The White House on Wednesday said it had “鈥� $175 million in federal funding from the University of Pennsylvania after a transgender swimmer, Lia Thomas, in 2022 won several medals in Division I women’s swimming.

Also on Wednesday, the U.S. Education Department said its Office of Civil Rights had that the state of Maine violated federal Title IX anti-discrimination law after Katie Spencer, a young transgender pole vaulter, won a state championship last month. The department said Maine could jeopardize federal funding if it doesn鈥檛 鈥渟wiftly and completely鈥� reverse its policies.听

Protests followed after Thomas and Spencer听began competing in women鈥檚 competitions and fared better than they previously had in men鈥檚听events.

The moves follow through on a promise Trump made 16 days after his second inauguration, when he issued an threatening to rescind federal funding from schools that let transgender women play on women鈥檚 sports teams

As with other aspects of Trump鈥檚 presidency, it leaves institutions in the unenviable position of caving before an increasingly aggressive White House 鈥� or fighting back in federal court, where many of the legal issues remain unsettled and, in a few cases, have actually favored trans students.

The order鈥檚 practical effect: confusion, especially in the roughly half of states that allow transgender athletes to compete in sports consistent with their gender identity. These state laws and policies now face a powerful conservative backlash that sees trans athletes鈥� participation at every level as patently unfair and itself, and seeks to remove them 鈥� and their accomplishments 鈥� altogether.

Leading the charge: the education department鈥檚 Office of Civil Rights, which has opened more than half a dozen investigations in two months. Along with probes of anti-semitism, trans athletic policies now dominate OCR鈥檚 investigative portfolio, despite to the office by Elon Musk鈥檚 Department of Government Efficiency.

Jackie Gharapour Wernz, a former OCR attorney who now consults for educational institutions, called the new administration鈥檚 approach 鈥渦nprecedented 鈥� but it’s not even just unprecedented. It’s so much further beyond precedent that it just feels like we’re in a completely different world at this point.鈥�

鈥淚’ve never seen anything like this,鈥� she said.

鈥楩airness and safety鈥�

Penn, Trump鈥檚 alma mater, late Wednesday said it had not received any notification or details of the action. But a spokesperson told the that the university 鈥渉as always followed NCAA and Ivy League policies regarding student participation on athletic teams.”

A spokesperson for the Maine Department of Education did not immediately respond to a request for comment. 

As with Maine, several states are finding that adhering to their own laws can invite a federal investigation 鈥� and an abrupt cut in aid 鈥� from an administration that is comfortable calling out educators who they see as failing to protect young women in sports. 

The complexity in many ways mirrors public perception. Recent , for instance, find that while 56% of Americans support policies that protect trans people from discrimination in jobs, housing and public spaces, 66% favor laws and policies that require trans athletes to compete on teams that match their sex assigned at birth. 

鈥淎s a parent, I鈥檓 concerned about fairness and safety for my girls in sports,鈥� said Tiffany Justice, a co-founder of Moms for Liberty and a mother of four. Allowing 鈥渂iological males鈥� to compete in women鈥檚 events, she said, 鈥渦ndermines the level playing field鈥� that federal regulations were meant to protect, 鈥済iven the inherent physical advantages men have.鈥�

In 2025, the issue no longer falls entirely along ideological lines. Democratic California Gov. Gavin Newsom has said transgender athletes playing in women鈥檚 sports is 鈥溾�� to female athletes. 

States evenly divided

Title IX prohibits sex discrimination in education programs that receive federal funding, but whether that applies to trans students and athletics remains an open question. President Biden in 2022 put forth a sweeping set of changes protecting students against discrimination based not just on sex but on sexual orientation and gender identity, in effect making transgender students a protected class. But the proposal sidestepped the question of athletics, with administration officials at the time saying those regulations would come soon. 

