Enforcing Statutory Prohibitions on Federal Control of Education

This executive order directs the Secretary of Education to review all Department of Education regulations and guidance documents related to statutes that prohibit federal control over education. The Secretary must identify and rescind or revise any that improperly direct, supervise, or control state and local decisions on curriculum, school administration, personnel, and instructional materials, with proposed actions due within 300 days.

Federal Register Open PDF 82 FR 20427

Impact dates

Feb 20, 2018
Publish proposed regulations and withdraw/modify guidance documents

Key directives

Secretary shall review all Department regulations and guidance documents relating to DEOA, GEPA, and ESEA/ESSA
Secretary shall examine compliance with federal laws prohibiting direction, supervision, or control over curriculum, program of instruction, school administration, personnel, and selection/content of library resources, textbooks, and instructional materials
Secretary shall rescind or revise inconsistent regulations and guidance documents
Proposed regulations published and guidance withdrawn/modified no later than 300 days after order date

Who is ordered

Secretary of Education · Department of Education

Timeline

Immediate

Policy statement takes effect protecting state/local control over education

Near term (90d)

Secretary begins comprehensive review of regulations and guidance documents

Long term

Proposed regulations published and guidance withdrawn/modified by day 300; potential restructuring of federal education oversight

Risks & tensions

Vague 'as appropriate and consistent with applicable law' qualifier in Section 2(c) gives Secretary discretion that may weaken enforcement
Tension between rescinding federal guidance and ensuring civil rights protections historically enforced through such guidance
ESSA already reduced federal role; this order may have limited additional practical effect beyond symbolic restatement
Definition of 'guidance document' is extremely broad, creating uncertainty about scope of review