82 FR 20427 - Enforcing Statutory Prohibitions on Federal Control of Education

Executive Office of the President

Federal Register Volume 82, Issue 82 (May 1, 2017)

[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Presidential Documents]
[Pages 20427-20428]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08905]



[[Page 20425]]

Vol. 82

Monday,

No. 82

May 1, 2017

Part II





The President





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Executive Order 13791--Enforcing Statutory Prohibitions on Federal 
Control of Education



Executive Order 13792--Review of Designations Under the Antiquities Act


                        Presidential Documents 



Federal Register / Vol. 82 , No. 82 / Monday, May 1, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 20427]]

                Executive Order 13791 of April 26, 2017

                
Enforcing Statutory Prohibitions on Federal 
                Control of Education

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to restore the proper division of 
                power under the Constitution between the Federal 
                Government and the States and to further the goals of, 
                and to ensure strict compliance with, statutes that 
                prohibit Federal interference with State and local 
                control over education, including section 103 of the 
                Department of Education Organization Act (DEOA) (20 
                U.S.C. 3403), sections 438 and 447 of the General 
                Education Provisions Act (GEPA), as amended (20 U.S.C. 
                1232a and 1232j), and sections 8526A, 8527, and 8529 of 
                the Elementary and Secondary Education Act of 1965 
                (ESEA), as amended by the Every Student Succeeds Act 
                (ESSA) (20 U.S.C. 7906a, 7907, and 7909), it is hereby 
                ordered as follows:

                Section 1. Policy. It shall be the policy of the 
                executive branch to protect and preserve State and 
                local control over the curriculum, program of 
                instruction, administration, and personnel of 
                educational institutions, schools, and school systems, 
                consistent with applicable law, including ESEA, as 
                amended by ESSA, and ESEA's restrictions related to the 
                Common Core State Standards developed under the Common 
                Core State Standards Initiative.

                Sec. 2. Review of Regulations and Guidance Documents. 
                (a) The Secretary of Education (Secretary) shall review 
                all Department of Education (Department) regulations 
                and guidance documents relating to DEOA, GEPA, and 
                ESEA, as amended by ESSA.

                    (b) The Secretary shall examine whether these 
                regulations and guidance documents comply with Federal 
                laws that prohibit the Department from exercising any 
                direction, supervision, or control over areas subject 
                to State and local control, including:

(i) the curriculum or program of instruction of any elementary and 
secondary school and school system;

(ii) school administration and personnel; and

(iii) selection and content of library resources, textbooks, and 
instructional materials.

                    (c) The Secretary shall, as appropriate and 
                consistent with applicable law, rescind or revise any 
                regulations that are identified pursuant to subsection 
                (b) of this section as inconsistent with statutory 
                prohibitions. The Secretary shall also rescind or 
                revise any guidance documents that are identified 
                pursuant to subsection (b) of this section as 
                inconsistent with statutory prohibitions. The Secretary 
                shall, to the extent consistent with law, publish any 
                proposed regulations and withdraw or modify any 
                guidance documents pursuant to this subsection no later 
                than 300 days after the date of this order.

                Sec. 3. Definition. The term ``guidance document'' 
                means any written statement issued by the Department to 
                the public that sets forth a policy on a statutory, 
                regulatory, or technical issue or an interpretation of 
                a statutory or regulatory issue, including Dear 
                Colleague letters, interpretive memoranda, policy 
                statements, manuals, circulars, memoranda, pamphlets, 
                bulletins, advisories, technical assistance, and grants 
                of applications for waivers.

[[Page 20428]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 26, 2017.

[FR Doc. 2017-08905
 Filed 4-28-17; 11:15 am]
Billing code 3295-F7-P