They never came, and the Title IX protections for LGBTQ students have been repeatedly struck down by the courts. Biden put forth a draft rule to protect transgender athletes that acknowledged fairness issues but suggested they could be solved on a case-by-case basis. He last December in advance of Trump鈥檚 second term.听

The Republican-controlled House of Representatives approved a transgender ban on women鈥檚 and girls鈥� sports, but the Senate a bid to consider it earlier this month, leaving educators in many states to figure it out on their own.

Add to that in federal courts that have upheld the rights of trans athletes, said Wernz, and schools are in 鈥渁n incredibly tough position,鈥� especially considering Trump鈥檚 order. 

State laws are on the subject: 23 states and the District of Columbia allow transgender students to play on sports teams consistent with their gender identity.

Five days after Trump鈥檚 executive order, , which oversees sports in public and private schools, that it was banning trans athletes from participating in girls鈥� sports, saying schools needed 鈥渃lear and consistent direction鈥� on the issue. For more than a decade, the group had allowed trans athletes to play via a waiver if they undertook sex reassignment before puberty or if they did hormone therapy, among other requirements.

The league, which oversees 318 schools and about 177,000 students, said just five students applied for waivers last year.

In addition to Maine and Penn, OCR is investigating state athletic associations in California and Minnesota, where officials have said they鈥檒l continue allowing trans athletes to compete on teams that match their gender identity. On March 3, it announced an into a school district in Washington State that allowed a trans player to compete in basketball last month.

It鈥檚 also San Jose State University and the Massachusetts Interscholastic Athletic Association for what it says are violations of Title IX.

Wernz, the former OCR attorney, who worked in both the Obama and Trump administrations, said schools and districts must now decide, 鈥溾�楧o we comply with the federal courts, or do we comply with the Department of Education?鈥� Frankly it’s a pretty new situation.鈥� 

鈥榃e鈥檒l see you in court.鈥�

To many, the case of Thomas, the Penn swimmer, has come to epitomize the current complications. In 2022, Thomas, who鈥檇 on the men’s team before transitioning in 2019, rose from 554th-ranked in the 200-yard freestyle to fifth. In the 500-yard freestyle, she rose from 65th as a male athlete to first in women鈥檚 competition.

While Penn and several teammates supported her during the process, three former Penn swimmers to remove Thomas鈥� achievements from the record books.

Pennsylvania鈥檚 interscholastic athletics governing body recently its policy to recognize Trump鈥檚 executive order, but the Philadelphia School District said it鈥檒l ignore the change in favor of its own policy, adopted in 2016, which allows trans athletes to play in sports that match their gender identity. 

While a few experts say that could jeopardize an estimated $216 million in Title I funding, Philadelphia civil rights attorney noted that Trump鈥檚 executive order doesn鈥檛 carry the weight of law 鈥� or supersede Title IX, state law or multiple court decisions that have sided with trans students.

She said Trump 鈥渉as been purposely sowing a lot of chaos and confusion,鈥� with schools fearful of losing federal funds.

The push to ban trans athletes comes despite the fact that vanishingly small numbers of these students are pushing to play. Shortly after Trump issued the executive order, NCAA President Charlie Baker said the organization would to restrict female athletic competitions solely to student athletes 鈥渁ssigned female at birth.鈥� Several sports associations followed suit, even though Baker last year told Congress that of the more than 500,000 students it represents, fewer than 10 are transgender.

Chris Young, the principal of , a 720-student regional school in Newport, Vt., near the Canadian border, rarely thinks about the topic. He knows that if trans female athletes in Vermont want to play girl鈥檚 sports teams, they can. Though he has no trans athletes on his roster, Vermont says treating students differently is illegal. 

In an interview, he recalled several conversations with students asking whether it鈥檚 fair that a young person who鈥檚 transitioning from male to female could gain a competitive advantage in sports. 

鈥淢y response is, 鈥楴o one does this as a choice. It’s who they are, and it’s an incredibly difficult road to go down if you are a transgender athlete,鈥欌�� he said. 鈥溾�楴o one chooses that because it’s easy, and no one chooses that because they want to win a state championship or set a record. That’s just not how it works.鈥欌��

But when trans athletes like Thomas win at nearly any competition, the backlash is often outsized. In Maine, Spencer, the transgender pole vaulter, in mid-February won the Class B state championship in pole vaulting with a jump of 10 feet, 6 inches 鈥� more than six inches higher than the next competitor. That led state Rep. Laurel Libby, a Republican, to post on X that in a previous season, as a male athlete, Spencer had in the event.

