Since early 2025, the U.S. Department of Education (“Department”), under Secretary Linda McMahon, has implemented several significant policy changes affecting K-12 education. For example, the Department has taken steps to expand support for private, religious, and charter schools, while also shifting its approach to civil rights enforcement and federal funding guidance.

Support for Charter and Private Schools

The Department has increased federal investment in charter schools and signaled greater support for private educational options.

The Charter Schools Program (CSP) is a federal initiative that provides grants to support the creation, expansion, and improvement of charter schools across the country. Recent actions include:

• Increased Funding: In May 2025, Secretary McMahon announced an immediate $60 million increase in CSP funding for FY 2025.

• New Grant Initiatives: Alongside the funding increase, the Department introduced the Model Development and Dissemination Grant Program, which is intended to support the sharing of effective practices and strategies among charter schools.

• Expanded Grant Competitions: The Department also opened applications for several CSP grant categories, such as State Entities, State Facilities Incentive Grants, Credit Enhancement, Charter Management Organizations, and Charter School Developers.

• Records Investment: In September 2025, the Department released $500 million for CSP grants, marking the largest single-year investment in the program to date. Funding is being distributed across all six CSP grant categories, including support for state entities, charter management organizations, new school developers, facilities, credit enhancement, and the development and dissemination of innovative charter models.

Federal Funding Guidance

The Department has recently revised its guidance on the use of federal education funds, including Title I funds, which are generally allocated to support programs for low-income students. These updates may affect how districts allocate resources to serve different student populations and address evolving instructional priorities.

• Title I Funds: The Department issued guidance clarifying that Title I funds may be used to provide equitable services for eligible students enrolled in private schools. The guidance specifically allows for the use of these funds to support private school tuition and tutoring services.

• Emphasis on “Patriotic” Education: The Department introduced a new supplemental priority for discretionary grant programs aimed at promoting “patriotic” education, encouraging the teaching of positive aspects of American history and values.

Civil Rights Enforcement

The Department also has shifted its approach to civil rights enforcement, with renewed focus on Title IX compliance and the protection of certain student groups.

• The Department committed to enforcing the 2020 Title IX Rule, “emphasizing protections based on biological sex as defined under the 2020 Rule”, and has adjusted its enforcement priorities accordingly.

• In April 2025, the Department, in coordination with the Department of Justice, established a Title IX Special Investigations Team to address the increasing volume of Title IX complaints, particularly focusing on policies related to the participation of transgender students in athletics.

Mandates and Compliance

The Department recently concentrated its enforcement and investigations of compliance with a handful of specific federal mandates affecting K-12 schools, including student participation, access, and parental rights under both Title IX and the Family Educational Rights and Privacy Act (FERPA):

• The Department found the California Department of Education and the California Interscholastic Federation in violation of Title IX  “for policies allowing transgender female athletes to compete in girls’ sports” for accuracy and sensitivity. The Office for Civil Rights launched an investigation into the Saratoga Springs City School District for policies regarding transgender students’ access to facilities and participation in activities, raising concerns about Title IX compliance.
• The Department initiated and announced investigations into several states and school districts—including in California[1], Maine, and Kansas—regarding policies related to transgender students. These investigations addressed concerns under both Title IX and FERPA, “with a particular focus on parental notification and student privacy in the context of gender support plans.”

Considerations for K-12 Schools

These policy changes and shifting enforcement priorities may have a range of impacts on K-12 schools, including potential shifts in funding, changes to compliance obligations, and evolving requirements regarding student rights and access. District and school leaders should review how federal funds are allocated and ensure compliance with new mandates. School districts also may face increased scrutiny of their policies related to student access to facilities and curriculum content, especially where federal funding is involved.

We will continue to monitor these developments and provide updates as new guidance, regulations, and legal challenges arise.

If you have questions about how these policy changes may affect your school or district, or if you need assistance navigating new compliance requirements, please contact the authors or your Husch Blackwell attorney.

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[1] On January 28, 2026, the Department announced its conclusion that the California Department of Education was in violation of FERPA for policies that “that pressure school officials to conceal information about students’ ‘gender identity.’”