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On Sept. 17, the Department of Education (DOE) proposed a regulation entitled, “Proposed Priority and Definitions — Secretary’s Supplemental Priority and Definitions on Promoting Patriotic Education”. The proposed regulation, found at 34 CFR Part 75 of the Federal Register online, “focuses grant funds on programs that promote a patriotic education that cultivates citizen competency and informed patriotism among and communicates the American political traditions to all students at all levels ...” The purported purpose of the regulation is “[t]o provide a common foundation and shared conception of this more perfect union,” by “transmit[ting] to all American students a shared understanding of our political, economic, intellectual, and cultural history- including our national symbols and heroes.”

On the same date, the Secretary of the Department of Education, Linda McMahon, announced DOE’s partnership with a group of 40 conservative organizations to form the America 250 Civics Education Coalition. Its goal: to create patriotic civic materials and programming in celebration of the 250th anniversary of the United States. The project will be led by the America First Policy Institute. It includes members such as The Heritage Foundation (publisher of Project 2025), the Goldwater Institute, and Turning Point USA.

A DOE press release announcing the coalition quoted the CEO for Turning Point Education as saying, “Turning Point Education is more resolved than ever to advance God-centered, virtuous education for students flourishing across our nation.”

The timing appears coordinated. On Oct. 14, The Heritage Foundation released a “clause-by-clause analysis of the Constitution”, which has been described as an “originalist manifesto” by the New York Times. The Times reports the book questions fundamental rights such as the right of an indigent defendant to appointed counsel and what is really meant by a “speedy trial.”

The proposed regulation should not become law. The DOE is prohibited by law from exercising “any direction, supervision or control over the curriculum, program or instruction,” … “or over the selection of library resources, textbooks or other printed or published instructional materials by any educational institution or school system.” 20 USC 1232a. Yet the Department is trying to circumvent this prohibition with the passage of 34 CFR Part 75. Instead of providing grant funds to public school districts administered by local governments across the nation to implement their own curriculums, DOE will use taxpayer money to provide grant funds that will enrich right-wing entities who plan to disseminate whitewashed history through materials and programs to kids too young to recognize it as such.

The Smithsonian Institution has rid its buildings of any reference to President Trump’s two impeachments. The National Park Service has removed a picture of a slave with whip-inflicted scars covering his back. Do you really want the Heritage Foundation telling your kids what the Constitution means? How can we improve our country if we don’t recognize and grapple with our mistakes?

These are frustrating times. But there is something you can do. The regulation is not the law yet. The time for public comment ended Oct. 17; next, the DOE is required to consider the comments before issuing a final regulation. The DOE final regulation must be forwarded to Congress, which has 60 legislative or session days to react. Under the Congressional Review Act, any member of Congress can raise a joint resolution of disapproval during the 60-day time frame. The regulation does not become law if a simple majority disapproves of it. Email or call your representatives. Let your representatives know that you want them to file a joint resolution of disapproval of 34 CFR Part 75.