Presidential Document2021-18223
Ensuring a Safe Return to In-Person School for the Nation's Children
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Signed
August 18, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Presidential Documents]
[Pages 46951-46952]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18223]
Presidential Documents
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 46951]]
Memorandum of August 18, 2021
Ensuring a Safe Return to In-Person School for
the Nation's Children
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)
(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
[[Page 46952]]
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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
Washington, August 18, 2021
[FR Doc. 2021-18223
Filed 8-20-21; 8:45 am]
Billing code 4000-01-P
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</html>Indexed from Federal Register on August 23, 2021.
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