Expanding Freedom and Fairness in Education

A proposal for a new Executive Order would require states to adopt free-market education policies as a condition of receiving federal funds is a decisive step toward empowering parents, protecting religious liberty, and ensuring educational excellence across the nation.

At the heart of this proposed order is a simple principle: parents, not bureaucracies, should control education dollars. By mandating that state appropriations follow the child in the form of vouchers or education savings accounts, the order ensures that every family has the freedom to choose the school that best fits their child’s needs—whether public, private, charter, or home education. This system injects competition into education, driving innovation and improving quality, just as competition improves other sectors of American life.

William Wagner, the WFFC Distinguished Chair who prepared the proposed order, stated that the proposal also reinforces America’s longstanding commitment to religious liberty. For too long, some states have discriminated against families who wished to use education funds at religiously affiliated schools. The Supreme Court has made clear in Espinoza v. Montana Department of Revenue and Carson v. Makin that such discrimination violates the Free Exercise Clause. By conditioning federal funds on nondiscrimination, the Executive Order ensures that parents of faith are treated equally and fairly.

Additionally, the proposed order reflects the federal government’s constitutional authority under the Spending Clause to set reasonable conditions on the receipt of federal funds. Just as Washington can require states to meet civil rights obligations, it can require fairness in educational opportunity and protect religious freedom.

In practice, this policy strengthens families, and fosters accountability. Schools should earn the trust and confidence of parents rather than relying on guaranteed funding. Students benefit when schools compete to provide the highest quality education. This proposed Executive Order ensures that federal dollars work for families and freedom, not bureaucracy and monopoly.

Read the proposed Executive Order:

Executive Order on Education and the Allocation of Federal Funds

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Article I, Section 8, Clause 1, Title VI and Title IX of the Education Amendments of 1972, and consistent with the First Amendment to the Constitution, it is hereby ordered as follows:

Section 1. Policy.

It is the policy of the United States to promote parental choice in education, to strengthen free market principles in the allocation of education resources, and to prohibit discrimination on the basis of religion in the use of such resources.

Sec. 2. Findings.

(a) The Taxing and Spending Clause authorizes the Federal Government to attach conditions to the receipt of federal funds.

(b) Title VI and Title IX prohibit discrimination in education programs receiving federal financial assistance.

(c) The Supreme Court has held that States may not exclude religious schools from generally available public benefits. In Espinoza v. Montana Department of Revenue, 591 U.S. ___ (2020), the Court ruled that once a State decides to subsidize private education, it cannot disqualify some private schools solely because they are religious. In Carson v. Makin, 596 U.S. ___ (2022), the Court reaffirmed that a State violates the Free Exercise Clause when it excludes religious schools from a tuition assistance program otherwise generally available.

Sec. 3. Conditions on Federal Funding.

(a) As a condition of receiving federal education funds, each State shall adopt and maintain policies that:

(i) require State education appropriations to be distributed directly to parents or guardians in the form of education savings accounts, vouchers, or equivalent mechanisms;

(ii) permit parents or guardians to direct such funds to public schools, private schools, charter schools, or home education programs of their choice; and

(iii) prohibit discrimination in the disbursement or use of such funds on the basis of religion, including the religious character or affiliation of the selected educational provider.

(b) The Secretary of Education shall establish procedures for determining State compliance with subsection (a) of this section.

Sec. 4. Enforcement.

(a) The Secretary of Education shall monitor State compliance with this order.

(b) The Secretary may withhold, suspend, or terminate federal education funds to any State that fails to comply.

(c) Prior to enforcement under subsection (b), the Secretary shall provide notice to the State and an opportunity to cure deficiencies.

Sec. 5. 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.

DONALD J. TRUMP

The White House,

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