[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 [www.gpo.gov]
[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