Wednesday, February 18, 2026

Banned Words, Head Start, Executive Orders, Court Injunctions

Request: I received a message from a friend about specific words that are banned in relationships to Head Start settings. Here was the instagram post: 

The Trump administration is putting extreme restrictions to Head Start programs, including preventing the use of words like "woman," “disability,” and “race” when applying for grants. We're taking President Trump to court to protect this critical program.


 Was it true? Were these words actually banned? Kinda. Here's the scoop: 

What do the Executive Orders Actually Say? 

There ARE executive orders published in January of 2025 that addressed terminology about gender and diversity. 

Executive Order 14151: I think this is the link: https://www.whitehouse.gov/presidential-actions/2025/01/ending-radical-and-wasteful-government-dei-programs-and-preferencing/ 

Executive Order 14168: 

There is another law the language appears with called EO 14173. 

The EO thing does this: Basically - this is the language that the government says that we are supposed to be using the term "sex" and not "gender." The "WE" referenced means people who work for the government. Or get money from them. All federal policies and documents must use the term "sex" in terms of "male" and "female" because they are "immutable biological classifications." 

BOTH EO and 14173 says that no programs can exist that use that kind of language. All language on websites and grants may not use these kinds of words; 

  • "Diversity, Equity, and Inclusion" 
  • "(DEI)"
  • "Gender and Identity" 
  • "Sex is not a synonym for and does not include the term 'gender identity." 
  • "Equity" and "Equity-related" 
  • "Environmental Justice" 
  • "Marginalized communities" 
  • "Socially disadvantaged" 
Here's where it actually comes from and lives in the documents: 

Section 2(i): Agencies shall terminate, to the maximum extent allowed by law, all DEI, DEIA, and "environmental justice" offices... all "equity action plans," initiatives, or programs.

Section 3(a): Agencies must eradicate the use of "gender identity" and implement regulations, guidance, forms, and communications to comply... [recognizing] the two biological sexes are not interchangeable.

What about the "six page" list of banned terms?

Well. There's a lawsuit: Washington State Association of Head Start et al. v. Kennedy. The Washington State folks were applying for a grant. Allegedly, the US Department of Health and Human Services (HHS) sent the Washington folks  - and perhaps some other grant applicants - a pdf that asked them to delete particular words to make sure their funding renewal requests could even be processes. 

The court filings from December 5th post this document as their exhibit one.  https://assets.aclu.org/live/uploads/2025/12/Doc-135-1-Dec.-of-Mary-Roe.pdf See item 12 for the specific details and terms they were asked to remove. 

The ACLU added a supplementary record to describe how the list has been used to reject the applications and funding: https://assets.aclu.org/live/uploads/2025/12/Doc-136-Mot.-to-Supp-Record.pdf. See page 2 of 10 at the end for specific words. Page 3 continues the list and describes the impact for the next two pages. 

Current Status: 

It's blocked for now. Can't be enforced. 
In the January 7th preliminary injunction, the federal judge told the administration they had to stop asking folks to take these words out of the applications because they are part of the requirements in the Head Start Act. Basically it is a paradox - they have to prove they are following the act in their grant proposals. If they can't use those words, they can't prove their adherence to the criteria. 

Salient Segments of the Act: 

See 42 U.S.C. § 9831 et seq 

1. Language Regarding "Disability" and "Special Needs"

The administration's list flagged "disability" and "special needs," but the Act requires a specific percentage of enrollment be dedicated to these children.   

  • Section 640(d)(1): "The Secretary shall establish policies and procedures to assure that, for fiscal year 2009 and thereafter, not less than 10 percent of the total number of children actually enrolled by each Head Start agency and each delegate agency will be children with disabilities."   

  • 2. Language Regarding "Race," "Ethnicity," and "Diversity"

While "race" and "diversity" were on the list of terms to limit, the Act mandates that programs be "culturally and linguistically appropriate."

  • Section 640(a)(5)(E): Requires the Secretary to "develop and implement a system... to ensure that Head Start programs are culturally and linguistically appropriate" and to account for the "ethnic and racial" diversity of the children served.

3. Language Regarding "Tribal" and "Native American" Populations

The "banned" list included "Tribal" and "Native American," but the Act creates a specific legal designation for these programs.

4. Language Regarding "Pregnant Women" and "Gender"

The administration sought to replace "pregnant women" with "pregnant people" or remove the term entirely; however, the Head Start Act uses "pregnant women" as a specific eligibility category for Early Head Start.

  • Section 645A(c)(2): "Enrolled participants... shall be low-income pregnant women and families with children under age 3."

5. Language Regarding "Trauma" and "Mental Health"

The list sought to limit terms like "trauma-informed," but the Act explicitly requires programs to provide these services.

  • Section 641A(b)(3)(B)(iii): Mandates that performance standards include requirements for "health, mental health, and disability services."

Contact Information: 

The House Committee on Education and the Workforce for the 119th Congress (2025–2026) is the primary legislative body overseeing education and labor policy.

Leadership & Key Contacts

Official Contact Information:

Relevant Subcommittees

The committee operates through specialized subcommittees that handle specific areas of the Head Start Act and workforce regulations:

Current Legislative Focus (2026)

The committee has recently held hearings on the following topics:

  • "Defending Faith and Families Against Government Overreach" (Feb 10, 2026)

  • "Work, Dignity, and Choice in Disability Employment" (Feb 13, 2026)

  • "Examining the Policies and Priorities of the Mine Safety and Health Administration" (Jan 22, 2026)


References: 

American Council on Education. (2025, August 7). President Trump's Executive Orders (EOs) and Actions Impacting Higher Education.

Ballard Spahr LLP. (2026, February 18). DEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty. JDSupra.

Executive Order 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing (Jan. 20, 2025).

Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025).

Exhibit C to the Declaration of Mary Roe (Doc. 135-1) (Dec. 5, 2025).

Morgan, Lewis & Bockius LLP. (2025, January 23). Executive Orders Target DEI Programs and Gender Protections.

Motion to Supplement Record: Doc. 136, describing the list and its impacts (Dec. 5, 2025).

Preliminary Injunction: Issued by the U.S. District Court for the Eastern District of Washington (Jan. 7, 2026).

The Head Start Act: 42 U.S.C. § 9831 et seq.

The White House. (2025, January 20). Executive Order 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing.

The White House. (2025, January 21). Executive Order 14173: Ending Illegal