Notice2026-10347
Final Priority and Definitions-Secretary's Supplemental Priority and Definitions on Promoting Patriotic Education
Primary source
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Published
May 22, 2026
Effective
June 22, 2026
Issuing agencies
Education Department
Abstract
The Department of Education (Department) announces a final priority and definitions for use in currently authorized discretionary grant programs or programs that may be authorized in the future. The Secretary may choose to use the entire priority for a grant program or a particular competition or use one or more of the priority's component parts. The final priority and definitions augment the initial set of three Secretary's Supplemental Priorities on Evidence-Based Literacy, Educational Choice, and Returning Education to the States published as final priorities on September 9, 2025 (90 FR 43514); the Secretary's Supplemental Priority on Meaningful Learning Opportunities, published as a final priority on February 12, 2026 (91 FR 6625); the Secretary's Supplemental Priority on Advancing Artificial Intelligence in Education, published as a final priority on April 13, 2026 (91 FR 18774); and the Secretary's Supplemental Priority and Definitions on Career Pathways and Workforce Readiness, published as a final priority on April 13, 2026 (91 FR 18780).
Full Text
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[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Notices]
[Pages 30291-30298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10347]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2025-OS-0745]
Final Priority and Definitions--Secretary's Supplemental Priority
and Definitions on Promoting Patriotic Education
AGENCY: U.S. Department of Education.
ACTION: Final priority and definitions.
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SUMMARY: The Department of Education (Department) announces a final
priority and definitions for use in currently authorized discretionary
grant programs or programs that may be authorized in the future. The
Secretary may choose to use the entire priority for a grant program or
a particular competition or use one or more of the priority's component
parts. The final priority and definitions augment the initial set of
three Secretary's Supplemental Priorities on Evidence-Based Literacy,
Educational Choice, and Returning Education to the States published as
final priorities on September 9, 2025 (90 FR 43514); the Secretary's
Supplemental Priority on Meaningful Learning Opportunities, published
as a final priority on February 12, 2026 (91 FR 6625); the Secretary's
Supplemental Priority on Advancing Artificial Intelligence in
Education, published as a final priority on April 13, 2026 (91 FR
18774); and the Secretary's Supplemental Priority and Definitions on
Career Pathways and Workforce Readiness, published as a final priority
on April 13, 2026 (91 FR 18780).
DATES: The final priority and definitions are effective June 22, 2026.
FOR FURTHER INFORMATION CONTACT: Zachary Rogers, U.S. Department of
Education, 400 Maryland Avenue SW, Room 7W213, Washington, DC 20202-
6450. Telephone: (202) 260-1144. Email: <a href="/cdn-cgi/l/email-protection#b1e2e2e1f1d4d59fd6dec7"><span class="__cf_email__" data-cfemail="95c6c6c5d5f0f1bbf2fae3">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Purpose of this Regulatory Action: On September 17, 2025, the
Department published a notice of a proposed supplemental priority and
definitions (NPP) in the Federal Register (90 FR 44788) on Promoting
Patriotic Education. This notice of final priority and definitions
(NFP) finalizes the priority and definitions on Promoting Patriotic
Education for use across the Department's discretionary grant programs.
Summary of the Major Provisions of This Regulatory Action: Through
this regulatory action, we establish one supplemental priority and
associated definitions. Each major provision is discussed in the Public
Comment section of this document.
The NPP contains background information and our reasons for
proposing the priority and definitions. The Department describes the
differences between the proposed priority and definitions and those
established as final in this NFP in the
[[Page 30292]]
Analysis of Comments and Changes section in this document.
Program Authority: 20 U.S.C. 1221e-3, 3474.
Public Comment: In response to our invitation in the NPP, the
Department received comments from more than 5,000 commenters on the
proposed priority and definitions.
Generally, we do not address technical and other minor changes or
suggested changes that the law does not authorize us to make under
applicable statutory authority. In addition, we do not address general
comments regarding concerns not directly related to the proposed
priority or definitions.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the final priority and definitions since publication
of the NPP follows.
General Comments
Comments: Some commenters had comments regarding specific language
in the background to the NPP, such as the reference to ``free-market
economy.'' Some comments appreciated the inclusion of ``free-market
economy'' and its impacts on this country's history, but other
commenters expressed concern, claiming that a ``free-market economy''
is not necessarily good for individuals and instead benefits large
businesses.
