The End of DEI in US Schools: Examining the Effects of Trump’s Anti-DEI Executive Order
By: Nash Phillips
Edited by: Michael Stewart and Jack Pacconi
It has been more than 10 months since the Trump administration passed Executive Order (XO) 14190. [1] The order, which seeks to end “Radical Indoctrination in K-12 Schooling,” was quickly met with multiple lawsuits, the two most notable of which are still currently pending. [2] The American Civil Liberties Union (ACLU) chapters of Virginia and Kentucky filed lawsuits against the Department of Defense Education Activity (DoDEA) in the Eastern District of Virginia. [3] The ACLU is suing on behalf of 12 students who say that their schools removed books and changed curricula in violation of their First Amendment rights as a result of XO 14190. [4]
All of the students involved in the suit attend DoDEA schools for families of active duty service members, some of whose families live abroad, but still attend schools based in the U.S. Among the materials that were removed are parts of the schools’ Advanced Placement (AP) curricula, materials about slavery, Native American History, and LGBTQ+ identities. Though suing over book bans is nothing new, [5] this complaint specifically requests that the court bar the Trump administration from enforcing Executive Order 14190, which effectively ends all diversity, equity, and inclusion (DEI) programs which the XO declares makes “innocent children . . . compelled to adopt identities as either victims or oppressors solely based on their skin color and other immutable characteristics.” [6] On October 20, a federal judge issued a preliminary injunction that ruled that the DoDEA’s actions in the five schools were unconstitutional, forcing them to restore the books and course materials. [7] Defendants later appealed the matter to higher Courts.
As the issue moves through the judicial system, it’s important to consider that the US Constitution is not the document that guarantees the right to a public education. [8] Therefore, traditionally, the federal government holds very little power in influencing public schooling. The federal government can pass laws and issue executive orders, but can only really incentivize compliance by conditioning the issuance of federal funds on the actions of school districts. [9] The Trump administration has threatened this against schools with DEI programs or initiatives.[10] Without Congressional action, however, this tactic typically involves a drawn-out regulatory process to be legal.
Though the administration initially called on schools to prove that they did not have any “illegal DEI practices” by April 24, 2025, three different federal judges issued separate rulings that limited the scope of the enforcement of the executive order. [11] Despite questions over the legality of the executive order that are still to be determined, many states have already either obliged with or capitulated to Trump’s demands. Twenty-one (21) states, seventeen (17) of which are controlled in both the executive and legislative branches by the Republican Party, signed the certification to comply with the order. [12] In most cases, complying states then sent orders down to local districts to demand their subsequent compliance. In Virginia, which often flips between Republican and Democratic control in its legislative bodies, the districts of the state were split, with school districts, such as the City of Norfolk, rejecting the DEI demands almost entirely. [13] Many of the biggest districts to comply with the requests, however, are also in Virginia. [14]
The ultimatum to states actually stemmed from two other measures by the Trump administration that are separate from the Executive Order. The Education Department sent out a Dear Colleague letter to states threatening the removal of federal funds, as well as posting an “End DEI” portal to gather public complaints and whistleblowing about DEI programs that persisted in public schools. [15] Following those actions, the largest teachers’ union in the U.S. sued, not over the executive order, but the letter and “End DEI” portal. [16]
Throughout 2025, judges consistently ruled against the administration’s anti-DEI measures, including a ruling in August from a federal judge in Maryland over the guidance issued by the Education Department that applies not only to K-12 schools, but in many ways, universities as well. [17] Certain rulings, however, such as the one in March from the United States Court of Appeals for the Fourth Circuit, have allowed the DEI bans to remain in place amidst ongoing legal proceedings. [18]
For the most part, Executive Order 14190 has been halted in its tracks. However, with a Republican majority in the Supreme Court, should the lawsuits make it all the way there, the order will likely be upheld. After the Court’s 2023 ruling on affirmative action in university admissions, governments at various levels are actively introducing anti-DEI legislation. [19]
Many of the injunctions that have blocked the process of dismantling DEI in schools do not deal with their legality, but rather the wording of the orders and requests themselves. Executive Order 14190, for instance, does not explicitly define DEI, nor does it extensively qualify discriminatory treatment or indoctrination. [20] For many schools with existing DEI programs, this does give them some leeway to continue business as usual, but also creates uncertainty, should the order be upheld, as to whether or not they will face steep consequences for noncompliance.
On January 21, the Trump administration announced its decision to drop the appeal from the 5 DoDEA schools. Pro-DEI factions have been consistently successful in pushing back against the Trump administration, but they were unable to fully block the executive order’s effects, and the administration continues its efforts to rid public schools of what it calls “radical indoctrination.”
Notes:
The White House, “Ending Radical Indoctrination in K-12 Schooling,” Executive Order 14190 (January 2025), https://www.whitehouse.gov/presidential-actions/2025/01/ending-radical-indoctrination-in-k-12-schooling/.
Zachary Hershman and Rebecca Klein, “The Status of Litigation Against the Trump Administration’s K-12 Education Agenda: A Guide for Education Leaders,” Brookings Institution, 2025, https://www.brookings.edu/articles/the-status-of-litigation-against-the-trump-administrations-k-12-education-agenda-a-guide-for-education-leaders/.
American Library Association, “Book Ban Data,” accessed November 29, 2025, https://www.ala.org/bbooks/book-ban-data.
