ExecutiveOrdersEO
MemoMemorandumBiden · D

Presidential Memorandum

Ensuring a Safe Return to In-Person School for the Nation's Children

This memorandum directs the Secretary of Education to assess available tools—including possible enforcement actions—to ensure state governors and officials do not block local schools from implementing CDC-recommended COVID-19 safety protocols for safe in-person learning. It responds to state policies that the administration views as interfering with school districts' ability to protect students, educators, and staff during the Delta variant surge.

Federal Register Open PDF 86 FR 46951

Key directives

  • Secretary of Education to assess all available tools to ensure governors take appropriate steps for safe return to school
  • Secretary of Education to assess whether to initiate possible enforcement actions under applicable laws
  • Ensure governors do not block local leaders from implementing safety preparations
  • Ensure students can participate in safe full-time in-person learning without health compromises

Who is ordered

Timeline

Immediate

  • Secretary of Education directed to begin assessment of available tools

Near term (90d)

  • Assessment of possible enforcement actions under applicable laws

Long term

  • Potential enforcement actions against states blocking CDC-aligned safety protocols

Risks & tensions

  • Federal-state tension over authority to set school health policies
  • Vague 'assessment' directive lacks concrete timeline or mandatory enforcement trigger
  • Potential legal challenges based on state sovereignty and education control
  • Political polarization around COVID-19 mandates and CDC guidance
  • Memorandum explicitly disclaims creating enforceable rights (Sec. 3(c))
Presidential Memorandum: Ensuring a Safe Return to In-Person School for the Nation's Children · Executive Orders