Discussion: The Department appreciates the comments around language
in the background, including comments on ``free-market economy.'' The
NPP's background section referenced ``free-market economy,'' in
recognition of the role free markets have played in U.S. history and
the growth and economic development of the nation. Because we do not
include a background section in the NFP, nor is the background section
considered part of the final priority and definitions, we do not think
any changes are necessary.
Changes: None.
Priority
Comments: Many commenters expressed support for strengthening
civics education, emphasizing the importance of helping students learn
from the nation's past and developing a sense of national pride.
Commenters highlighted the Administration's current investments in
civics education, as well as the opportunities presented by the America
250 commemoration and the partnerships that have been formed to support
that effort.
Commenters who supported the proposed priority and definitions also
raised concerns about the teaching of history in classrooms in recent
decades. Some argued that instructional content has become overly
critical of the United States, which they believe contributes to
mistrust of the education system. A few commenters shared personal
experiences in higher education, expressing concern that students are
sometimes told what to think rather than encouraged to consider
multiple perspectives or express differing views.
Other commenters expressed concern about the rise of divisive
ideologies in education and supported the priority's consideration of
Western civilization and Judeo-Christian traditions, classical
education, and the nation's founding principles. They also supported
the use of primary sources and the importance of teaching history
honestly, recognizing that honest instruction includes both the
triumphs and the tragedies of American history.
Discussion: The Department appreciates the recognition that civics
education has not sufficiently emphasized the use of primary sources in
the classroom and the influence of Western civilization on the American
heritage. The Department also appreciates recognition for the Trump
Administration's efforts to commemorate the Semiquincentennial of this
nation.
The Department wholeheartedly agrees that American citizens and
students can--and should--take pride in the nation's progress toward
fulfilling the founders' promises of equal rights under equal laws,
limited government, and the protection of life, liberty, and property.
Expanding the use of primary sources will allow students to study
the American founding era directly and draw their own conclusions. It
will also help focus instruction on what the founders actually thought,
said, and did.
Changes: None.
Comments: Some commenters, in their support of the priority and
definitions, recommended additional language to include in the
priority. One commenter recommended the inclusion of character
education in the priority, including appropriate teacher supports.
Another commenter proposed additions to the priority to include jazz
music and physical fitness.
Discussion: The Department appreciates the comments about
additional inclusions to the priority text. Applicants may propose
activities that make sense in the context of the program in which the
priority is used and are allowable within the program authorization
where the priority is used. Therefore, we decline to make changes at
this time.
Changes: None.
Comments: While there was a sentiment of support for civics
education, as mentioned above, many commenters expressed overall
opposition to the priority and definitions, asking the Department not
to finalize the priority and definitions, expressing concern about the
long-term impacts of these changes and concerns with their children
learning content under the priority. Specific reasons for their
opposition are discussed below in further comment summaries.
Discussion: The Department appreciates the strong support for
civics education and recognizes commenters want students to receive a
full and accurate account of American history and the first principles
of the American founding. The patriotic education priority clearly
states the study of U.S. history and politics should be accurate and
honest by being grounded in the text of the primary sources. The use of
primary sources in the classroom ensures students engage with what our
forefathers thought, said, and did and helps students develop the
skills of analysis, discussion, and debate that will prepare them for
their civic duties. The Department used specific definitions, such as
the American political tradition, to support projects that study the
American founding, principles of a constitutional republic and
republicanism, and American political development.
Changes: None.
Comments: Many commenters said that instead of the priority, the
Department should prioritize fundamental improvements to the public
education system, such as focusing on other subjects and content areas,
core competencies and basic skills, increasing funding for school
safety and teacher compensation, special education, and a baseline of
literacy expectations.
Discussion: The Department appreciates the commenter's support for
the public education system, additional core subjects and basic skills,
school safety, special education, and literacy. The Department has
finalized other priorities that focus on Promoting Evidence-based
Literacy, Expanding Education Choice, Returning Education to the
States, Meaningful Learning Opportunities, Advancing Artificial
Intelligence in Education, and Career Pathways and Workforce Readiness
to help address other critical needs in education. The scope of this
NFP focuses only on Promoting Patriotic Education; therefore, the
Department is not making changes to expand the scope.
Changes: None.
[[Page 30293]]
Comments: Some commenters had concerns about the source of funds to
support the priority; requesting information regarding total available
funding; projected award numbers; how grants will be selected,
including eligibility requirements; and transparency about projects
funded under the priority.
