Presidential Documents

46951 

Federal Register 

Vol. 86, No. 160 

Monday, August 23, 2021 

Title 3— 

The President 

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 fulltime, 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 InPerson 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 


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46952 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Presidential Documents 

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. 

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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