The issue a few days later, when President Trump got into a televised spat with Maine Gov. Janet Mills, a Democrat, during a meeting of governors at the White House. With Mills鈥� colleagues looking on, Trump called her out, asking if she鈥檇 comply with his executive order.

Mills said she鈥檚 鈥渃omplying with state and federal laws.鈥� Maine bars discrimination based on gender identity.

Trump responded, 鈥淲e are the federal law,鈥� and threatened to pull Maine鈥檚 federal funding. 

鈥淲e鈥檒l see you in court,鈥� she replied.

Later that day, the education department . Days later, the administration released a that all but foretold the outcome, saying it鈥檚 鈥渟hameful鈥� that Mills 鈥渞efuses to stand with women and girls.鈥� 

For her part, Mills says no president can withhold funding authorized by Congress 鈥渋n an attempt to coerce someone into compliance with his will.鈥� 

In a , she added, 鈥淢aine may be one of the first states to undergo an investigation by his Administration, but we won鈥檛 be the last.鈥�

The school choice advocate and Republican mega-donor has kept a relatively low profile since leaving Washington last January, mostly attending to policy developments in her home state of Michigan. Her call to eliminate the U.S. Department of Education, unveiled at , represented a return to the national spotlight 鈥� not just for DeVos, but for an idea that has hung around Republican politics for decades. 

Even more remarkably, DeVos鈥檚 sentiments were echoed a few weeks later by her former boss. Denouncing what he described as the politicized teaching of subjects like race and sexuality before a joyful crowd at the Conservative Political Action Conference, that if the federal government promoted 鈥渞adicalism鈥� in academic instruction, 鈥渨e should abolish the Department of Education.鈥�

Conservatives have sought to scrap the department, and dramatically reduce Washington鈥檚 K-12 footprint, since it was created in 1979. Those efforts, including that would take effect by the end of this year, have generally been seen as quixotic; even when they held unified control over Congress and the White House, Trump and DeVos floated, but never came close to pursuing, the Departments of Education and Labor.

The political fallout of that kind of reshuffle would be hard to predict, but potentially severe. According to , over half of Americans view the Department of Education favorably. The department collects and disseminates scientific evidence on schooling through the Institute of Education Sciences, plays a public watchdog role through its Office of Civil Rights, and helps equalize school funding with the tens of billions of dollars provided by Title I. All of these purposes are served with of any cabinet department. 

But while policy experts consider outright abolition a farfetched notion, they say it reflects a long-running contest between dueling urges in American education: a strong distrust of federal influence on one hand, and on the other, profound dissatisfaction with the status quo. During the presidencies of George W. Bush and Barack Obama, the second impulse was dominant, with massive new federal initiatives launched around school performance and accountability. But resistance to federal authority has been growing for a decade, and the renewed energy around abolition is breaking through just as the disgust of Republican voters 鈥� with perceived indoctrination in classrooms, federal recommendations on COVID safety, and much else 鈥� has crested. 

Kevin Kosar, a senior fellow at the right-leaning American Enterprise Institute who studies public administration, said that the government鈥檚 response to COVID had engendered 鈥渁 clear backlash鈥� among Republicans. Even as pandemic health measures were largely decided at the state level, he added, Washington鈥檚 guidelines on masking and vaccines in schools have fueled the party鈥檚 enmity toward federal interventions in education.

鈥淭he Right certainly doesn’t trust the federal government to lead some sort of learning recovery response,鈥� Kosar said. 鈥淭hey would much rather pull the power back to local communities and have the feds stay as far away as possible.鈥�

Jack Jennings, a retired policy maven who served as the Democrats鈥� top education aide in the House of Representatives, argued that shrinking the public sector is never as easy as it sounds. But he added that abolition is electorally potent with the Republican base before the 2022 midterm elections, likening it to a 鈥渞ed flag in front of a bull.鈥� 

鈥淚t’s not an issue that’s going to come to fruition soon, but it鈥檚 one of those things that rattles the cages of conservatives,” Jennings said.