Discussion: While the Department appreciates commenters' concerns,
there are no funds specifically associated with this NFP. Grant
applications will continue be evaluated in accordance with Department
regulations and statutory requirements that apply to a particular
program and competition, which may include the use of the Secretary's
Supplemental Priorities as absolute, competitive preference, or
invitational priorities. Any eligibility requirements under a
particular competition will continue to align with that program's
authorizing statute. As it relates to transparency, funded grants are
posted on program websites once they have been selected to receive
funds.
Changes: None.
Comments: Some commenters flagged legal concerns with the priority
and definitions, including statements that the issuance of the priority
violated the Administrative Procedure Act. One commenter stated that
the priority and definitions are a major rule and therefore should go
through the entire process of rulemaking. A few commenters expressed
concerns about the priority and definitions being a major rule due to
the associated costs with updating curriculum to align with the
priority as well as being ``arbitrary and capricious'' for not
providing evidence that the priority will improve civics outcomes.
Discussion: The Regulatory Impact Analysis section of the NFP
explains that the priority is not economically significant: ``We
believe, based on the Department's administrative experience, that
entities preparing an application would not need to expend more
resources than they otherwise would have in the absence of this
proposed priority.'' Additionally, as discussed below, nothing in the
priority would require the updating or change of curriculum.
Changes: None.
Comments: Some commenters said that the Department is violating the
General Education Provisions Act and the Elementary and Secondary
Education Act of 1965, as amended, because the priority would mandate
curriculum. Additionally, many commenters expressed legal concerns
about Federal overreach and a ``government approved'' version of
history. This concern included the perceived setting of history
standards by the Department, as well as the violation of States' rights
by the limitation of State control of content because of the priority.
Commenters did not want the Department to dictate how and what history
should be taught, arguing that by establishing a priority and
definitions and tying funding to that priority, it dictates history
curriculum. They further argued that it is contrary to the mission of
closing the Department of Education by the Department incentivizing a
way of teaching history, which they claim conflicted with the
Department's promotion of returning education to the States. Multiple
commenters drew comparisons to other countries and times in history
where a country restricted teaching only a particular history
curriculum and viewpoint.
Regarding the violation of States' rights, many commenters argued
States, local districts, Bureau of Indian Affairs and reservation
schools, teachers, and parents are best positioned to determine what
should be taught in schools, including content that meets the needs of
students in their areas. As a result, some commenters requested that
parents have an ``opt out'' option.
Discussion: The Department agrees it does not have the authority to
mandate, direct, supervise, or control curriculum, and the priority
does not do so. Nothing in the priority requires or directs States,
local educational agencies, or schools to adopt any particular
curriculum, program of instruction, instructional materials, academic
standards, or academic assessments. Consistent with applicable
statutory limitations, the priority does not dictate State or local
history standards and preserves the authority of States, school
districts, and parents to determine educational content and academic
standards.
Because the priority does not mandate curriculum or prescribe
specific instructional content, the Department has determined that an
opt-out provision is not necessary and that, regardless, such parental
notification and opt-out policies regarding particular instructional
content would be better exercised at the State and local level. The
Department thinks that several of the remaining comments of opposition
described above are outside the scope of this proposed priority.
The Department also supports national efforts to commemorate the
250th anniversary of the United States and re-emphasizes that the
priority will help recognize the educational value of using primary
sources in the study of U.S. history and government. Using primary
sources in the study of U.S. history and government necessarily
involves gaining understanding of the documented influence of Western
Civilization on the American founding, as well as the significant--
often difficult and costly--efforts to realize the principles
articulated at the nation's founding. In order to clarify this intent,
we have revised the text of the proposed definition as follows.
Changes: To emphasize that the Department's intent is to prioritize
the study of the American founding and history through an analysis of
primary sources, the Department is changing the definition of
``patriotic education'' as follows: ``Patriotic education means an
accurate and honest presentation of the history of America grounded in
an analysis of the primary sources of America's founding, the
principles that shaped America's founding, and how those ideals
continue to influence the nation's aspirations today.''
Comments: Many commenters had concerns that the priority and
definitions violate First Amendment rights to free speech and serve as
censorship. Commenters argued that the priority and definitions limit
what can be taught, thus inhibiting the teaching of certain topics and
limiting what can be said and discussed regarding the country's
history.
Discussion: The Department appreciates commenters' strong support
for the First Amendment. The priority does not infringe upon First
Amendment rights, as it neither mandates a specific curriculum nor
prescribes a government-approved interpretation of history. Instead,
the priority and its definitions promote an accurate and honest
understanding of U.S. history and government through the use of primary
sources. This approach should alleviate concerns about censorship or a
narrow presentation of American history, as primary sources enable
students to engage directly with both the nation's achievements and its
shortcomings, as well as with differing perspectives, such as those of
the Federalists and Anti-Federalists.
