EO 14280Executive OrderTrump 47 · R

Executive Order 14280

Reinstating Commonsense School Discipline Policies

This executive order directs the Department of Education and other agencies to replace what it terms "discriminatory equity ideology" in school discipline with behavior-based policies. It requires new guidance to schools, coordination with states, revised discipline codes for military families' schools, and a report on Title VI discipline investigations and federal grant funding.

Impact dates

  1. Secretary of Education submits comprehensive report on Title VI discipline investigations and equity-ideology-based practices

  2. Secretary of Defense issues revised school discipline code for military family schools

  3. Secretary of Education and Attorney General initiate coordination with Governors and State Attorneys General

  4. Secretary of Education issues new guidance to LEAs/SEAs on school discipline and Title VI

Key directives

  • Secretary of Education to issue new guidance to LEAs/SEAs on Title VI and school discipline within 30 days
  • Secretary of Education to take compliance action against LEAs/SEAs violating Title VI in discipline
  • Secretary of Education and Attorney General to coordinate with Governors and State AGs within 60 days
  • Secretary of Defense to issue revised school discipline code within 90 days
  • Secretary of Education to submit report on equity-ideology-based discipline, Title VI investigations since 2009, and non-profit grant recipients within 120 days

Who is ordered

Timeline

Immediate

  • Federal policy shift away from disparate-impact framework for school discipline under Title VI

Near term (90d)

  • Secretary of Education issues new guidance to LEAs/SEAs (30 days)
  • Education-Attorney General coordination with Governors/State AGs begins (60 days)
  • Secretary of Defense issues revised school discipline code for military family schools (90 days)

Long term

  • Comprehensive report on Title VI discipline investigations since 2009, federal grant recipient non-profits, and model discipline policies (120 days)

Risks & tensions

  • Potential conflict with civil rights groups over disparate-impact interpretation of Title VI
  • Vague standard for 'discriminatory equity ideology' may create compliance uncertainty for schools
  • Risk of litigation over federal funding threats to schools with race-conscious discipline policies
  • Tension between federal guidance and state/local control over education policy
  • Report's assessment of non-profit grant recipients could affect federal funding relationships
Executive Order 14280: Reinstating Commonsense School Discipline Policies · Executive Orders