Expanding Educational Opportunity Through School Choice

Published date04 January 2021
Citation86 FR 219
Record Number2020-29235
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 86 Issue 1 (Monday, January 4, 2021)
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
                [Presidential Documents]
                [Pages 219-221]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-29235] Presidential Documents
                Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 /
                Presidential Documents
                [[Page 219]]
                 Executive Order 13969 of December 28, 2020
                
                Expanding Educational Opportunity Through School
                 Choice
                 By the authority vested in me as President by the
                 Constitution and the laws of the United States of
                 America, and in order to ensure the education, health,
                 safety, and well-being of America's children, our most
                 essential resource upon which the future of our great
                 Nation depends, it is hereby ordered as follows:
                 Section 1. Purpose. As part of their efforts to address
                 the public health challenges and uncertainties posed by
                 the COVID-19 pandemic, State and local officials shut
                 down in-person learning for the vast majority of our
                 more than 56 million elementary and secondary school
                 students beginning in late February and early March of
                 this year. Since then, however, our Nation has
                 identified effective measures to facilitate the safe
                 resumption of in-person learning, and the Federal
                 Government has provided more than $13 billion to States
                 and school districts to implement those measures.
                 The prolonged deprivation of in-person learning
                 opportunities has produced undeniably dire consequences
                 for the children of this country. The Centers for
                 Disease Control and Prevention has stated that school
                 attendance is negatively correlated with a child's risk
                 of depression and various types of abuse. States have
                 seen substantial declines in reports of child
                 maltreatment while school buildings have been closed,
                 indicating that allegations are going unreported. These
                 reductions are driven in part by social isolation from
                 the schoolteachers and support staff with whom students
                 typically interact and who have an obligation to report
                 suspected child maltreatment. The American Academy of
                 Pediatrics (AAP) has also found that school closures
                 have a ``substantial impact on food security and
                 physical activity for children and families.''
                 Additionally, a recent survey of educators found
                 student absences from school, including virtual
                 learning, have nearly doubled during the pandemic, and
                 as AAP has noted, chronic absenteeism is associated
                 with alcohol and drug use, teenage pregnancy, juvenile
                 delinquency, and suicide attempts.
                 School closures are especially difficult for families
                 with children with special needs. Schools provide not
                 only academic supports for students with special needs,
                 but they also provide much-needed in-person therapies
                 and services, including physical and occupational
                 therapies. A recent survey found that 80 percent of
                 children with special needs are not receiving the
                 services and supports to which they are entitled and
                 that approximately 40 percent of children with special
                 needs are receiving no services or supports. Moreover,
                 the survey found that virtual learning may not be fully
                 accessible to these students, as children with special
                 needs are twice as likely to receive little or no
                 remote learning and to be dissatisfied with the remote
                 learning received.
                 Low-income and minority children are also
                 disproportionately affected by school closures. In low-
                 income zip codes, students' math progress decreased by
                 nearly 50 percent while school buildings were closed in
                 the spring, and the math progress of students in
                 middle-income zip codes fell by almost a third during
                 the same period. A recent analysis projected that, if
                 in-person classes do not fully resume until January
                 2021, Hispanic, Black, and low-income students will
                 lose 9.2, 10.3, and 12.4 months of learning,
                 respectively.
                [[Page 220]]
                 A failure to quickly resume in-person learning options
                 is likely to have long-term economic effects on
                 children and their families. According to a recent
                 study, if in-person classes do not fully resume until
                 January 2021, the average student could lose $61,000 to
                 $82,000 in lifetime earnings, or the equivalent of a
                 year of full-time work. Additionally, in 2019, more
                 than 90 percent of children under the age of 18 had at
                 least one employed parent. Many employed parents do not
                 have the option of engaging in remote work that allows
                 them the flexibility to supervise their children during
                 the day when in-person learning options are not
                 available. Without the resumption of in-person learning
                 opportunities, the economic and social harms resulting
                 from such lost employment opportunities will continue
                 to compound.
                 To help mitigate these harms, the Department of Health
                 and Human Services recently announced additional relief
                 for low-income parents by allowing States to use funds
                 available through the Child Care and Development Fund
                 to subsidize child care services and services that
                 supplement academic instruction for children under the
                 age of 13 who are participating in virtual instruction.
                 Nevertheless, virtual instruction is an inadequate
                 substitute for in-person learning opportunities and
                 this aid is insufficient to meet current needs.
                 While some families, especially those with financial
                 means, have been able to mitigate school disruptions
                 through in-person options such as homeschooling,
                 private schools, charter schools, and innovative models
                 like microschools and ``learning pods,'' for many
                 families, their children's residentially assigned
                 public school remains their only financially available
                 option. Unfortunately, more than 50 percent of all
                 public-school students in the United States began
                 school remotely this fall. These children, including
                 those with special needs, are being underserved due to
                 the public education system's failure to provide in-
                 person learning options.
                 Students whose families pay tuition for their education
                 are also facing significant hardships due to the
                 economic disruptions caused by the pandemic. Scores of
                 private schools, including approximately 100 Catholic
                 schools, have permanently closed since the onset of
                 COVID-19, and more than half of our Nation's private
                 schools are believed to have lost enrollment due to the
                 pandemic. These closures and declining enrollments are
                 harmful to students, bad for communities, and likely to
                 impose increased strain on public school systems.
                 I am committed to ensuring that all children of our
                 great Nation have access to the educational resources
                 they need to obtain a high-quality education and to
                 improving students' safety and well-being, including by
                 empowering families with emergency learning
                 scholarships.
                 Sec. 2. Providing Emergency Learning Scholarships for
                 Students. The Secretary of Health and Human Services
                 shall take steps, consistent with law, to allow funds
                 available through the Community Services Block Grant
                 program to be used by grantees and eligible entities to
                 provide emergency learning scholarships to
                 disadvantaged families for use by any child without
                 access to in-person learning. These scholarships may be
                 used for:
                (i) tuition and fees for a private or parochial school;
                (ii) homeschool, microschool, or learning-pod costs;
                (iii) special education and related services, including therapies; or
                (iv) tutoring or remedial education.
                 Sec. 3. 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.
                [[Page 221]]
                 (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,
                 December 28, 2020.
                [FR Doc. 2020-29235
                Filed 12-31-20; 11:15 am]
                Billing code 3295-F1-P
                

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