Changes: To emphasize that the Department's intent is to prioritize
the study of the American Founding and history through an analysis of
primary sources, the Department is changing the definition of
``patriotic education'' as discussed above.
Comments: Commenters said teachers and historians would be
inhibited from teaching topics not considered ``patriotic.'' Commenters
expressed concerns about the impacts on teachers
[[Page 30294]]
as they try to teach history that aligns with the priority as well as
cover controversial topics.
Discussion: The Department appreciates commenters' desire to teach
the full history of the United States. The priority will encourage the
full and honest teaching of U.S. history through the use of primary
sources and the study of the American founding, in recognition of the
Semiquincentennial, and promote citizen competency through the study
of, as described in the background of the NPP, ``our political,
economic, intellectual, and cultural history.'' Nothing in the priority
prohibits educators from teaching controversial topics in American
history but ensures such study is accurate and honest and includes the
use of primary sources.
Changes: To emphasize that the Department's intent is to prioritize
the study of the American founding and history through an analysis of
primary sources, the Department is changing the definition of
``patriotic education'' as discussed above.
Comments: Many commenters argued that the priority assumes U.S.
history, civics, and patriotism are not already being taught, and the
commenters argued that patriotism cannot be dictated or forced by the
government but instead must be learned over time through personal
experiences. These commenters expressed concern that the proposed
priority is teaching nationalism instead of patriotism and a single
narrative of the country's history that will result in a mistrust of
government. The many commenters who raised concerns about nationalism
cited concerns about the priority being like ``national socialism'' and
``Christian nationalism.'' Specifically, many commenters categorized
the priority as ``propaganda'' or ``indoctrination,'' arguing that the
priority requires an idealized version of history that ignores certain
parts of the country's past and forces a specific narrative, instead of
honest history. Many of these commenters gave the examples of changes
being made to museums and websites and book bans as reasons for their
concern about the ``scrubbing'' of history and removal or deemphasis on
certain parts, stating the need for history to include all aspects of
the nation's past, both the good and the bad, including examples of
topics they wanted to ensure are covered. Commenters argued that the
only way to move forward as a country and prevent the repetition of
past mistakes is to learn from them, and they were concerned about the
definition of ``patriotic education'' (see below for further discussion
of the definition of ``patriotic education''). Multiple commenters
pointed to how Germany teaches about the Holocaust as an example of how
to cover difficult topics in a country's history.
Discussion: The Department appreciates commenters' concerns. Our
intention with the priority is to encourage a comprehensive exploration
of American history and civics rooted in study of primary sources and
their influences. By promoting the use of primary sources, we aim to
help students gain a deeper understanding of the nation's development,
including its founding principles, progress, and the complexities of
its past. This approach emphasizes accuracy and integrity in the study
of history, allowing for a balanced perspective that includes both
achievements and challenges. Rather than mandating specific content or
a single narrative, the priority seeks to foster critical thinking and
reflection on the many experiences and events that have shaped the
United States. Students are encouraged to engage with a wide range of
historical documents and perspectives, supporting a fuller and more
nuanced understanding of the American story. Our goal is to ensure that
history education remains open, honest, and reflects the complexity of
the nation's past and present. References to other countries or the
actions of agencies and institutions fall outside the scope of the
priority, as our focus remains on promoting integrity and accuracy in
the study of U.S. history.
Changes: To emphasize that the Department's intent is to prioritize
the study of the American founding and history through an analysis of
primary sources, the Department is changing the definition of
``patriotic education'' as discussed above.
Comments: One commenter recommended the use of ``civics education''
instead of ``patriotic education,'' and another requested that the
priority be retitled to ``Civic Literacy and Historical Inquiry.''
Discussion: The Department appreciates commenters' suggestions
regarding a possible retitling of the priority. The term ``patriotic
education'' is an intentional choice that highlights the emphasis on
exploring national history, founding principles, and civic
responsibilities from the perspective of understanding what binds
citizens together. ``Patriotic'' as a title signals that the
educational focus is not simply about civic knowledge, but also about
engaging with the shared narratives and values that have influenced the
nation's development. For these reasons, we think ``patriotic
education'' best represents the aims of the priority; therefore, we
decline to make changes to the title.
Changes: None.
