Policy Alert: Review of Federal Funding for K-12 Schooling

Action: Executive Order: “Ending Radical Indoctrination in K-12 Schooling” 

What it does: The Executive Order requires the Secretaries of Education, Defense, and Health and Human Services to develop a strategy to eliminate the use of Federal funding in K-12 schools to directly or indirectly support "the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology." The Order also reestablishes the President's Advisory 1776 Commission to promote patriotic education. Further, the Order requires relevant agencies to monitor compliance with a law that requires educational institutions that receive Federal funding to hold an educational program on the US Constitution annually on September 17. 

Key Insights

• The strategy will affect all Federal funding sources that directly or indirectly support or subsidize the targeted ideology, including both student-facing activities and teacher-targeted trainings. The agencies are required to outline the process to prevent or rescind such use of Federal funds. The Order also asks the Attorney General to coordinate with state attorneys general and local district attorneys to enforce the law.  

• The President's Advisory 1776 Commission was initially established in the final months of President Trump's first Administration. President Biden revoked the commission through Executive Order, days after the commission released The 1776 Report.  

• Lastly, the Order seeks to advance compliance with the existing law requiring educational institutions that receive federal funding to observe US Constitution Day. The law does not dictate how schools should celebrate nor outline penalties for not doing so. The US Department of Education hosts a webpage to provide schools with ideas on how to celebrate the day. Agency action is likely to intensify following the Order.