The Facts About President Trump’s Executive Order
We’ve been getting questions about the effects of President Trump’s executive order to dismantle the federal Department of Education, and what it means for federal assistance programs that benefit K-12 schools.
Here is a link to the president’s executive order and a statement from Secretary McMahon.
To be clear: There have been no federal cuts to education funding, and the executive order issued by President Trump on March 4, 2025, does not abolish the U.S. Department of Education, nor does it eliminate any federal education programs. Claims to the contrary are simply false and have led to unnecessary confusion and fear.
President Trump's executive order does not claim to have the authority to cut funding or programs.
The only immediate action required is for the Secretary of Education to develop a plan for consideration by Congress. Nothing in the order enacts any change. Any future changes would undergo the full legislative process in Congress.
It is an internal administrative directive. It only applies to the Secretary of Education and her team. It does not apply to states, schools, educators, or students, nor does it change any current law or funding.
Contrary to the claim that there are federal “cuts,” Congress passed a budget resolution a few weeks ago that maintains all education spending at current levels. State agencies are (and will continue) to deliver all Title, Special Education and Perkins funding to schools.
Any job losses or budget reductions happening in some school districts are more likely due to the expiration of federal COVID-19 relief funds in December 2024. Many schools used those one-time funds to support temporary staff or programs. As those funds end, some schools are facing tough decisions.
In summary:
✅ No education programs have been cut.
✅ The Department of Education has not been dismantled.
✅ The executive order merely tasks the Secretary of Education with developing a proposal.
✅ Funding levels remain intact per the recently passed federal budget.
✅ Job losses in schools are far more likely tied to expiring COVID-19 funds, not federal policy changes.
Please don’t hesitate to reach out if you need additional clarification or documentation.
Update on USED Decision Impacting ESSER Funds
On March 28, 2025, the U.S. Department of Education (USED) announced a sudden reversal of previously granted late liquidation extensions for federal ESSER (Elementary and Secondary School Emergency Relief) funds. This decision set a firm deadline of March 28, 2025, at 5 p.m. ET (4 p.m. CDT) for all remaining funds to be liquidated, effectively canceling $1,987,422 in North Dakota’s previously approved federal education relief funding.
Impact on North Dakota
- North Dakota had 24 state-level projects approved for late liquidation, totaling $3,425,616.
- As of the deadline, 17 projects remained incomplete, representing $1,987,422 in lost federal funds.
- NDDPI has determined that 11 of these projects ($1,877,831) meet the criteria for reconsideration and is actively submitting justifications for a case-by-case extension request.
- The only school district impacted, Parshall Public School District, successfully completed its project before the deadline and remains unaffected.
Next Steps & Legislative Consideration
NDDPI is committed to pursuing all federal avenues to reinstate these funds. However, approval is not guaranteed. If the U.S. Department of Education denies our extension requests, we will respectfully request that the Legislature consider including these amounts in HB 1013 to ensure that key student support and learning recovery initiatives—some of which were directly supported by the Legislature, such as Amira—can still move forward.
See the itemized list of impacted projects below. Thank you for your attention to this critical issue.
Required FERPA and PPRA Survey for District Leaders Due Friday, April 11
Superintendents, assistant superintendents, and business managers should have received a survey pursuant to recent letters from the U.S. Education Department (USED) about Federal Educational Rights and Privacy Act (FERPA) and Protection of Pupil Rights Amendment (PPRA) compliance. USED has signaled a renewed and proactive enforcement approach, particularly in the following areas:
- Ensuring parents have full and timely access to their child’s education records, including records maintained outside the official cumulative file.
- Properly notifying parents of their FERPA and PPRA rights on an annual basis in ways that are reasonably likely to reach them.
- Avoiding the misuse of FERPA to withhold safety-related information.
- Avoid the misuse of FERPA to withhold information from entities that have legitimate educational interests or data-sharing agreements under FERPA provisions.
- Complying with obligations to provide access to military recruiters unless a parent has opted out.
The purpose of this survey is to gather information confirming *district compliance with these requirements with relevant policies, **annual notifications, and training practices related to FERPA and PPRA. It should not take more than 10 minutes to complete. One response is required per district by Friday, April 11.
*One recommended option for compliance is to note these policies in a prominent location on your district’s website where other policy and procedure resources are located.
**Annual Notification Requirement: Schools must annually inform parents and eligible students of their rights under FERPA in a way that is reasonably likely to reach them (e.g., school websites, handbooks, calendars).
Thank you for helping North Dakota meet this USED directive.
Legislative Update: SB 2351 and School District Annexations
SB 2351 has passed both the Senate and House, but due to House amendments, the Senate must now either concur or appoint a conference committee.
If passed in its current form, the bill will modify N.D.C.C. ch. 15.1-12 with the following key changes:
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Annexations by Exchange of Property: The taxable valuation difference, previously capped at $1,000, must now be mutually agreed upon by both school districts. This section includes an emergency clause, making it effective immediately upon filing with the Secretary of State.
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Annexation Hearings: Property owners involved in annexations must receive certified mail notices (with return receipt requested) at least 21 days before hearings.
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Tax Obligation Considerations: County committees shall accept evidence and testimony during hearings regarding changes in tax obligations for affected property owners.
The State Board of Public School Education will continue to monitor the progress of SB 2351 and provide updates as they become available.
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