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Presidential Executive Order 13791 (Donald Trump, 2017)

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Executive Order 13791: Enforcing Statutory Prohibitions on Federal Control of Education was a presidential executive order issued by President Donald Trump (R) in April 2017 that sought to support state and local authority over education policy and directed the secretary of education to review federal administrative rules affecting local control in education. The order aimed "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," according to the text.[1]

Background

See also: Federalism

President Donald Trump (R) issued Executive Order 13791, titled "Enforcing Statutory Prohibitions on Federal Control of Education," on April 16, 2017. The order's stated goal sought 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."[1]

The order directed the secretary of education to review all regulations and guidance documents issued pursuant to the Department of Education Organization Act (DEOA), the General Education Provisions Act (GEPA), the Elementary and Secondary Education Act of 1965 (ESEA), and the Every Student Succeeds Act (ESSA) and rescind or revise any efforts aimed at exercising federal control over local education authority.[1]

Provisions

Review of regulations and guidance

Section 2 of E.O. 13791 directed the secretary of education to review regulations and guidance documents relating to the DEOA, the GEPA, the ESEA, and the ESSA to reinforce the division between federal and state power relating to education policy and ensure department compliance with federal laws that prohibit the department from exercising any direction, supervision, or control over areas subject to state and local control. The order further directed the secretary to rescind or revise any regulations not in accordance with those laws.[1]

Definition of guidance document

Section 3 of E.O. 13791 defined the term guidance document as a "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."[1]

See also

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