American Civil Liberties Union, “DoDEA Must Return Books to Shelves, Judge Rules,” October 2025, https://www.aclu.org/press-releases/dodea-must-return-books-to-shelves-judge-rules.
American Library Association, “Book Ban Data.”
White House, “Ending Radical Indoctrination in K-12 Schooling.”
American Civil Liberties Union, “DoDEA Must Return Books to Shelves.”
Teaching Channel, “Is There a Constitutional Right to Education?” accessed November 29, 2025, https://www.teachingchannel.com/k12-hub/blog/constitutional-right-education/.
Hershman and Klein, “Status of Litigation.”
NPR, “Trump Administration Warns Schools About DEI Programs,” April 3, 2025, https://www.npr.org/2025/04/03/nx-s1-5350978/trump-administration-warns-schools-about-dei-programs.
The Guardian, “Court Lifts Block on Trump Order to Restrict DEI Programs,” March 15, 2025, https://www.theguardian.com/us-news/2025/mar/15/court-dei-programs-trump-administration.
Education Week, “See Which States Are Telling Trump Their Schools Don’t Use ‘Illegal DEI,’” April 2025, https://www.edweek.org/policy-politics/see-which-states-are-telling-trump-their-schools-dont-use-illegal-dei/2025/04.
13News Now, “Norfolk School Board Rejects DEI Demands,” accessed November 29, 2025, https://www.13newsnow.com/article/news/local/mycity/norfolk/norfolk-school-board-dei-schools-k12-vote/291-0197aa20-1fa2-42a0-b1be-d5fa33150776.
13News Now, “Hampton Roads School Districts Respond to Trump’s DEI Order,” accessed November 29, 2025, https://www.13newsnow.com/article/news/education/hampton-roads-school-districts-dei-diversity-trumps-order/291-29ae7d5d-8c4b-4774-ad1f-ccea196b43e7.
NPR, “Trump Administration Warns Schools About DEI Programs.”
Education Week, “Nation’s Largest Teachers’ Union Sues Education Department Over DEI Threats,” March 2025, https://www.edweek.org/policy-politics/nations-largest-teachers-union-sues-education-department-over-dei-threats/2025/03.
NPR, “Judge Strikes Down Anti-DEI Programs in Schools,” August 15, 2025, https://www.npr.org/2025/08/15/nx-s1-5503319/judge-strump-dei-programs-schools.
The Guardian, “Court Lifts Block on Trump Order to Restrict DEI Programs.”
Hershman and Klein, “Status of Litigation.”
White House, “Ending Radical Indoctrination in K-12 Schooling.”
Bibliography:
American Civil Liberties Union. “DoDEA Must Return Books to Shelves, Judge Rules.” October 2025. https://www.aclu.org/press-releases/dodea-must-return-books-to-shelves-judge-rules.
American Library Association. “Book Ban Data.” Accessed November 29, 2025. https://www.ala.org/bbooks/book-ban-data.
Education Week. “Nation’s Largest Teachers’ Union Sues Education Department Over DEI Threats.” March 2025. https://www.edweek.org/policy-politics/nations-largest-teachers-union-sues-education-department-over-dei-threats/2025/03.
Education Week. “See Which States Are Telling Trump Their Schools Don’t Use ‘Illegal DEI.’” April 2025. https://www.edweek.org/policy-politics/see-which-states-are-telling-trump-their-schools-dont-use-illegal-dei/2025/04.
The Guardian. “Court Lifts Block on Trump Order to Restrict DEI Programs.” March 15, 2025. https://www.theguardian.com/us-news/2025/mar/15/court-dei-programs-trump-administration.
Hershman, Zachary, and Rebecca Klein. “The Status of Litigation Against the Trump Administration’s K-12 Education Agenda: A Guide for Education Leaders.” Brookings Institution, 2025. https://www.brookings.edu/articles/the-status-of-litigation-against-the-trump-administrations-k-12-education-agenda-a-guide-for-education-leaders/.
13News Now. “Hampton Roads School Districts Respond to Trump’s DEI Order.” Accessed November 29, 2025. https://www.13newsnow.com/article/news/education/hampton-roads-school-districts-dei-diversity-trumps-order/291-29ae7d5d-8c4b-4774-ad1f-ccea196b43e7.
13News Now. “Norfolk School Board Rejects DEI Demands.” Accessed November 29, 2025. https://www.13newsnow.com/article/news/local/mycity/norfolk/norfolk-school-board-dei-schools-k12-vote/291-0197aa20-1fa2-42a0-b1be-d5fa33150776.
NPR. “Judge Strikes Down Anti-DEI Programs in Schools.” August 15, 2025. https://www.npr.org/2025/08/15/nx-s1-5503319/judge-strump-dei-programs-schools.
NPR. “Trump Administration Warns Schools About DEI Programs.” April 3, 2025. https://www.npr.org/2025/04/03/nx-s1-5350978/trump-administration-warns-schools-about-dei-programs.
Teaching Channel. “Is There a Constitutional Right to Education?” Accessed November 29, 2025. https://www.teachingchannel.com/k12-hub/blog/constitutional-right-education/.
The White House. “Ending Radical Indoctrination in K-12 Schooling.” Executive Order 14190. January 2025. https://www.whitehouse.gov/presidential-actions/2025/01/ending-radical-indoctrination-in-k-12-schooling/.