Keeping Education Accessible and Ending Covid-19 Vaccine Mandates in Schools
This Presidential order aims to prevent the use of federal funds for schools that mandate COVID-19 vaccinations for students.
It asserts that the low risk of severe illness for children and young adults makes such mandates an infringement on personal freedom.
The order directs the Secretary of Education to create guidelines regarding parental rights, religious freedom, and equal protection and to develop a plan to end coercive mandates, consistent with applicable law.
This plan includes identifying federal grants and contracts to non-compliant schools and outlining how to prevent future funding to such institutions.
Arguments For
Protecting Parental Rights: The order prioritizes parental autonomy in making healthcare decisions for their children, aligning with the belief that parents should have the ultimate say in their children's medical care.
Safeguarding Religious Freedom: The order addresses concerns about religious exemptions, ensuring that students' religious beliefs are not violated by vaccine mandates.
Promoting Educational Access: The order aims to prevent students from being excluded from education due to vaccination status, ensuring equal opportunities for all children.
Acknowledging Low Risk for Young People: The order points to the low risk of severe COVID-19 illness in children and young adults, supporting the decision to end coercive mandates.
Legal Basis: The order claims to be within the Presidential authority to allocate federal funds and to guide federal agencies.
Arguments Against
Public Health Concerns: Ending mandates could potentially lead to decreased vaccination rates and increased COVID-19 transmission in schools, risking the health of vulnerable students and staff.
Unintended Consequences: Removing mandates could indirectly discourage vaccination and create challenges in managing outbreaks within school settings.
Implementation Challenges: The order's implementation requires coordination among various educational agencies at different levels, potentially leading to inconsistencies and delays.
Legal Challenges: The order's authority to withhold federal funding to influence states' educational policies might face legal scrutiny.
Lack of scientific consensus: The declaration of low risk for serious illness might face criticism for neglecting the potential for long-term health effects and the evolving nature of the virus.
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.
This section establishes the order's purpose and policy.
It states that some schools are forcing students to get the COVID-19 vaccine to attend school and that this is wrong.The President's administration will not use federal funding for schools that mandate the COVID-19 vaccine.
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 C.F.R. 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 C.F.R. 77.1(c). (e) The term “secondary school” has the meaning given in 34 C.F.R. 77.1(c). (f) The term “State educational agency” has the meaning given in 34 C.F.R. 77.1(c).
This section provides definitions for key terms used throughout the presidential action, drawing the definitions from relevant federal statutes (U.S. Code) and regulations (Code of Federal Regulations).
These precise definitions ensure clear understanding of what constitutes each type of educational entity under the scope of this order.
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, 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.
This section outlines the actions required to end COVID-19 vaccine mandates.
The Secretary of Education must issue guidelines on relevant legal obligations, including parental rights and religious freedom.
Within 90 days, a plan to end coercive mandates must be submitted to the President.
This includes a list of non-compliant schools receiving federal funds and a plan for how to stop funding those schools.
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.
This section contains general provisions.
It clarifies that the order does not reduce the authority of executive departments or the Office of Management and Budget.
The order's implementation depends on existing laws and available funds.
Finally, it states that the order does not create any new legal rights.