Comments: Many commenters raised concerns about the priority and
definitions narrowly defining what and who are included in ``patriotic
education.'' Specifically, these many commenters called out the need
for a broader and more inclusive U.S. history that is not limited to
``Western Civilization'' influences (as referenced in the definition of
``American political tradition''), citing indigenous and enslaved
populations in the country, and a history that is representative of the
students who will be studying it, including biographies of this broad,
inclusive group. The comments emphasized the need for multiple
perspectives, with commenters arguing that through the multiple
perspectives, students will see themselves in the history of their
country, which will help embolden their patriotism, encourage them to
get involved in their communities, and help in the development of
empathy for others. Some commenters stated that there is not a single,
linear history of this country or a shared understanding of the past;
therefore, this broader, inclusive history would allow for different
points of view. Many commenters stated that the Founding Fathers did
not have a shared understanding about the founding and formation of the
country; thus, the priority should not force a shared understanding.
Some commenters also argued that the United States does not exist in a
vacuum and that the country's history should be studied within a global
context, considering influences beyond Western Civilization that have
shaped the country. Commenters also raised concerns about biased
history. Specifically, commenters were concerned that the priority and
definitions would promote a one-sided, partisan interpretation of
history, and favored particular organizations.
Discussion: The Department appreciates commenters' concerns. The
priority and definitions are focused on the use of founding documents
and other primary sources to support a full and accurate civics
education. While the priority and definition include the reference to
``Western Civilization,'' the teaching of multiple perspectives or the
inclusion of diverse experiences, including those of Indigenous
peoples, enslaved populations, and other groups whose histories are
essential to understanding the development of the
[[Page 30295]]
United States, are allowable under the priority.
Through engagement with primary sources, such as debates
surrounding the ratification of the U.S. Constitution, educators and
students may explore a range of viewpoints, including those of the
Federalists and Anti-Federalists, as well as other voices relevant to
the historical context. While the founders held differing perspectives,
the study of founding documents provides an opportunity for students to
examine key ideas and debates that are documented to have shaped the
nation as well as what the founders held in common: a shared
understanding of the purpose of government, the nature of man, and the
first principles of liberty.
The priority proposes topics intimately related to the development
and creation of the founding documents. The priority, where adopted in
a particular competition, would not limit instruction to a single
narrative or perspective about those topics, nor would it exclude
consideration of broader historical and global contexts. Rather, it
emphasizes primary sources as a nonpartisan and neutral foundation for
civic learning, while allowing educators the flexibility to incorporate
additional perspectives and materials that support a comprehensive
understanding of the nation's history. This NFP also does not establish
eligible entities for any of the Department's competitive grant
competitions, and the eligible recipients of those grants are generally
set out by Congress and outlined in statute.
Changes: To emphasize that the Department's intent is to allow
educators the flexibility to incorporate additional perspectives and
materials that support a comprehensive understanding of the nation's
history, the Department is changing the definition of ``American
political tradition'' to the following: ``American political tradition
includes the founding documents, essential principles of republican
government, and historical development of America's government; key
works of history, literature, humanities, and art; the influence of
Western Civilization, such as ancient Greece, Rome, and Judeo-
Christianity, on the founders' values; the history of Western Europe
linked to the history and development of the United States; the
influence of the founders' religious beliefs on their conceptions of
liberty and government; and the founding documents and primary sources
of the American founding (ideas, traditions, institutions, and texts
essential to American constitutional government) with a focus on the
first principles of the founding (natural law and natural rights),
their inclusion in the Constitution and the Bill of Rights, and their
development over time that has shaped America's culture.''
To emphasize that the Department's intent is to prioritize the
study of the American founding and history through an analysis of
primary sources, the Department is changing the definition of
``patriotic education'' as discussed above.
Comments: Multiple commenters thought the priority and definitions
focused too much on the American founding and foundational principles.
Rather, these commenters stated that a lot of history occurred after
1800 that warranted inclusion, arguing that it is important for
students to study multiple periods, and from multiple perspectives.
Discussion: The Department appreciates commenters' views regarding
the importance of studying U.S. history beyond 1800. The Department
agrees that a comprehensive understanding of the nation's history spans
multiple periods and perspectives.
The priority and definitions emphasize the American founding
because it provides a key framework for civic understanding. However,
nothing in the priority precludes the inclusion of historical events,
developments, or perspectives from periods after 1800. The priority
does not dictate the scope of instruction but rather ensures a strong
foundation for civic learning.
Changes: None.
