Linda McMahon, President Trump鈥檚 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鈥檚 executive order on 鈥渞adical indoctrination.鈥�
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 鈥渄iscriminatory equity ideology鈥� and 鈥済ender ideology.鈥�
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鈥檚 executive order.
McMahon said she wants to 鈥渢ake a look at these programs and totally understand the breadth of the executive order鈥� before she makes definitive statements about which programs are and aren鈥檛 appropriate.
Moments earlier, Murphy had asked about extracurricular activities geared toward students from particular groups.
鈥淵ou鈥檙e saying it鈥檚 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?鈥� Murphy said.
McMahon replied, 鈥淚 would like to fully know what the order is and what those clubs are doing.鈥�
鈥淭hat鈥檚 pretty chilling,鈥� Murphy replied. 鈥淚 think schools all around the country are gonna hear that.鈥�
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鈥檚 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鈥檛 count toward credit for high school graduation, and South Carolina rejected the course from its state roster for the 2024-25 school year.
鈥淢y son is in a public school. He takes a class called African American history. If you鈥檙e running an African American history class, could you perhaps be in violation of this executive order?鈥� Murphy asked.
鈥淚鈥檓 not quite certain, and I鈥檇 like to look into it further and get back to you on that,鈥� McMahon said.
鈥淪o there鈥檚 a possibility, there鈥檚 a possibility that public schools that run African American history classes鈥攖his is a class that has been taught in public schools for decades, could lose federal funding if they continue to teach African American history?鈥� Murphy asked.
鈥淣o, that鈥檚 not what I鈥檓 saying,鈥� McMahon replied. 鈥淚鈥檓 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. 鈥�
Murphy also asked McMahon to define DEI (which stands for diversity, equity, and inclusion) so that schools can identify programs that fall under it.
鈥淚t鈥檚 a program that鈥檚 tough,鈥� McMahon said. 鈥淚t was put in place ostensibly for more diversity, for equity and inclusion. And I think what we鈥檙e seeing is that it鈥檚 having an opposite effect.鈥�
McMahon said DEI programs have increased racial segregation in schools, citing 鈥渟eparate graduation ceremonies鈥� for Black and Hispanic students. Some colleges and universities have , though they鈥檙e 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鈥檚 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.
