Why This Executive Order Is Important to Homeschoolers

Did you see the signing of this executive order? Let me explain why this executive order is important to homeschoolers.

Please know this is not about being for or against Trump. This is about government and education. Education is governed by the states, but the Federal Government has gotten more and more involved with education. How? By controlling the funding that states receive and giving incentives for various objectives. (HSLDA covers this topic extensively!) This is a direct violation of the 10th Amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

President Trump just signed an executive order essentially stating the Federal Government will follow the constitution and the 10th Amendment regarding how much (really it states how little) involvement the Federal Government will have in education. This executive order is fantastic for us. And I love how it starts…

… and in order 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

Y’all there are no sweeter words to a mama who loves our constitution {emphasis added above is mine}. Seriously, I get goosebumps just reading it. Limiting the reach of the Federal Government is a big deal.  This is the perfect time to use a current event to jump into the study of the constitution with your child… or review it, if you have already studied it. Here is a free Kindle and Audible version of the constitution.

The Executive Order is pretty short and sweet… I have copied it below, but you can find it here on the White House’s website. Verbatim.

Presidential Executive Order on Enforcing Statutory Prohibitions on Federal Control of Education


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By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order 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, including section 103 of the Department of Education Organization Act (DEOA) (20 U.S.C. 3403), sections 438 and 447 of the General Education Provisions Act (GEPA), as amended (20 U.S.C. 1232a and 1232j), and sections 8526A, 8527, and 8529 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) (20 U.S.C. 7906a, 7907, and 7909), it is hereby ordered as follows:

Section 1.  Policy.  It shall be the policy of the executive branch 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, including ESEA, as amended by ESSA, and ESEA’s restrictions related to the Common Core State Standards developed under the Common Core State Standards Initiative.

Sec. 2.  Review of Regulations and Guidance Documents.  (a)  The Secretary of Education (Secretary) shall review all Department of Education (Department) regulations and guidance documents relating to DEOA, GEPA, and ESEA, as amended by ESSA.

(b)  The Secretary shall examine whether these regulations and guidance documents comply with Federal laws that prohibit the Department from exercising any direction, supervision, or control over areas subject to State and local control, including:

(i)    the curriculum or program of instruction of any elementary and secondary school and school system;

(ii)   school administration and personnel; and

(iii)  selection and content of library resources, textbooks, and instructional materials.

(c)  The Secretary shall, as appropriate and consistent with applicable law, rescind or revise any regulations that are identified pursuant to subsection (b) of this section as inconsistent with statutory prohibitions.  The Secretary shall also rescind or revise any guidance documents that are identified pursuant to subsection (b) of this section as inconsistent with statutory prohibitions.  The Secretary shall, to the extent consistent with law, publish any proposed regulations and withdraw or modify any guidance documents pursuant to this subsection no later than 300 days after the date of this order.

Sec. 3.  Definition.  The term “guidance document” 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.

Sec. 4.  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.

(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.


April 26, 2017.

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  1. Thanks for bringing this one to my attention. I’m glad to see POTUS upholding the Constitution and returning power and oversight to where it should be in the first place, the state and local governments. I also like how it clarifies that this is not intended to countermand or mess with existing law, just the execution (by the Executive Branch, imagine that) of laws passed by the Legislative Branch.

  2. That’s all good and well if you live in a state that values education. Those of us who live in the bottom of the barrel states, Idaho is mine, where we have the lowest paid teachers, lowest per student spending in the country, etc. Even with the oversight of the federal government we still have crummy schools, underpaid teachers ($25k/yr with a masters) and low achievement. The upside to this is Idaho couldn’t care less about what I do as far as my kids’ homeschool education. I don’t have to report anything to anyone, talk to anyone, nothing. The constitution also guarantees equal, free education for all.

    1. Jen, clearly education is bad if you believe that the Constitution guarantees free and equal education for all. I’m truly not meaning to ridicule you, but that statement shows me how much the liberal agenda is teaching lies about the foundations of the USA and our Constitution. When a liberal federal government controls education, they will control what is taught and easily alter history to fit their agenda. I shouldn’t say “they will”, I should say, “they have”. In the last decade I’ve watched the educational system (mainly high school and college) portray ideas and opinions as legal “facts”, which is a disservice to all. Trump-haters will say what he’s done with this order is “un-Constituational”, when, in fact, he’s reversing un-Constitutional policies to preserve what our country was founded on: freedom. I have many friends in Idaho who are thrilled at their ability to educate their children freely through homeschooling. Public education may not be as good as you desire, but Idaho is a state that cherishes “less government”, so public services may not be the priority. It seems that’s what the majority of Idahoans want and will vote accordingly. We recently moved from California to the midwest for various reasons, including homeschooling freedom. This is important to us and a part of the reason we moved. If you’re looking for government-run education (and everything else), then California may be a good choice for you. I know it’s a luxury to pick up and move to another state, but it’s pretty cool that we can have that choice. My main point, I guess, is that what you hate about your state is cherished by others there. Here on a homeschooling website, you’re going to find people who love educational freedom and often spend a lot of time studying the Constitution and US laws because upholding those laws is our only chance of preserving homeschooling freedom.

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