Comments: Many commenters were concerned that the priority and
definitions would limit critical thinking, arguing that the priority
and definitions dictate what must be taught and how students must feel
about the content (see below for further discussion of the definition
of ``patriotic education''). Thus, commenters stated students would not
have the opportunity to review content, weigh multiple perspectives,
and come to their own conclusion. Some commenters highlighted the
importance of critical thinking and how it informs debate and civil
discourse, and how dissent and criticism have helped to positively
shape the country. Another commenter highlighted that critical
thinking, debate, analysis of resources, and classroom inquiry are all
parts of evidence-based practices around history and civics education.
Discussion: The Department appreciates commenters' perspectives and
agrees that critical thinking, debate, and analysis are essential
components of high-quality civics and history education. However, the
Department does not agree that the priority and definitions limit these
practices. To the contrary, the priority's emphasis on the use of
primary sources directly supports and strengthens critical thinking.
Analysis of primary documents--such as historical texts, speeches,
and other original materials--is itself a foundational exercise in
critical thinking. It requires students to evaluate evidence, consider
context, assess differing viewpoints, and draw their own conclusions.
By engaging directly with these sources, students are not directed
toward a single interpretation; rather, they are given the opportunity
to examine competing ideas, weigh perspectives, and participate in
informed debate and civil discourse.
The priority does not dictate what students must think or how they
should feel about the content. Instead, it focuses on ensuring that
students have access to the kinds of materials and experiences that
make independent analysis possible. Nothing in the priority precludes
discussion, dissent, or the exploration of multiple perspectives.
Rather, by grounding learning in primary sources, the priority supports
the development of the very critical thinking skills commenters
describe, including inquiry, evidence-based reasoning, and reasoned
debate.
Changes: To emphasize that the Department's intent is to prioritize
the study of the American founding and history through an analysis of
primary sources, the Department is changing the definition of
``patriotic education'' as discussed above.
Definitions
Comments: Many commenters had concerns specific to the definitions.
Specifically, commenters thought the definitions included vague terms
and were concerned about how and who would determine if a definition
and then the priority were met, for the purposes of funding
determinations. These commenters were concerned that it would be hard
for applicants to successfully address the priority and definitions
given the perceived lack of clarity in the definitions and that
``accuracy,'' in the definition of ``patriotic education'' would be
used to push a particular ideology instead of examining history through
multiple perspectives.
In the definition of ``patriotic education,'' multiple commenters
had concerns about the adjectives used to describe the characterization
of the American founding, requesting clarification on the meaning of
those terms, as well as raising issue with the terms being
contradictory. Some
[[Page 30296]]
commenters thought that using these terms elicited feelings over facts
by requiring a focus on ``ennobling'' history, which corresponds with
the earlier discussion of the concern that the priority and definitions
would result in the teaching of history that excludes parts, especially
parts not considered ennobling. These commenters argued that the
country's history is not always ennobling, but an ``honest'' history
would include all parts, even those that are less than ennobling.
Likewise, commenters claimed that ``accurate'' and ``honest'' might not
always mean ``unifying,'' ``inspiring'' and ``ennobling.'' Some
commenters recommended deleting these adjectives from the definition of
``patriotic education,'' and other commenters recommended revising the
definition to ensure a balance of perspectives and inclusion of all
groups beyond ``Western Civilization'' so that all students see
themselves in the history being taught.
Discussion: The Department appreciates commenters' concerns
regarding the clarity of the definitions and how they will be applied
in the context of funding determinations. The Department does not agree
that the definitions are impermissibly vague or that they will be
applied in a manner that promotes a particular viewpoint. The terms
included in the priority provide a clear framework while allowing
sufficient flexibility for applicants to design projects that meet
program requirements. As with all Department programs, applications
will be evaluated in accordance with established regulations, statutory
requirements, and the criteria set forth in the competition notice.
The Department also does not agree that the definition of
``patriotic education'' limits the scope of historical inquiry or
prioritizes feeling over fact. To the contrary, the priority emphasizes
engagement with primary sources, which inherently requires students to
analyze evidence, consider multiple perspectives, and draw their own
conclusions. This approach supports an honest and accurate
understanding of history, including both the nation's highest ideals
and the challenges encountered in striving to realize them.
There is no inconsistency between a full and honest study of the
nation's history and one that recognizes the significance of its
founding principles and their development over time. The priority and
definitions do not exclude or diminish the study of any group or
perspective. Nothing in the definitions precludes including different
experiences or examining complex and difficult aspects of the nation's
past. Rather, by grounding learning in primary sources, the priority
and definitions support a comprehensive approach that allows for the
consideration of multiple viewpoints and a deeper understanding of the
American experience.
