Legal Newsletter

February 7, 2025, No. 5

Many members have raised questions regarding the current state of the federal threat to dismantle the U.S. Department of Education, and what that might mean for educators and our students.  Any executive order to that effect would not abolish the DOE.  In the words of my friend Derek Black, a law professor and the author of Schoolhouse Burning, “at the end of the day, the President only has the power vested in him by the Constitution or by statute.”

Any potential executive order, however, could disrupt the operation of the DOE by taking a position that other executive orders have exhibited.  It could seek to further expand school choice and disrupt federal funding in school districts or schools where the President claims DEI “indoctrination” is occurring.  Further, the President might order the Secretary of Education to produce a plan to carry out these directives, or he might ask Congress to pass legislation to abolish the DOE, change the staffing requirements, change its organizational structure, or impact the funding of various programs.  Some of these programs have an immense impact on education funding in our schools, with federal funding accounting for an average of 7% of funding of school districts nationwide.

For example, the DOE is charged with administering the funding of programs under Title I, which are crucial to school districts, and funding the program under the Individuals with Disabilities Education Act.  There has been talk both at the federal level and here in Arkansas of converting this funding into block grants.  As a barometer, President Trump has told Linda McMahon, whose confirmation hearings are coming up, that “I hope you do a great job and put yourself out of a job.”

Dr. Bradley Bartels, Director of Legal Services 

February 3, 2025, No. 4

You may be aware that the incoming Trump administration has issued a plethora of executive orders. Many of these directly impact public education. Two of these executive orders are of particular interest to AEA educators.

The President has issued an executive order regarding a comprehensive “anti-indoctrination strategy” based upon the notion that schools “indoctrinate” children in radical ideologies which deliberately block parental oversight. This order calls for a study to be completed within 90 days to assess cutting off federal funding for schools which support “illegal or discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology.” The executive order also requires law enforcement officials to enforce the law by filing charges against educators for “sexually exploiting minors,” “unlawfully practicing medicine by offering diagnoses and treatment without the requisite license” or “otherwise unlawfully facilitating the social transition of a minor student.”

Further, the President has also issued an executive order entitled “Expanding Educational Freedom and Opportunity for Families,” which provides that federal agencies look for any “mechanisms” to support vouchers under existing funding programs. Specifically, the U.S. Department of Education has been directed to issue guidance within 60 days on how states may use formula funds to support “K-12 choice” and submit plans within 90 days about how discretionary grants can be used to support “education freedom.”

Dr. Bradley Bartels, Director of Legal Services

February 2, 2025, No. 3

The actions of the current administration have raised many questions and concerns about the impact of the executive orders on potential ICE actions taken against families of our students, and the potential impact of these actions on schools, teachers, and student safety and well-being. There is a wealth of information available to address these concerns. I am providing, in this Newsletter, some of the more important resources that might help us navigate in these challenging times.

We already have model policies on Safe Zone Resolution and District Policy that might be utilized in conversations with your school administrators, superintendents, and Boards of education. https://www.nea.org/resource-library/safe-zone-school-districts 

In addition to the guidance previously provided by the AEA in the Legal Newsletter on December 17, the NEA has provided some guidance in the form of an FAQ concerning Immigration and School Enrollment. https://www.nea.org/sites/default/files/2023-04/frequently-asked-questions-on-student-discrimination.pdf. The NEA has also provided guidance regarding immigration and schools. https://www.nea.org/sites/default/files/2023-04/know-your-rights-immigration-schools.pdf 

Dr. Bradley Bartels

Director of Legal Services

December 18, 2024, No. 2

The AEA Legal Services program is unmatched by any of the other professional education organizations which sell themselves as providing liability insurance for educators.  These organizations do not provide legal services to their members. 

The AEA, in partnership with the NEA, provides comprehensive legal services to members on a wide range of legal issues: 

• Disciplinary actions by an employer, including letters of reprimand, suspensions, or terminations. 
• Licensing investigations and hearings before the Professional Licensing Standards Board. 
• Issues with working conditions or enforcement of school district policies and procedures. 
• Civil rights issues under state or federal law, including Freedom of Speech or Freedom of Association. 
• Claims of discrimination under state or federal law, including discrimination based upon race, sexual orientation, gender identity, national origin, immigration status, race, ethnicity, or other grounds. 

The AEA, through the NEA’s Educators Employment Liability Program, also provides superior coverage including, but not limited to, $1 million in liability coverage, high limits for payment of legal costs, and up to $35,000 for employment-related criminal charges, subject to $3,000,000 per occurance aggregate for all claims.

December 17, 2024, No. 1

Immigration Fast Legal Points for AEA Educators

• Under the U.S. Constitution, public schools must teach all students free of charge regardless of whether they are “documented.” The “Plyler Right” provides that states cannot withhold funding for K-12 education.
• School districts should not inquire about students’ or their parents’ immigration status. School districts cannot disclose personally identifiable students records without the written consent of parents or a lawful subpoena or court order.
• School districts can disclose students’ “directory information” unless the student’s parents have “opted out.”
• Under the new administration, it is likely that there may be ICE raids in schools and districts that do not have a “safe zone” policy. Many of the protections of immigrant students such as DACA or birthright citizenship may be curtailed.

What to Do, and What Not To Do for AEA Educators

• Encourage your school district to initiate a “safe schools” policy or resolution. Model policies for use are available through the AEA Legal Department.
• If ICE shows up at your school, direct them to the school district superintendent.
• Do not physically interfere with or obstruct an immigration officer.
• Do not conceal, harbor, or shield from detection someone the educator knows or should know is undocumented. This is a federal crime. Merely providing a place to stay for an undocumented person is not “harboring.”