
Federal FY25 funding for ESEA (“Title”), IDEA, and Perkins programs was included in the continuing resolution passed by Congress. Funding for these programs is, therefore, secure for the remainder of the 24-25 school year and will continue at essentially the same levels for the next school year (25-26). The administration is expected to unveil its proposed budget for federal FY26 (school year 26-27) funding in the coming weeks. This is only the first step in the FY26 budget process and proposed cuts are anticipated, though in which programs and in what amounts is not clear.
Department of Education
Thursday afternoon, March 20, 2025, President Trump signed an executive order, “Improving Education Outcomes by Empowering Parents, States, and Communities.” The order states, “The Secretary of Education shall, to the maximum extent appropriate and permitted by law [emphasis added], take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely [emphasis added].” It also directs the Secretary to ensure that programs receiving Department funds “terminate illegal discrimination obscured under the label ‘diversity, equity, and inclusion’ or similar terms and programs promoting gender ideology.” The White House also published a fact sheet to accompany the executive order.
This executive order builds upon recent staff cuts at the Department, along with other recent executive orders and Dear Colleague Letters.
Secretary McMahon and White House officials have publicly acknowledged that eliminating the department would require an act of Congress. Congress would also need to alter the programmatic requirements of any of the core education programs upon which our students and families rely (e.g., ESEA, IDEA, and Perkins). For example, any change in grant formulas (i.e., to categorical or “block” grants) would require Congressional action.
The recent staff cuts did not include staff that support the Agency’s implementation of ESEA, IDEA, and Perkins programs. The Agency is monitoring the impact of these cuts. AOE will continue to monitor the federal landscape.