Keeping Education Accessible and Ending Covid-19 Vaccine Mandates in Schools

February 15, 2025

Action Summary

  • Purpose and Policy: Empower parents and young adults to decide on COVID-19 vaccination for education without coercion; emphasizes that threatening educational access over vaccination is an infringement on personal freedom.
  • Funding Restrictions: Prohibits the use of discretionary Federal funds to support any elementary, secondary, local, state, or higher education institution that mandates COVID-19 vaccination for in-person attendance.
  • Guidelines Issuance: Directs the Secretary of Education to promptly issue guidelines to educational agencies and institutions concerning parental authority, religious freedom, disability accommodations, and equal protection in relation to vaccine mandates.
  • Plan Development: Requires a plan, developed by the Secretary of Education in consultation with the Secretary of Health and Human Services, to eliminate coercive COVID-19 school mandates. This plan must include:
    • a list of Federal grants and contracts given to non-compliant institutions, and
    • each agency’s process for preventing or rescinding Federal funds from institutions not following the guidelines.
  • Definitions: Provides specific definitions for terms such as “educational service agency,” “elementary school,” “secondary school,” “local educational agency,” “State educational agency,” and “institution of higher education” as per federal statutes and regulations.
  • General Provisions: States that the order does not impair the legal authority of executive departments, is subject to applicable law and appropriations, and does not create enforceable rights or benefits for any party.

Risks & Considerations

  • The Executive Order prohibits the use of federal funds for educational institutions that mandate COVID-19 vaccinations, which could impact Vanderbilt University if it has such mandates in place. This may necessitate policy changes to ensure compliance and continued access to federal funding.
  • There is a potential risk of legal challenges or public relations issues if the university’s policies are perceived as coercive or infringing on personal freedoms, particularly in relation to parental authority and religious freedoms.
  • The order requires the Secretary of Education to issue guidelines on legal obligations regarding COVID-19 mandates, which may lead to new compliance requirements for the university. This could involve additional administrative efforts to align with federal guidelines.
  • Vanderbilt University may need to reassess its health and safety protocols to balance public health concerns with the new federal policy on vaccine mandates, potentially affecting campus operations and student services.

Impacted Programs

  • Vanderbilt’s Health and Safety Office will need to review and possibly revise its COVID-19 policies to ensure they align with the new federal guidelines and do not jeopardize federal funding.
  • The Office of Legal Affairs may need to provide guidance on the implications of the executive order and assist in navigating any legal challenges or compliance issues that arise.
  • Vanderbilt’s Financial Aid Office could be affected if changes in federal funding policies impact the availability of grants and financial aid for students.
  • The Office of Public Affairs might need to manage communications and public relations strategies to address community concerns and maintain the university’s reputation.

Financial Impact

  • The restriction on federal funding for institutions with COVID-19 vaccine mandates could lead to financial implications if Vanderbilt University needs to adjust its policies to maintain eligibility for federal grants and contracts.
  • There may be increased administrative costs associated with ensuring compliance with new federal guidelines and managing any necessary policy changes.
  • Potential changes in student enrollment patterns could occur if the university’s policies are perceived as either too strict or too lenient, affecting tuition revenue and financial planning.
  • Opportunities for federal research funding might be influenced by the university’s alignment with the executive order’s directives, necessitating strategic adjustments in research priorities and collaborations.

Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)

Key Actions

  • Vanderbilt University Administration should review and ensure compliance with the new guidelines issued by the Secretary of Education regarding COVID-19 vaccine mandates. This will be crucial to avoid any potential loss of federal funding.
  • The Office of Federal Relations should monitor the development of the plan to end coercive COVID-19 school mandates and assess its implications for the university’s policies and funding.
  • Vanderbilt’s Legal Department should evaluate the university’s current policies on COVID-19 vaccinations to ensure they align with federal guidelines on parental authority, religious freedom, and equal protection under the law.
  • The Health and Safety Committee should update the university’s health protocols to reflect the latest federal guidelines and ensure that students and parents are informed about their rights and the university’s policies.

Opportunities

  • Vanderbilt can position itself as a leader in public health education by developing programs that provide accurate information about COVID-19 risks and mitigation strategies, empowering students and parents to make informed decisions.
  • The university can enhance its reputation by hosting forums and discussions on the balance between public health mandates and personal freedoms, engaging with policymakers, educators, and the community.

Relevance Score: 3 (Some adjustments are needed to processes or procedures to ensure compliance with new federal guidelines and to mitigate risks of funding loss.)

Average Relevance Score: 4

Timeline for Implementation

  • As soon as practicable: The Secretary of Education is directed to issue guidelines to educational entities regarding legal obligations related to COVID-19 vaccine mandates.
  • Within 90 days from February 15, 2025: The Secretary of Education, in consultation with the Secretary of Health and Human Services, must provide the President with a plan to end coercive COVID-19 school mandates.

The directive with the shortest timeline is “as soon as practicable,” implying an immediate or urgent response.

Relevance Score: 5

Impacted Government Organizations

  • U.S. Department of Education: Tasked with issuing guidelines to elementary schools, local and state educational agencies, secondary schools, and institutions of higher education regarding COVID-19 vaccine mandates and ensuring that Federal funds are not used to support agencies that enforce such mandates.
  • U.S. Department of Health and Human Services: Required to consult with the Secretary of Education to develop a coordinated plan to end coercive COVID-19 vaccine mandates in schools, ensuring that public health guidance complements educational policies.
  • Office of Management and Budget (OMB): Mentioned in the general provisions, the OMB’s functions related to budgetary, administrative, or legislative proposals remain unaffected, implying an oversight role in fiscal matters tied to this order.
  • Educational Service Agencies and Related Local Entities: Includes local educational agencies, State educational agencies, elementary schools, secondary schools, and institutions of higher education that receive discretionary Federal funds; these entities are directly impacted by the prohibition on using Federal funds to support vaccination mandates.

Relevance Score: 3 (Six to ten agencies and related entities are directly impacted by the directives in this order.)

Responsible Officials

  • Secretary of Education – Tasked with issuing guidelines to elementary schools, local educational agencies, State educational agencies, secondary schools, and institutions of higher education regarding legal obligations and providing a plan to end coercive COVID-19 school mandates.
  • Secretary of Health and Human Services – Consulted by the Secretary of Education in developing the plan to end coercive COVID-19 school mandates.

Relevance Score: 5 (Affects Cabinet-level officials responsible for major national policy directives.)