The Skillman Foundation

We are in the early days of understanding what will happen to the U.S. Department of Education, from breaking programs apart and resettling them elsewhere, to ending programs, to trying to move forward on the threat of abolishing it. We do know there’s been a mandate to push for using public taxpayer dollars to fund private and religious schools. This is happening under the guise of “parent choice,” however, we know this actually means schools will choose whom they will admit. And those who have high poverty levels and special needs rarely make these enrollment ledgers.  

We also know there is an assault on curriculum and states’ authority over schools.  

Two executive orders have been issued directing federal agencies to determine how to expand school choice and develop a strategy to end “radical indoctrination” in schools. Both orders put federal dollars on the line. With existing law, the White House has no bearing on curriculum, and no unilateral ability to pull back funding from individual schools or federal education programs.  

The federal move against DEI in schools  

An executive order issued on January 29, 2025, mandates that administration officials develop plans to eliminate federal funds for schools said to “indoctrinate” kids based on “gender ideology” and “discriminatory equity ideology,” instead mandating a commission enforcing “patriotic education.”  

All told, this order does not immediately cut funding. Instead, it directs several federal agencies—the Education, Defense, and Health and Human Services Departments—to make recommendations about eliminating federal funding to schools that are found to be guilty of such accusations. It also asks these agencies to identify funding that currently goes toward K-12 curriculum, instruction, teacher education, training, and more to rescind those funds and cut them in the future. 

Here is what is critical to remember in all the hubbub: The U.S. Department of Education, its secretary, and the federal government have no authority over curriculum matters. Within the last decade, bipartisan legislation has been signed by Congress ensuring that the states are fully in control of curriculum and academic standards.  

Derek Black, a professor of law at the University of South Carolina who specializes in constitutional law and public education, said in Education Week, “Under nondiscrimination laws including Title IX and Title VI, the Department’s Office for Civil Rights would have to investigate allegations, find a violation, and also find that the school is refusing to address the violation. The department would recommend a funding termination, and there would be a waiting period, during which Congress could override the department’s attempt to terminate funds.” 

The EdWeek article continues, “Through case law and regulation, the department can’t cut all funding to a school, either, to keep from harming innocent recipients, and to prevent vindictive or punitive use. The funding termination—which is rare—would have to target the particular program where OCR has found a violation. School districts can also appeal funding termination decisions.”  

The federal expansion of “school choice”

Another executive order issued on January 29^th directs a number of federal agencies to look into their ability to use funds they oversee to allow families to attend private schools—including religious schools, charter schools, and homeschooling. Under the order, agency heads must report back in the coming months on options to privatize education by repurposing Title I, federal childcare subsidies, and discretionary funds, with a push to implement this in the fall, at the start of the next school year. While vouchers are on the table for the current administration, mandating this isn’t legal and would face challenges in the courts. 

Michigan’s state constitution currently does not allow vouchers to be used for private schooling. However, the proposed program would divert federal funds that historically supported public schools.  

We are also watching revived legislation in Congress to expand school choice through a federal tax-credit scholarship program. The bill would provide tax credits to people and businesses that donate to organizations that grant scholarships for students to attend private schools. Under the measure, the federal government would provide $10 billion annually in tax credits.

How could all of this impact schools in Detroit and Michigan?

Though the vast majority of K-12 education spending comes from the states, the federal government funds about eight cents of every dollar spent, and that funding is important (see the U.S. Department of Education’s Fiscal Year 2025 Budget Summary). 

For individual school districts, the biggest pot of federal money for schools, outside of special education, is Title I, with at-risk funding based on federal poverty statistics to determine how much each district gets. The Detroit Public School Community District received more than $120 million in Title I funds for this school year, accounting for 9% of its total revenue, according to information from the State of Michigan. Title I funding for all Michigan districts totaled $487 million. Nationally, the U.S. DOE provided $18.6 billion in Title I funding this school year. 

Districts also receive federal money in Title II dollars to support instruction through professional development; Title III or English language learner instruction; and Title IV to support student enrichment in areas such as STEM. 

The National School Lunch Program subsidizes and supports breakfast and lunch for about 7.1 million children nationwide. In Michigan, all students receive free school meals, thanks to a combination of $515 million in federal reimbursements for meals served and payments from the State of Michigan. This policy has been enormously popular across the state. 

The loss of these dollars, these meals, and these directed funds for low-income, ESL, STEM, and teacher professional development would be catastrophic. Of the students enrolled in Detroit Public Schools Community District, 82% are from low-income households and 14% are English language learners.

Where do we go from here?

Key things to know (and share):

• Public education belongs to the public. It is ours to improve and it is ours to defend. 
• Public education is not liberal or conservative. It is not a place to play politics. It is the foundation of our shared destiny and the promise we make to every young person. 
• Every student should feel that they belong and are safe in their school. Research has shown that belonging is the key accelerant to improve student outcomes. It is the opposite of a deterrent. 
• Students should be taught about America’s full history. This is how we form a more perfect union. 
• We need to strengthen our public schools—where 90% of students and 95% of students with disabilities learn—not dismantle them. 
• For communities across this state, public schools are the hub and the engine. They are the gathering place for sports and performances, town halls, and voting. In many communities, the public school is the largest employer in town.  
• Michigan’s state constitution currently does not allow vouchers to be used for private schooling. However, what is being proposed could divert federal funds that public school students have long relied on. 
• The push to direct public K-12 education funding to private entities is NOT coming from families. A majority of voters, regardless of party, support public education and would choose to use federal funding on public schools over voucher programs. 
• Voucher programs have largely not led to better academic outcomes in the states they have been enacted in. Instead, academic disparities have grown. 
• Vouchers don’t work in many rural and urban areas where private schools are limited, as is transportation.  
• While private schools are the right option for some families, private schools are not under legal obligation to provide the same level of services as public schools, nor do they have to accept any and all students. In many school choice programs, families don’t choose, schools choose.  
• The story that “Critical Race Theory” is being taught in schools doesn’t bear out.   
  • A survey of high school students released in January 2025 found that most schools aren’t teaching a one-sided portrayal of the nation’s politics and history, but that their teachers grapple with discussing controversial topics in class.  
  • A sweeping 2024 report from the American Historical Association found that teachers mostly said they try to develop students’ historical thinking skills—teaching them how to think, not what to think. 
• Parents don’t want politicians who are not educators making decisions about what students learn in the classroom (68% of parents in a national poll).

The Skillman Foundation is steadfast in our mission to transform the education system in partnership with all. We believe in People Powered Education, putting power in the hands of students, families, and educators and connecting them to policy movers who can help translate their needs and aspirations into policies that create an exceptional education system that works for every student.  

Here, on our site, we will continue to bring light to movements in K-12 education and what we and our partners are doing to advance community-informed policy.