The federal government recently issued a series of executive orders and memorandums. The topics include federal funding, DEI programs, immigration, and gender-based facilities and athletics. The administration’s moves have been concerning and confusing, but they seem to have little practical effect for the most part at the state and school district level. The administration, however, has signaled where it might be going, offering school districts an opportunity to prepare.
We want to assure you that we are actively monitoring the changing landscape at the federal level and advocating on behalf of our members and our students. OSBA leadership is meeting weekly with state leaders to discuss the impact of these federal actions and request additional information and guidance we can share with our members.
Here is what we know about a few of the biggest topics.
On Jan. 27, the White House Office of Management and Budget (OMB) issued a memorandum stating federal agencies “must temporarily pause all activities related to obligation or disbursement of all Federal financial assistance.” It was unclear from the memo which programs would be impacted. On Jan. 28, the state of Oregon, Oregon school districts and other Oregon entities were unable to access some of the federal reimbursement systems. Late in the day on Jan. 28, a judge entered an injunction freezing the funding pause in response to a lawsuit filed by the Oregon Department of Justice and other states around the country. On Jan. 29, OMB rescinded the pause on funding and Oregon access to the federal reimbursement system was restored.
It is unknown whether the federal government will attempt to freeze federal funds again. OSBA recommends that members work with their legal counsel to review their federal funding and determine whether the school district has recourse should the federal government pause funding again.
The Oregon Department of Education released a statement Thursday, Jan. 30, saying that there currently are no impacts or changes to ODE-administered funding. ODE is working with DOJ attorneys, the governor’s office and education partners to monitor the situation and assess impacts. ODE said the Office of Finance and Information Technology will increase the frequency of federal drawdowns to daily to try to prepare for potential future freezes.
OSBA will continue to advocate for the Oregon DOJ to represent the interests of Oregon’s public schools, but schools should be prepared for potential legal action on their own behalf. The Oregon Association of School Business Officials has offered some key action steps.
The Trump administration has declared it will more aggressively pursue undocumented immigrants, including at schools. Public schools are still required to provide a free education to all children, regardless of immigration status, and Oregon sanctuary laws prohibit schools from aiding immigration enforcement. OSBA has offered immigration guidance, and we understand that the Oregon Department of Justice and the Oregon Department of Education will be releasing additional guidance soon.
The new administration also has issued orders and memorandums regarding diversity, equity and inclusion programs. OSBA is not aware that any of those orders are currently impacting Oregon public schools. There will likely be further action on the federal level related to DEI programs, though.
Schools are encouraged to review their practices with legal counsel to make sure they are following the 2023 U.S. Supreme Court decision Students for Fair Admissions, Inc. v. President and Fellows of Harvard College holding that race-conscious admissions programs violate the Equal Protection Clause of the Fourteenth Amendment. The court decision stated in relevant part “[e]liminating racial discrimination means eliminating all of it. And the Equal Protection Clause, we have accordingly held, applies without regard to any differences of race, of color, or of nationality—it is universal in its application.”
For a school to provide a race-based program or activity, it must meet a strict scrutiny test that requires the school to show that race-based discrimination is being used to further compelling government interests and additionally showing that race-based discrimination is required to meet those compelling government interests. Courts are unlikely to uphold race-based programs and activities so schools should work closely with legal counsel if they operate any race-based programs or activities.
There have also been orders and memos regarding gender-designated facilities and athletic participation. At this time, the federal actions have not impacted any of our state and federal education and employment laws, so you should continue to follow your board-adopted policies and Oregon agency guidance.
- For school athletics, schools should continue to follow the guidance from the Oregon School Athletics Association (p. 81).
- For facilities, schools should continue to follow ODE’s Supporting Gender Expansive Students guidance. ODE will be updating its guidance soon, but schools should continue to follow this guidance until further notice.
- With respect to employees, schools should continue to follow the guidance from the Oregon Bureau of Labor and Industries.
The legal and funding landscape is sure to change in the coming year, and OSBA will monitor these changes and notify you of significant legal and policy implications. OSBA will continue to advocate on behalf of Oregon public education at the state and national level.
The current executive orders and memorandums have not changed federal and state education and employment law here in Oregon, and school districts should continue to comply with existing laws and your board-adopted policies.
Our primary focus remains ensuring that all students in Oregon receive a high-quality education in a safe and welcoming environment with the supports they need.
Questions?
- Advocacy: [email protected]
- Legal: OSBA/PACE attorneys at [email protected]. If they are not able to assist you with a particular matter, they will refer you to attorneys specialized in these areas.
- Policy: OSBA Policy Services Director Spencer Lewis, [email protected]
Emielle Nischik
OSBA executive director
