Preserving access to education and ending compulsory vaccination with the COVID-19 vaccine in schools

By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered:

 Section 1. Purpose and Policy.  Some school districts and universities continue to compel children and young adults to be vaccinated with the COVID-19 vaccine by making it a condition of their education, and others may reintroduce such requirements.  Parents and young adults should be provided with accurate information about the remote risks of serious illness associated with the COVID-19 vaccine for children and young adults, as well as how these risks can be mitigated through various measures, and should be empowered to make their own decisions accordingly.  In view of the incredibly low risk of serious illness caused by COVID-19 in children and young adults, the threat to prevent them from being educated is an unacceptable interference with personal freedom.  Such regulations usurp parental authority and burden students of many faiths.    

It is the policy of my Administration that discretionary Federal funds should not be used to directly or indirectly support or subsidize an educational agency, State educational agency, local educational agency, elementary school, secondary school, or institution of higher education that requires students to be vaccinated against COVID-19 in order to participate in any personal education program.

 Paragraph 2.  Definition.  For the purposes of this Ordinance:  

(a) The term ''educational service agency'' has the meaning given that term in 20 U.S.C. 1401(5).
(b) The term "elementary school" has the meaning set forth in 34 C.F.R. 77.1(c).
(c) The term "institution of higher education" has the meaning given that term in 20 U.S.C. 1001(a).
(d) The term "local educational agency" has the meaning set forth in 34 C.F.R. 77.1(c).
(e) The term "high school" has the meaning set forth in 34 C.F.R. 77.1(c).
(f) The term "State educational agency" has the meaning set forth in 34 C.F.R. 77.1(c).

 Sec. 3. Termination of coercion under the COVID-19 vaccination mandate. (a) The Secretary of Education shall issue guidance to elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education as soon as practicable regarding the legal obligations of such entities with respect to parental authority, religious freedom, accommodation of disabilities, and equal protection under the law with respect to COVID-19 coercive school orders. (b) The Secretary of Education shall issue guidance to elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education regarding the legal obligations of such entities with respect to COVID-19 coercive school orders.

(b) Within 90 days of the date of issuance of this order, the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall submit to the President, through the Assistant to the President for Domestic Policy, a plan for ending the COVID-19 compulsory school mandate that is consistent with applicable law and includes proposed legislation, as appropriate. This plan shall also include:
(i) a list of discretionary Federal grants and contracts awarded to elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education that are not in compliance with the guidance issued under subsection (a) of this section; and
(ii) the action of each executive department or agency, to the maximum extent consistent with applicable law, to prevent and terminate the provision of Federal funds to elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education that are not in compliance with the guidance issued under subsection (a) of this section.

 Paragraph 4.  General Provisions. (a) Nothing in this Ordinance shall be construed to impair or otherwise affect:

(i) the authority conferred by law on the executive department or agency or the head thereof; or (ii) the authority conferred by law on the 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 in accordance with applicable law and subject to the availability of budgetary appropriations.
(c) This Order is not intended to create 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 instrumentalities, its officers, employees, or agents, or any other person.

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