New Education Act Codifies Executive Order, Keeps Title IX Status Quo for Religious Schools

The “Expanding Educational Freedom and Opportunity for Families Act” is a short bill section that does two main things: it officially names the legislation, and it takes an existing policy—Executive Order 14191—and locks it into federal law.

Making Policy Permanent: The Executive Order Upgrade

When an administration issues an Executive Order (EO), it’s essentially a policy directive that can be changed or revoked by the next administration. This bill, specifically in Section 2, changes that by codifying EO 14191. Think of it like taking a temporary lease agreement and turning it into a permanent deed. By making the EO a statute, the policy now has the full force of law, making it much harder to undo down the road. For the average person, this means the specific policy established by that order is now a stable part of the legal landscape, regardless of who is in the White House.

The Fine Print on School Accountability

Here’s the part that matters for parents and students concerned about civil rights and school accountability: The bill explicitly clarifies that codifying this EO doesn't change the rules for private, religious, or parochial elementary and secondary schools regarding federal funding. More importantly, it doesn't change how courts determine if these schools are considered “state actors” under Title IX of the Education Amendments of 1972 or the Fourteenth Amendment.

Title IX is the federal law that prohibits sex-based discrimination in any school or education program that receives federal funding. The “state actor” designation is a crucial legal test that determines whether a private entity can be held liable for civil rights violations, particularly under the Fourteenth Amendment. This bill makes it clear that the new law will not be used to broaden or narrow the existing definition of a state actor for these schools.

What This Means for Families

If you’re a parent whose child attends a religious school that receives some federal money, this provision is basically a legal status quo guarantee. For those who advocate for stronger civil rights enforcement in private schools, this means the existing legal hurdles remain exactly where they are. The bill’s language ensures that codifying the Executive Order doesn't inadvertently create a loophole or a new path to force these schools to comply with Title IX standards beyond what is currently required by law. It’s a procedural move designed to give the policy permanence while explicitly avoiding a fight over existing civil rights jurisprudence.