The Congress finds that—(1) education is fundamental to the development of individual citizens and the progress of the Nation;
(2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex;
(3) parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role;
(4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States;
(5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home;
(6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted;
(7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities;
(8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education;
(9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch of the Government; and
(10) there is no single, full-time, Federal education official directly accountable to the President, the Congress, and the people.
(Pub. L. 96–88, title I, § 101, Oct. 17, 1979, 93 Stat. 669.)
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 96–88, title VI, § 601, Oct. 17, 1979, 93 Stat. 696, provided that:
“(a) The provisions of this Act [see Short Title note below] shall take effect one hundred and eighty days after the first Secretary takes office, or on any earlier date on or after October 1, 1979, as the President may prescribe and publish in the Federal Register [prescribed as May 4, 1980, by Ex. Ord. No. 12212, formerly set out below], except that at any time on or after October 1, 1979—“(1) any of the officers provided for in title II of this Act [subchapter II of this chapter] may be nominated and appointed, as provided in such title; and
“(2) the Secretary may promulgate regulations pursuant to section 505(b)(2) of this Act [section 3505(b)(2) of this title].
“(b) Funds available to any department or agency (or any official or component thereof), the functions or offices of which are transferred to the Secretary or the Department by this Act [see Short Title note below], may, with the approval of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any officer appointed pursuant to this title [this section and section 602 of Pub. L. 96–88 set out below] and other transitional and planning expenses associated with the establishment of the Department or transfer of functions or offices thereto until such time as funds for such purposes are otherwise available.”
Short Title of 1990 AmendmentPub. L. 101–392, title VI, § 601, Sept. 25, 1990, 104 Stat. 840, provided that: “This title [enacting section 3423a of this title, amending section 3424 of this title, repealing sections 1131 and 3423 of this title, and enacting provisions set out as a note under section 2403 of this title] may be cited as the ‘Office of Correctional Education Act of 1990’.”
Short TitlePub. L. 96–88, § 1, Oct. 17, 1979, 93 Stat. 668, provided in part: “This Act [enacting this chapter, amending sections 928, 929, 1102, 2390, 2711, and 3012 of this title, section 19 of Title 3, The President, sections 101, 5312, and 5314 to 5316 of Title 5, Government Organization and Employees, sections 2, 9, and 11 of the Inspector General Act of 1978, set out in the Appendix to Title 5, section 1004 of Title 21, Food and Drugs, and sections 761b, 794c, 821, 829, 873, 879, 882, 914, and 952 of Title 29, Labor, and enacting provisions set out as notes under this section and section 1102 of this title] may be cited as the ‘Department of Education Organization Act’.”
Emergency Assistance and Relief to Schools; Maintenance of Effort and EquityPub. L. 117–2, title II, §§ 2001–2004, Mar. 11, 2021, 135 Stat. 19–24, provided that:
Emergency Funding for EducationPub. L. 116–260, div. M, title III, §§ 311–317, Dec. 27, 2020, 134 Stat. 1924–1936, provided that:
[For definition of “coronavirus” as used in sections 311–317 of Pub. L. 116–260, set out above, see section 8 of Pub. L. 116–260, set out as a note under section 5547 of Title 5, Government Organization and Employees.]
Pub. L. 116–136, div. B, title VIII, §§ 18001–18008, Mar. 27, 2020, 134 Stat. 564–569, provided that:
[For definition of “coronavirus” as used in sections 18001–18008 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]
Interim AppointmentsPub. L. 96–88, title VI, § 602, Oct. 17, 1979, 93 Stat. 696, provided that:
“(a) In the event that one or more officers required by this Act [see Short Title note above] to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act [May 4, 1980] and notwithstanding any other provisions of law, the President may designate an officer in the executive branch to act in such office for one hundred and twenty days or until the office is filled as provided in this Act, whichever occurs first.
“(b) Any officer acting in an office in the Department pursuant to the provisions of subsection (a) shall receive compensation at the rate prescribed for such office under this Act.”
Executive Documents
Executive Order No. 12212
Ex. Ord. No. 12212, May 2, 1980, 45 F.R. 29557, which established the effective date for the Department of Education Organization Act, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Ex. Ord. No. 14214. Keeping Education Accessible and Ending COVID–19 Vaccine Mandates in Schools
Ex. Ord. No. 14214, Feb. 14, 2025, 90 F.R. 9949, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose and Policy. Some school districts and universities continue to coerce children and young adults into taking the COVID–19 vaccine by conditioning their education on it, and others may re-implement such mandates. Parents and young adults should be empowered with accurate data regarding the remote risks of serious illness associated with COVID–19 for children and young adults, as well as how those risks can be mitigated through various measures, and left free to make their own decisions accordingly. Given the incredibly low risk of serious COVID–19 illness for children and young adults, threatening to shut them out of an education is an intolerable infringement on personal freedom. Such mandates usurp parental authority and burden students of many faiths.
