Military Family GI Bill Promise Act

— 359 — Department of Education l The reissuing of the report on school safety from 2018 with updated information, l The release of a report to Congress on how to consolidate the department and trim nonessential employees, l A report on the negative influence of action civics on students’ understanding of history and civics and their disposition toward the United States, l An update of the Coleman report to show the impact of family structure on student achievement, l A full accounting of CARES Act education expenditures, and l A report on how many dollars make their way to the classroom in every federal education grant and program. Pursue Antitrust Against Accreditors l The President should issue an executive order pursuing antitrust against college accreditors, especially the American Bar Association (ABA). NEW POLICIES/REGULATIONS THAT REQUIRE COORDINATION WITH OTHER AGENCIES AND/OR THE WHITE HOUSE The department must coordinate any rulemaking with the White House, the Office of Management and Budget (OMB), DOJ, and other agencies that share responsibility with the department in the administration or enforcement of stat- ute, such as Titles VI and IX. Moreover, regarding regulations arising under civil rights laws administered by the department, Executive Order 12550 requires the Attorney General to approve final regulations; the Assistant Attorney General for Civil Rights must approve notices of proposed rulemaking. Organizational Issues Historical Budget Information. Congressional appropriations for the U.S. Department of Education have risen from $14 billion in 1980 to $95.5 billion in 2021, an astounding increase, especially in light of the lack of improvements in student outcomes. Recommend Budget Cuts, Shifts, and Augmentations, If Any. Transferring most of the programs at the U.S. Department of Education to other agencies and eliminating duplicative and ineffective programs would yield significant taxpayer

— 359 — Department of Education l The reissuing of the report on school safety from 2018 with updated information, l The release of a report to Congress on how to consolidate the department and trim nonessential employees, l A report on the negative influence of action civics on students’ understanding of history and civics and their disposition toward the United States, l An update of the Coleman report to show the impact of family structure on student achievement, l A full accounting of CARES Act education expenditures, and l A report on how many dollars make their way to the classroom in every federal education grant and program. Pursue Antitrust Against Accreditors l The President should issue an executive order pursuing antitrust against college accreditors, especially the American Bar Association (ABA). NEW POLICIES/REGULATIONS THAT REQUIRE COORDINATION WITH OTHER AGENCIES AND/OR THE WHITE HOUSE The department must coordinate any rulemaking with the White House, the Office of Management and Budget (OMB), DOJ, and other agencies that share responsibility with the department in the administration or enforcement of stat- ute, such as Titles VI and IX. Moreover, regarding regulations arising under civil rights laws administered by the department, Executive Order 12550 requires the Attorney General to approve final regulations; the Assistant Attorney General for Civil Rights must approve notices of proposed rulemaking. Organizational Issues Historical Budget Information. Congressional appropriations for the U.S. Department of Education have risen from $14 billion in 1980 to $95.5 billion in 2021, an astounding increase, especially in light of the lack of improvements in student outcomes. Recommend Budget Cuts, Shifts, and Augmentations, If Any. Transferring most of the programs at the U.S. Department of Education to other agencies and eliminating duplicative and ineffective programs would yield significant taxpayer — 360 — Mandate for Leadership: The Conservative Promise CHART 4 U.S. Department of Education, Total Appropriations IN BILLIONS OF DOLLARS $120 $100 $95.5 $80 $60 $40 $20 $14 $0 1980 1985 1990 1995 2000 2005 2010 2015 2020 NOTE: Totals include mandatory and discretionary appropriations. SOURCE: U.S. Department of Education, “Budget History Tables,” Education Department Budget History Table, https://www2.ed.gov/about/overview/budget/history/index.html (accessed March 17, 2023). A heritage.org savings. The proposal would immediately save more than $17 billion annually in various programs. Savings over a decade would be far more robust, as the revenue responsibility for many formula grant programs would be returned to the states. Some highlights include: l Eliminate competitive grant programs and reduce spending on formula grant programs. Competitive grant programs operated by the Department of Education should be eliminated, and federal spending should be reduced to reflect remaining formula grant programs authorized under Title I of the Elementary and Secondary Education Act (ESEA) and the handful of other programs that do not fall under the competitive/ project grant category. Remaining programs managed by the Department

— 357 — Department of Education NEW EXECUTIVE ORDERS THAT THE PRESIDENT SHOULD ISSUE Guidance Documents l The President should immediately reinstate and reissue Executive Order 13891: Promoting the Rule of Law Through Improved Agency Guidance Documents, 84 Fed. Reg. 55235 (Oct. 9, 2019), and Executive Order 13892: Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication (Oct. 15, 2019). These executive orders required all federal agencies to treat guidance documents as non-binding in law and practice and also forbade federal agencies from imposing new standards of conduct on persons outside the executive branch through guid- ance documents. They required all federal agencies to apply regulations and statutes instead of guidance documents in any enforcement action. President Biden revoked these executive orders on January 20, 2021, demonstrating that these executive orders effectively restrained the abuses of an expansive administrative state. l Require APA notice and comment. The President should issue an executive order requiring the Office for Civil Rights’ Case Processing Manual to go through APA (Administrative Procedures Act) notice and comment. l Protect the First Amendment. The President should issue an executive order requiring grant applications (SF-424 series) to contain assurances that the applicant will uphold the First Amendment in funded programs and work. l Minimize bachelor’s degree requirements. The President should issue an executive order stating that a college degree shall not be required for any federal job unless the requirements of the job specifically demand it. l Eliminate the “list of shame.” Educational institutions can claim a religious exemption with the Office for Civil Rights at the Department of Education from the strictures of Title IX. In 2016, the Obama Administration published on the Department of Education’s website a list of colleges that had applied for the exemption. This “list of shame” of faith-based colleges, as it came to be known, has since been archived on ED’s website, still publicly available. The President should issue an executive order removing the archived list and preventing such a list from being published in the future. — 358 — Mandate for Leadership: The Conservative Promise NEW AGENCY POLICIES THAT DON’T REQUIRE NEW LEGISLATION OR REGULATIONS TO ENACT Transparency of FERPA and PPRA Complaints l The Department of Education should be transparent about complaints filed on behalf of families regarding the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). l At the same time, the Department of Education should develop a portal and resources for parents on their rights under FERPA and PPRA. This portal should also contain an explanation of the Health Insurance Portability and Accountability Act (HIPPA) and public school procedures to demonstrate that the law does not deprive parents of their right to access any school health records. The D.C. Opportunity Scholarship Program In 2011, Congress added new requirements to the D.C. Opportunity Scholarship Program stating that participating private schools must submit to site visits by the program administrator, inform prospective students about the school’s accreditation status, mandate that teachers of core subjects have bachelor’s degrees, and require participating students to take some form of nationally norm-referenced test. Notably, the 2011 reauthorization also required, for the first time, that participating private schools be accredited or be on a path to accreditation. The 2017 reauthorization went further, requiring that each participating school supply a certificate of accreditation to the administering entity upon program entry, demonstrating that the school is fully accredited before being allowed to participate. The list of approved accreditors is entirely too small to serve the mission of the diverse schools in the nation’s capital. l Although the accreditation regulations should be removed entirely by Congress, in the meantime, the next President should issue an executive order expanding the list of allowable accreditors. Transparency Around Program Performance and DEI Influence The next President should issue a series of executive orders requiring: l An accounting of how federal programs/grants spread DEI/CRT/ gender ideology, l A review of outcomes for GEAR UP and the 21st Century grants programs,