Executive Order on Expanding Educational Opportunity Through School Choice

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 to protect the education, health, safety, and overall well-being of America’s children—our most valuable resource and the foundation of our Nation’s future—it is hereby ordered as follows:

Section 1. Purpose.


In response to the COVID-19 pandemic, State and local officials suspended in-person learning for most of our 56 million elementary and secondary students beginning in late February and early March. Since then, effective safety measures for reopening schools have been identified, and the Federal Government has allocated over $13 billion to assist States and school districts in implementing these safeguards.

The extended closure of schools has had severe negative effects on children. The Centers for Disease Control and Prevention reports that regular school attendance is linked to lower risks of depression and abuse. During closures, reports of child maltreatment have dropped significantly, suggesting underreporting. This likely stems from reduced interaction with teachers and staff—key reporters of suspected abuse. The American Academy of Pediatrics (AAP) also notes school closures have harmed children's food security and physical activity. Additionally, a survey of educators found that absenteeism—both physical and virtual—has nearly doubled, a troubling sign given its connection to substance abuse, teen pregnancy, delinquency, and suicide.

Families of children with special needs have been hit especially hard. Schools offer not just academics, but also essential in-person therapies like physical and occupational services. A recent survey found 80% of children with special needs aren’t receiving their entitled services, and 40% receive none at all. These students are also twice as likely to face limited or inaccessible remote learning and are less satisfied with it overall.

Low-income and minority students have borne a disproportionate share of the burden. In low-income areas, math performance declined by nearly 50% during school closures, while students in middle-income areas saw a one-third drop. Projections indicate that if in-person learning doesn’t resume until January 2021, Hispanic, Black, and low-income students will fall behind by 9.2, 10.3, and 12.4 months, respectively.

Delays in resuming in-person learning could have lasting economic impacts on students and their families. One study estimates that a delay until January 2021 could reduce lifetime earnings by $61,000 to $82,000 per student—the equivalent of a full year of work. Moreover, with over 90% of children having at least one working parent, many families cannot accommodate remote supervision, especially without flexible jobs. Continued closures risk compounding both social and economic harm.

To help ease the burden, the Department of Health and Human Services has permitted States to use Child Care and Development Fund resources to subsidize child care and supplemental academic services for children under 13 engaged in virtual learning. Still, virtual instruction cannot fully replace in-person education, and current aid is insufficient to meet the scale of need.

While wealthier families have turned to alternatives such as homeschooling, private schools, charter schools, and innovative solutions like microschools and learning pods, many rely solely on their neighborhood public schools. Yet over half of public-school students began the fall semester online. These children—especially those with special needs—are not being adequately served by the current system.

Students in tuition-based schools are also struggling due to the economic fallout from the pandemic. Since its onset, around 100 Catholic schools and many other private institutions have shut down permanently. More than half of the nation’s private schools have experienced enrollment declines. These closures hurt students, destabilize communities, and increase the strain on already burdened public schools.

I am dedicated to ensuring that every child in America has access to the resources they need for a high-quality education. This includes measures that support student safety and well-being and empower families through emergency learning scholarships.

Sec. 2. Providing Emergency Learning Scholarships for Students.


The Secretary of Health and Human Services shall, in accordance with the law, enable the use of Community Services Block Grant funds by eligible entities to provide emergency learning scholarships to disadvantaged families whose children lack access to in-person education. These scholarships may be used for:

(i)   Tuition and fees at private or parochial schools;
(ii)  Costs associated with homeschooling, microschools, or learning pods;
(iii) Special education services and therapies;
(iv)  Tutoring or remedial instruction.

Sec. 3. General Provisions.


(a)  Nothing in this order shall be interpreted to:
(i)   Limit any legal authority of an executive department or agency, or its leadership; or
(ii)  Interfere with the responsibilities of the Office of Management and Budget concerning budgetary or legislative matters.

(b)  Implementation of this order shall follow all applicable laws and depend on available appropriations.

(c)  This order does not create any enforceable rights or benefits, either substantive or procedural, against the United States, its departments, agencies, officers, employees, or any other person or entity.