Changes: To emphasize that the Department's intent is to prioritize
the study of the American founding and history through an analysis of
primary sources and that the priority and definitions do not exclude or
diminish the study of any group or perspective, the Department is
changing the definition of ``patriotic education'' as discussed above.
Comments: Many commenters included remarks regarding the inclusion
of ``Judeo-Christianity'' in the definition of ``American political
tradition.'' Some commenters supported its inclusion, but others had
concerns. Many commenters concerned with the religious reference cited
issues with separation of church and state under the First Amendment,
the secularity of public schools, the exclusion of other religions, and
``religious indoctrination.'' Some commenters cited issues in how
history is taught when it has a religious focus, with those commenters
talking about their personal experiences from their education and what
they felt they were not taught. Therefore, many commenters requested
that ``Judeo-Christianity'' be excluded and that any history being
taught be secular in its focus and that religious organizations be
excluded from partnering under the final priority and definitions, or
to amend the definition of ``American political tradition'' to
reference diverse religious and non-religious beliefs. Other commenters
argued that the country wasn't founded under one religion, saying that
the Founding Fathers were not in agreement on religion and were
specific in their interest in a separation of church and state. Some
commenters also stated that keeping religion out of the definition
would better support the efforts of unity and patriotism.
Discussion: The Department appreciates commenters' concerns. The
priority and definitions are focused on an accurate and honest study of
American history and government grounded in the text of primary
sources, particularly at the time of the American founding. Religion,
such as Judaism and Christianity, was an influential aspect of Western
Civilization at the time of the American Revolution, Constitutional
Convention, and the early republic. For example, as noted in the
Federalist Papers, written at the time of the founding, ``Providence
has been pleased to give this one connected country to one united
people--a people descended from the same ancestors, speaking the same
language, professing the same religion, attached to the same principles
of government, very similar in their manners and customs, and who, by
their joint counsels, arms, and efforts, fighting side by side
throughout a long and bloody war, have nobly established general
liberty and independence.'' \1\ Therefore, in order to understand the
American founding, it is essential that students possess a modicum of
familiarity with the influence of religions such as Judeo-Christianity
in American history, as well as the principles of government the
founders held in common. This broad inclusion does not violate the
separation of church and state, violate the secular nature of public
schools, or constitute religious indoctrination because it is merely a
topic of study related to the American founding. In addition, 34 CFR
75.532 and 76.532 prohibit any grantee from using its grant to pay for
religious instruction, religious worship, or proselytization. Finally,
in response to the request that religious organizations be excluded
from partnering under the final priority and definitions, the Supreme
Court has made clear that ``denying a generally available benefit
solely on account of religious identity imposes a penalty on the free
exercise of religion that can be justified only by a state interest of
the highest order.'' Trinity Lutheran Church of Columbia, Inc. v.
Comer, 137 S. Ct at 2019 (2017).
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\1\ See Federalist No. 2, 1787, available at <a href="https://guides.loc.gov/federalist-papers/text-1-10#s-lg-box-wrapper-25493265">https://guides.loc.gov/federalist-papers/text-1-10#s-lg-box-wrapper-25493265</a>.
---------------------------------------------------------------------------
Changes: To further emphasize that the final priority and
definitions do not exclude or diminish the study of any group or
perspective, the Department is changing the definition of ``American
political tradition'' as discussed above.
Comments: Some commenters had recommendations for additions to the
definitions. Regarding the definition of ``patriotic education,'' one
commenter recommended including ``American exceptionalism'' in the
definition. Regarding the definition of ``American political
tradition,'' some commenters were concerned with the use of ``republic
government'' and instead recommended inclusion of ``democracy'' or
``democratic republic.'' Another commenter requested the inclusion of
``natural law'' in the definition. Some commenters encouraged a focus
on the separation of powers within the definition.
[[Page 30297]]
Discussion: The Department appreciates commenters' recommended
additions to the definitions. The definition of American political
tradition covers the essential components of the American heritage
worthy of study and essential to competent citizenship, including
concepts such as American exceptionalism. Regarding the use of republic
versus democratic, republic reflects the founders' understanding of the
regime of limited government based on consent of the governed for the
purpose of protecting property and liberty they were creating. The
separation of powers will naturally be covered in the study of the U.S.
Constitution; therefore, it does not need to be specified in the
definition. Finally, the Department concurs that an understanding of
natural law was common at the time of the founding and was referenced
in the Declaration of Independence.
