Linda McMahon, President Trump’s nominee to lead the U.S. Department of Education, declined Thursday to say definitively that classes on subjects like African American history would be permissible under President Trump’s executive order on “radical indoctrination.”
McMahon also said schools with clubs for groups of students from a particular racial or ethnic identity could be at risk of violating the order and lose federal funding as a result.
In his second week in office, Trump signed an executive order for federal officials to develop plans for withholding money from K-12 schools that engage in what he calls “discriminatory equity ideology” and “gender ideology.”
Sen. Chris Murphy, D-Conn., pressed McMahon during her Senate confirmation hearing about how K-12 schools can figure out whether their programs violate Trump’s executive order.
McMahon said she wants to “take a look at these programs and totally understand the breadth of the executive order” before she makes definitive statements about which programs are and aren’t appropriate.
Moments earlier, Murphy had asked about extracurricular activities geared toward students from particular groups.
“You’re saying it’s a possibility that if a school has a club for Vietnamese American students or Black students, where they meet after school, they could potentially be in jeopardy of receiving federal funding?” Murphy said.
McMahon replied, “I would like to fully know what the order is and what those clubs are doing.”
“That’s pretty chilling,” Murphy replied. “I think schools all around the country are gonna hear that.”
Murphy, a Democrat who defeated McMahon in the 2012 race to represent Connecticut in the U.S. Senate, also asked McMahon whether African American history classes would violate Trump’s order.
A newly launched Advanced Placement course on African American history faced a tumultuous start as 17 states in recent years have passed laws limiting how teachers can discuss race and racism in their classrooms. In Florida, education officials banned the AP African American History pilot course for allegedly violating the state law restricting discussions on race. Arkansas in 2023 said the course wouldn’t count toward credit for high school graduation, and South Carolina rejected the course from its state roster for the 2024-25 school year.
“My son is in a public school. He takes a class called African American history. If you’re running an African American history class, could you perhaps be in violation of this executive order?” Murphy asked.
“I’m not quite certain, and I’d like to look into it further and get back to you on that,” McMahon said.
“So there’s a possibility, there’s a possibility that public schools that run African American history classes—this is a class that has been taught in public schools for decades, could lose federal funding if they continue to teach African American history?” Murphy asked.
“No, that’s not what I’m saying,” McMahon replied. “I’m saying that I would like to take a look at these programs and totally understand the breadth of the executive order and get back to you on that. “
Murphy also asked McMahon to define DEI (which stands for diversity, equity, and inclusion) so that schools can identify programs that fall under it.
“It’s a program that’s tough,” McMahon said. “It was put in place ostensibly for more diversity, for equity and inclusion. And I think what we’re seeing is that it’s having an opposite effect.”
McMahon said DEI programs have increased racial segregation in schools, citing “separate graduation ceremonies” for Black and Hispanic students. Some colleges and universities have graduation events for students from a shared identity or background, though they’re typically optional and supplemental to traditional graduation ceremonies all students attend.
The federal executive branch lacks the authority to unilaterally withhold spending appropriated by Congress for programs or recipients it disagrees with. The Trump administration has tested laws and constitutional provisions that restrict the president’s spending authority.
So far, a handful of federal district court judges have ruled against him, ordering the administration to cancel efforts to freeze federal funds.