It is the policy of my Administration that discretionary Federal funds should not be used to directly or indirectly support or subsidize an educational service agency, State educational agency, local educational agency, elementary school, secondary school, or institution of higher education that requires students to have received a COVID–19 vaccination to attend any in-person education program.
Sec. 2. Definitions. For the purposes of this order:
(a) The term “educational service agency” has the meaning given in 20 U.S.C. 1401(5).
(b) The term “elementary school” has the meaning given in 34 CFR 77.1(c).
(c) The term “institution of higher education” has the meaning given in 20 U.S.C. 1001(a).
(d) The term “local educational agency” has the meaning given in 34 CFR 77.1(c).
(e) The term “secondary school” has the meaning given in 34 CFR 77.1(c).
(f) The term “State educational agency” has the meaning given in 34 CFR 77.1(c).
Sec. 3. Ending COVID–19 Vaccine Mandate Coercion. (a) The Secretary of Education shall as soon as practicable issue guidelines to elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education regarding those entities’ legal obligations with respect to parental authority, religious freedom, disability accommodations, and equal protection under law, as relevant to coercive COVID–19 school mandates.
(b) Within 90 days of the date of this order [Feb. 14, 2025], the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall provide to the President, through the Assistant to the President for Domestic Policy, a plan to end coercive COVID–19 school mandates, consistent with applicable law, and including, as appropriate, any proposed legislation. Such plan shall also include:
(i) a list of discretionary Federal grants and contracts provided to elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education that are non-compliant with the guidelines issued pursuant to subsection (a) of this section; and
(ii) each executive department or agency’s process for, to the maximum extent consistent with applicable law, preventing Federal funds from being provided to, and rescinding Federal funds from, elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education that are non-compliant with the guidelines issued pursuant to subsection (a) of this section.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ensuring a Safe Return to In-Person School for the Nation’s Children
Memorandum of President of the United States, Aug. 18, 2021, 86 F.R. 46951, provided:
Memorandum for the Secretary of Education
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. As the school year starts across the country, a top priority of my Administration is to do everything in our power to ensure a safe return to full-time, in-person school for our Nation’s children. With increased access to vaccinations for school staff and students age 12 and older, proven virus prevention strategies, and unprecedented resources from the American Rescue Plan Act of 2021 (Public Law 117–2) [see Tables for classification] (American Rescue Plan) and other Federal pandemic relief funds, opening all schools this fall for full-time, in-person learning is essential. At the same time, the Centers for Disease Control and Prevention (CDC) has made clear that, with the B.1.617.2 (Delta) variant driving an increase in COVID–19 cases nationally, it is critical for schools to protect students against exposure, especially given the number of children who are ineligible to obtain the vaccine at this time. The CDC has provided clear guidance to schools on how to adopt science-based strategies to prevent the spread of COVID–19, and the Department of Education has provided guidance to schools on how to reopen safely while addressing the academic, social, emotional, and mental health needs of our Nation’s students.
Many Governors and other State and local officials have risen to the challenge of beginning the new school year safely and responsibly by implementing prevention and mitigation strategies to maximize the health and safety of students, educators, and staff. The Federal Government is supporting these efforts in critical ways. The American Rescue Plan provides significant support to schools to develop and implement science-based health protocols to prevent the spread of COVID–19. Additionally, the Federal Emergency Management Agency is reimbursing States, including their school districts, at 100 percent Federal cost share to support the safe reopening and operation of school facilities and to effectively maintain the health and safety of students, educators, and staff.
At the same time, however, some State governments have adopted policies and laws that interfere with the ability of schools and districts to keep our children safe during in-person learning. Some of these policies and laws have gone so far as to try to block school officials from adopting safety protocols aligned with recommendations from the CDC to protect students, educators, and staff. And some State officials have even threatened to impose personal financial consequences on school officials who are working tirelessly to put student health and safety first and to comply with their legal obligations to their communities to further the essential goal of a safe, in-person education for all students.
Our priority must be the safety of students, families, educators, and staff in our school communities. Nothing should interfere with this goal.
Sec. 2. Department of Education Role in Ensuring a Safe Return to In-Person School. (a) In furtherance of the policy set out in section 1 of this memorandum, I direct the Secretary of Education to assess all available tools in taking action, as appropriate and consistent with applicable law, to ensure that:
(i) Governors and other officials are taking all appropriate steps to prepare for a safe return to school for our Nation’s children, including not standing in the way of local leaders making such preparations; and
(ii) Governors and other officials are giving students the opportunity to participate and remain in safe full-time, in-person learning without compromising their health or the health of their families or communities.
(b) The Secretary of Education’s assessment in subsection (a) of this section shall include consideration of whether to take steps toward the initiation of possible enforcement actions under applicable laws.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) You are authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.