Changes: The Department agrees that natural rights and natural law
were essential parts of the American founding and therefore is
incorporating natural law into the ``American political tradition''
definition.
Final Priority
The Department establishes the following priority for use in any
Department discretionary grant program.
Priority:
Projects that are designed to provide an introduction to and
understanding of the founding documents and primary sources of the
American political tradition, in a manner consistent with the
principles of a patriotic education. Projects may address one or more
of the following topics:
(a) United States Constitution, government, and civics.
(b) United States history and geography.
(c) United States military and diplomatic history.
(d) United States literature and rhetoric.
(e) United States art (architecture, painting, music, photography,
theater, cinema, and sculpture, etc.).
(f) The founding documents and primary sources of Western
Civilization and the American founding and their influence on the
American political tradition.
(g) The influence of Western Europe upon the American political
tradition.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a competition notice.
The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Definitions
The Secretary establishes the following definitions for use in any
Department discretionary grant program in which the final priority is
used.
Note: Nothing in these definitions should be construed as
implicating a particular curriculum, program of instruction, or
specific academic content.
American political tradition includes the founding documents,
essential principles of republican government, and historical
development of America's government; key works of history, literature,
humanities, and art; the influence of Western Civilization, such as
ancient Greece, Rome, and Judeo-Christianity, on the founders' values;
the history of Western Europe linked to the history and development of
the United States; the influence of the founders' religious beliefs on
their conceptions of liberty and government; and the founding documents
and primary sources of the American founding (ideas, traditions,
institutions, and texts essential to American constitutional
government) with a focus on the first principles of the founding
(natural law and natural rights), their inclusion in the Constitution
and the Bill of Rights, and their development over time that has shaped
America's culture.
Patriotic education means an accurate and honest presentation of
the history of America grounded in an analysis of the primary sources
of America's founding, the principles that shaped America's founding,
and how those ideals continue to influence the nation's aspirations
today.
Executive Orders 12866, 13563, and 14192
Regulatory Impact Analysis: This regulatory action is not a
significant regulatory action subject to review by the Office of
Management and Budget under section 3(f) of Executive Order 12866. This
regulatory action is not considered an ``Executive Order 14192
regulatory action.'' We have also reviewed this regulatory action under
Executive Order 13563. We are issuing the final priority and
definitions only on a reasoned determination that their benefits would
justify their costs. The Department believes that this regulatory
action is consistent with the principles in Executive Order 13563. We
also have determined that this regulatory action would not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions. In accordance with these Executive
Orders, the Department has assessed the potential costs and benefits,
both quantitative and qualitative, of this regulatory action.
Discussion of Costs and Benefits: The final priority and
definitions would impose no or minimal costs on entities that receive
discretionary grant award funds from the Department. Additionally, the
benefits of implementing the final priority and definitions outweigh
any associated costs, to the extent these de minimis costs even exist.
Application submission and participation in competitive grant programs
that might use the final priority and definitions is voluntary. We
believe, based on the Department's administrative experience, that
entities preparing an application would not need to expend more
resources than they otherwise would have in the absence of the priority
and definitions. Because the costs of carrying out activities would be
paid for with program funds, the costs of implementation would not be a
burden for any eligible applicants that earn a grant award, including
small entities.
Intergovernmental Review: This action is subject to Executive Order
12372 and the regulations in 34 CFR part 79. This document provides
early notification of our specific plans and actions for this program.
Regulatory Flexibility Act Certification: This section considers
the effects that the final regulations may have on small entities in
the educational sector as required by the Regulatory Flexibility Act, 5
U.S.C. 601 et seq. The Secretary certifies that this regulatory action
would not have a substantial economic impact on a substantial number of
small entities. The U.S. Small
[[Page 30298]]
Business Administration Size Standards define proprietary institutions
as small businesses if they are independently owned and operated, are
not dominant in their field of operation, and have total annual revenue
below $7,000,000. Nonprofit institutions are defined as small entities
if they are independently owned and operated and not dominant in their
field of operation. Public institutions are defined as small
organizations if they are operated by a government overseeing a
population below 50,000.
Paperwork Reduction Act: The final priority and definitions do not
contain information collection requirements or affect currently
approved data collections.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, compact disc, or another accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. You may also access documents
of the Department published in the Federal Register by using the
article search feature at <a href="http://www.federalregister.gov">www.federalregister.gov</a>.
Linda McMahon,
Secretary of Education.
[FR Doc. 2026-10347 Filed 5-21-26; 8:45 am]
BILLING CODE 4000-01-P
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