Unions divided

The department has always had its share of detractors. At its inception, that group even included many Democrats.

By the late 1970s, the federal government鈥檚 responsibilities over education 鈥� codified in landmark laws like the Elementary and Secondary Education Act of 1965 鈥� were housed in the then-Department of Healthcare, Education, and Welfare. President Jimmy Carter鈥檚 insistence on carving out an entity devoted specifically to K-12 was borne of , the nation鈥檚 largest teachers鈥� union, which had helped Carter secure the Democratic nomination in 1976. Until that election, the NEA had never issued a presidential endorsement.

But according to Jennings, many in the president鈥檚 own party were leery of the idea. Even fervent liberals worried that a dedicated agency would induce untold 鈥渕eddling鈥� in the affairs of schools and districts. Albert Shanker, the influential president of the American Federation of Teachers, lobbied against the change out of concern that his own union would be put at a disadvantage.

“[Carter] was fulfilling a campaign promise by sending it to the Congress,鈥� Jennings recalled. 鈥淏ut when the Congress received it, Democrats were not all in favor of it.”

In the end, necessary authorizing legislation passed in the perennially Democratic House . But Democratic resistance faded over time, as the government鈥檚 sizable outlays to educate poor and disabled students gelled easily with the party鈥檚 own priorities. Hostility among Republicans would be a feature of the policy landscape for years to come.

Ronald Reagan the newly created department while still a presidential candidate. That pledge years later, following the national alarm stoked by the release of the administration鈥檚 bombshell report, A Nation at Risk; after declaring a national education emergency in its first term, it would have appeared perverse for the administration to gut the nation鈥檚 foremost education authority in its second.

Still, Reagan later appointed as education secretary the public intellectual William Bennett, whose views were . And the Republican position remained clear for years afterward. Lamar Alexander, a former Tennessee governor who led the department under President George H.W. Bush and later served three terms in the U.S. Senate, his abortive 1996 presidential campaign. for eventual nominee Bob Dole included a promise to eliminate the Department of Education (along with the Departments of Energy, Commerce, and Housing and Urban Development).

David Cleary, a former senior aide to Alexander who now serves as the Republican staff director for the Senate鈥檚 Committee on Health, Education, Labor, and Pensions, said his party鈥檚 enduring skepticism toward federal overreach explained its drive to abolish. Moreover, few of the department鈥檚 functions need to be administered nationally.

鈥淭he U.S. Department of Education doesn’t establish a curriculum 鈥� thank God 鈥� doesn’t establish education standards, doesn’t establish tests, and doesn’t establish criteria for institutions of higher education,鈥� Cleary said. 鈥淪o it really is just a grant-making entity with a huge bureaucracy.鈥�

A short-lived honeymoon

Notwithstanding the Right鈥檚 philosophical objections, however, the last quarter-century has been a time of bipartisan acceptance for the department. The key figure in that detente was George W. Bush.

It was the Texas governor鈥檚 wholesale embrace of education reform 鈥� part of a 鈥渃ompassionate conservative鈥� push that helped Republicans recover from Dole鈥檚 landslide 1996 defeat 鈥� that set the stage for the No Child Left Behind Act. That law, the biggest expansion of the federal government鈥檚 educational powers since the Civil Rights era, was enacted through a generational compromise with Democrats: The Left would get more resources to improve chronically failing schools (which they later complained was short-changed), while the Right would get tighter accountability for academic results (which later trampled on local autonomy, they grumbled).

Both parties returned early from their political honeymoon, with Democrats and teachers鈥� unions against a law they helped shepherd into being. But it was Republicans, disenchanted with the department鈥檚 broader scope over local schools, that migrated further from the vision of a more muscular federal role.

