U.S. Department of Education (ED), U.S. Department of Justice (DOJ)

The following titles, parts, and sections of the Code of Federal Regulations (CFR) should be rescinded to close regulatory gaps that allow religious-based schools to receive federal funding and potentially engage in discriminatory practices: 34 CFR Part 76 – State-Administered Programs Targeted Sections: Provisions related to eligibility for federal funds for religious schools. Rescission Focus: Rescind provisions that allow religious schools to qualify for state-administered federal funds, ensuring public funds are not allocated to institutions that provide religious education. 34 CFR Part 75 – Direct Grant Programs Targeted Sections: Regulations that allow religiously affiliated schools to participate in federal funding programs. Rescission Focus: Remove provisions that allow religiously affiliated schools to access direct federal grants, ensuring taxpayer dollars are not used to fund institutions that provide religious instruction. 20 U.S.C. § 6320 – Fund for Religious-Based Educational Institutions Targeted Provision: Indirect funding for religious schools. Rescission Focus: Rescind funding under this section that indirectly supports religious schools, ensuring federal funds are not used to support religious education. 42 U.S.C. § 2000d-1 – Religious Schools’ Access to Federal Funds under Title VI of the Civil Rights Act of 1964 Targeted Provision: Access to federal funds that allow discrimination based on religious affiliation. Rescission Focus: Eliminate provisions that permit religious schools to discriminate in hiring or admissions based on religious affiliation while receiving federal funds.

Religious Schools' Eligibility for Federal Funding and Federal Financial Assistance Programs

Religious indoctrination in schools violates the principle of separation of church and state enshrined in the First Amendment of the U.S. Constitution. Allowing religious-based schools to receive federal funding undermines public education standards, encourages religious discrimination, and leads to the exclusion of students from minority faiths or non-religious backgrounds. Additionally, it diverts valuable resources from public education systems that serve all students equitably. This proposal aims to prevent religious-based schools from receiving federal funding to ensure that taxpayer dollars are spent on non-sectarian and inclusive educational opportunities.

U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202

Office of Public Affairs Phone: 202-401-1576 Email: publicaffairs@ed.gov

In recent years, several programs have allowed religious-based schools to access federal funds, including Title I grants, special education funding, and teacher training programs. These provisions were created under the premise that religious schools could serve disadvantaged students in some cases. However, these programs have allowed for religious indoctrination, discrimination based on religious beliefs, and the promotion of exclusionary practices. Studies have shown that this funding undermines the intent of public education, which should be secular and focused on fostering a diverse, inclusive learning environment. A 2020 study by the U.S. Commission on Civil Rights identified significant concerns about religiously affiliated schools that exclude students based on religion or teach religious doctrine that conflicts with core public education principles. The increase in taxpayer dollars going to private religious schools has resulted in diminished support for public schools and worsened social divisions.

The separation of church and state is a fundamental principle of the U.S. Constitution. Allowing religious-based schools to access federal funding not only violates this principle, but it also leads to discriminatory practices that harm students' educational experiences. By ending federal funding for religious-based schools, we can ensure that taxpayer dollars are used to support non-sectarian education that serves all students equitably. Furthermore, eliminating religious indoctrination in schools promotes inclusivity and prevents the marginalization of students from non-religious or minority religious backgrounds. This will help ensure that all children, regardless of their faith or background, are provided with the opportunity to receive an education that is based on reason, critical thinking, and scientific inquiry rather than religious dogma.

Eligibility for Federal Funding: Religious-based schools will no longer be eligible to receive federal funding under 34 CFR Part 76 and 34 CFR Part 75. These provisions will be amended to specifically exclude religiously affiliated schools from receiving any form of federal grants or student assistance programs. Non-Discrimination: Federal education programs will require that all recipients of federal funding adhere to a non-sectarian curriculum and include inclusive practices that respect the rights of students from diverse religious and non-religious backgrounds. End Funding for Religious Instruction: Title I, special education, and other educational programs will be restricted from going to institutions that provide religious instruction or require students to adhere to religious practices as a condition for receiving an education. Audit and Compliance: Schools that receive federal funding will be subject to strict audits to ensure that they adhere to secular education standards, and religious instruction will be prohibited as part of any federally funded education program.

Linda E McMahon

Secretary of Education