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Washington Update, August 25, 2025

 

Dear Colleagues: 

  

The past several weeks have been nothing short of eventful on the federal education policy front, and our community has risen to meet the moment. Thank you to the 170+ colleagues who joined our recent meeting on grants. Your engagement as storytellers and advocates continues to demonstrate the strength of our field. It was energizing to see so many of you leaning in, sharing program impact, and preparing to carry these messages forward to policymakers.

With so much in motion, now is the time to keep the momentum going. Below are the latest updates:

1. Civil Rights Ruling at George Mason University

The Department of Education’s Office for Civil Rights (OCR) announced that George Mason University violated Title VI, citing DEI hiring and promotion policies that discriminated on the basis of race. OCR has given GMU 10 days to enter into a resolution agreement, which includes a public apology from the president, revised hiring and promotion practices, annual training for decision-makers, and communication on how to file discrimination complaints.

2. Civil Rights Staffing and Capacity

Following a federal court order, the Department of Education will begin reinstating 264 OCR employees starting September 8. Staff had been placed on administrative leave earlier this year under a reduction-in-force plan, though salaries and benefits continued, costing nearly $1M per week. The reinstatement will occur in stages (85 in September, 120 in October, 60 in November) while the Department continues to appeal the ruling.

Even with these staff returning, OCR remains under significant strain. Broader layoffs approved by the Supreme Court earlier this summer mean the office’s overall capacity is still reduced, and a backlog of more than 7,200 complaints underscores the challenges ahead.

3. New Executive Order on Federal Grant Oversight

On August 7, the President issued a sweeping executive order that fundamentally reshapes how federal grantmaking will be overseen. Agencies must now appoint senior officials to vet new grant announcements, ensure alignment with Administration priorities, and expand the use of “termination for convenience” clauses. A key requirement: within 30 days (by September 8), agencies must lay out how they will put these changes into action.

We’re already seeing non-continuation notices citing “misalignment with Administration priorities”—some specifically referencing DEI policies. We are also hearing that appeal periods for affected grantees could be as short as seven days, adding even more urgency. In response, TED convened an emergency meeting to assess the implications and will continue to monitor and share updates as this evolves.

Why this matters for grantees:

  

• Programs at risk mid-cycle: Even previously awarded grants may be terminated if deemed out of sync politically.

• Shock to predictability: Researchers and doctoral programs may face sudden disruptions with little warning.

• Extra paperwork: Institutions may need to justify how their projects align with shifting priorities.

  

We aren’t just pointing you back to the toolkit — we want you to know that we are here as a resource. If you receive a non-continuation notice or have concerns about how your program might be affected, please reach out. We can help with talking points, liaising with policymakers, or even setting up meetings to make sure your voice is heard in Washington.

4. Good News / Bad News on ED Funding

Good News: Two federal courts ruled against recent ED actions to end funding for specific programs. One decision requires the Department to continue support for the Comprehensive Centers ($50M) and Regional Educational Laboratories ($54M). Another blocked ED’s February guidance restricting the use of race in hiring, admissions, and related decisions.

Bad News: ED has ended or declined to renew roughly 35 TRIO grants, including Upward Bound, Upward Bound Math-Science, and TRIO Training. Some Student Support Services projects were also excluded. While TRIO remains funded at $1.2B this year, the President’s FY26 budget eliminates it, and the Senate has held funding flat. Reports also suggest that IDEA Part D national activities grants ($115M) may soon be discontinued, disrupting personnel preparation and technical assistance programs critical to addressing the special education workforce shortage.

5. Recent ED Guidance

• Title I and Private Schools (Aug. 21): New guidance allows Title I funds to be used for services provided to students in private schools.

• Federal Work-Study (Aug. 19): ED rescinded earlier guidance permitting Work-Study wages for civic engagement. Institutions may no longer use funds for voter registration activities, though they are still required by law to distribute forms.

6. Northern Virginia Districts Designated “High-Risk” Grantees

Five districts—Alexandria City, Arlington County, Fairfax County, Loudoun County, and Prince William County—have been placed on high-risk status, following their refusal to settle a Title IX dispute over policies accommodating transgender students. Over $50M in federal funding, including formula grants, discretionary grants, and IDEA funding, will now be subject to a reimbursement-only model—requiring districts to pay costs up front before requesting repayment.

This shift could create cash-flow delays for special education services, particularly where districts rely heavily on IDEA funds to cover immediate costs. The “high-risk” designation is seldom used and historically reserved for entities with fiscal or compliance issues such as Guam, American Samoa, and the U.S. Virgin Islands.

7. Proposed Changes to Public Service Loan Forgiveness (PSLF)

The Department of Education has proposed new rules that would disqualify borrowers from PSLF if their employers engage in certain “illegal activities,” including unlawful discrimination, violations of federal immigration law, or providing gender-affirming care to minors. The PSLF program, created in 2007, forgives federal student debt for eligible workers after 120 qualifying payments. The proposed rule will be published in the Federal Register with a 30-day comment period.

8. Hispanic-Serving Institutions (HSIs)

The Administration has indicated it will not defend federal funding for Hispanic-Serving Institutions (HSIs) in a lawsuit that claims the program unlawfully discriminates against non-Hispanic students. HSIs are defined as accredited, degree-granting institutions where at least 25% of undergraduates identify as Hispanic, and they currently receive about $256M in discretionary funding through two competitive grant programs. These grants support activities such as curriculum development, faculty training, academic support services, and infrastructure improvements at eligible colleges and universities.

The President’s FY26 budget requests level funding for HSIs, though it remains unclear whether FY25 awards have been issued. The Department of Justice’s decision not to defend the statute is unusual, given that HSI programs were established by Congress in 1992 with bipartisan support. The Hispanic Association of Colleges and Universities (HACU) has already raised concerns about the potential impact, emphasizing that HSIs enroll more than 5 million students nationwide and play a critical role in access and completion for first-generation, low-income, and underrepresented students.

Observers note that this decision could set precedent for challenges to other federally funded programs targeted to specific populations or institutions — including Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), Migrant Education, and even programs under IDEA serving students with disabilities.

Our TED Advocacy Toolkit continues to be updated and is there to support your efforts — whether you’re meeting with policymakers, writing op-eds, or sharing your program’s story. 

A VERY special thank-you to our members, interns and leadership for your ongoing engagement; it’s your persistence that makes a difference in moments like these.

As an aside, please don’t assume I already know what you know — if you hear something you think policymakers should be aware of, reach out. I am always glad to help liaise on your behalf, set up meetings, or amplify your voice in conversations here in Washington. The more connected we are, the stronger our collective advocacy.

 

Together, we are not just tracking developments — we are shaping the future for our students and our field.

 

With appreciation and resolve,

Kait

@brennan_kait 

  

Posted:  25 August, 2025
Category:
dr kaitlyn brennan
Author: Dr. Kaitlyn Brennan

Dr. Kaitlyn Brennan serves as education policy advisor to TED, providing strategic support to activate TED members in support of federal policy which best meets the needs of students with disabilities...

Read more from Dr. Kaitlyn Brennan

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