Their distaste only grew as responsibility for implementing NCLB fell to the Obama administration. As Secretary of Education Arne Duncan backed ambitious policy initiatives like Race to the Top and Common Core, Tea Party conservatives 鈥� increasingly in concert with the leadership of both NEA and AFT 鈥� demanded a reversal of the department鈥檚 growing remit. 

Chester Finn, a senior fellow at the conservative Hoover Institution and president emeritus of the Thomas B. Fordham Institute, compared the public鈥檚 attitude toward education reform to a pendulum that periodically swings toward greater federal involvement.

鈥淏ut then we suddenly discover that that’s too pushy鈥nd it’s embarrassing people, so there’s a backlash,鈥� Finn remarked. 鈥淭hat’s what was beginning to happen in the late Bush and Obama years, and that’s when they started giving waivers and making exceptions so that the pushing wasn’t as hard or as uniform.鈥�

The retreat from NCLB鈥檚 strictures in the mid-2010s was not total. The law that supplanted it, 2015鈥檚 Every Student Succeeds Act, left in place some Bush- and Obama-era accountability measures while granting states more freedom to chart their own course. But even the relaxation of regulations couldn鈥檛 shield the department from the dissatisfaction that would follow in the pandemic era.

鈥淚t still felt like there was a truce, fundamentally 鈥� that the federal role in education was legit,鈥� said AEI鈥檚 Kosar. 鈥淭hen we get some of the executive orders in the Obama administration that struck the right as 鈥榳oke.鈥� And now we get schools being an epicenter for debates about how to respond to the coronavirus. That鈥檚 what sparked the most recent revolt against the feds.鈥�

鈥楢nyone pushing this is going to be savaged鈥�

If the intellectual history of abolition is well-documented, its potential as a governing proposal is hazy.

To put it simply, the Department of Education is a well-known entity with countless supportive constituencies. Eliminating its offices and employees would require relocating the trillion-dollar federal student loan program, which plays an integral role in sending millions of students to college. Title I, which dispenses billions to districts and schools that serve children facing academic and socioeconomic challenges, has its own army of defenders in both Congress and the states. Billions more go to special-education students.

鈥淚t’s going to be a heavy lift,鈥� Kosar said. 鈥淓very interest group is going to come out and want to keep its programs alive. And of course, anyone pushing to do this is going to be savaged viciously as anti-education.鈥�

Even if a future Republican administration were to keep the most popular initiatives intact, they would face two significant logistical hurdles. First, relocating those programs in other agencies 鈥� student loans at the Treasury, for instance, or the Office of Civil Rights at the Justice Department 鈥� would almost certainly require a statutory change that Democrats wouldn鈥檛 go along with. So full GOP control of government, plus filibuster-proof majorities, would be a necessity.

If this could be achieved, the federal role, however shrunken, would be scattered in pieces across the executive branch. Without the unified leadership provided by a secretary, their effectiveness could be severely hampered.

Jennings, the former longtime House staffer, said the end result would be a succession of functions 鈥渟pun off into different areas of the federal government. And there would be no coordination among them because they would be answerable to different people.鈥�

Cleary, the Senate HELP Committee aide, conceded that the political obstacles would be significant. But a more limited administrative campaign against the department, entailing the systematic elimination of Democratic regulations and mass block-granting of its various programs, could be achieved under a future Republican administration, he said.

鈥淚f I were the secretary of education, or advising one, I would do a hiring freeze and just not hire new people, and start to burn out the Deep State, if you will,鈥� he said. 鈥淵ou don’t really need as many people as they have.鈥�

Finn, a former department hand who openly desires a 鈥渟erious rethinking鈥� of the federal role in education, said that neither wholesale elimination nor reform was likely on any near-term timeframe. Entering an era of greater partisan divides on the Department of Education, he added, Republicans would be forced to offer greater specificity around their signature education promise.   

鈥淭he question’s always the same: Do [conservatives] just want to abolish the building with the name over it that says ‘Department of Education?’ Or do they want to abolish the federal functions that it contains? Because those are such different things.”