US Department of Education
Office of Innovation and Improvement
REF: Constitution Day and Citizenship Day
QUESTION: Does "Constitution Day and Citizenship Day" Apply to Private Schools?
U.S. Public Law 108-447 is a statutory requirement mandating that educational institutions receiving Federal funds implement a program annually commemorating the signing of the U.S. Constitution on a date designated as "Constitution Day and Citizenship Day."
Section 111 of Division J of Public Law 108-447, the Consolidated Appropriations Act of 2005, authorizes Constitution Day and Citizenship Day. Section 111(b) states that each "educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution." For purposes of the Department's implementation of this requirement, "educational institutions" includes but is not limited to "local educational agencies" and "institutions of higher education" receiving Federal funding from the Department.
The Constitution Day and Citizenship Day requirement does not apply to private schools unless a private school directly receives Federal funding in a particular fiscal year. In general, private elementary and secondary schools are not recipients of Federal financial assistance, including those private elementary and secondary schools whose students and teachers participate in federal education programs (e.g., Titles I, II, III, IV, V). Private schools do not generally receive Federal funding from the Department of Education; rather, their students and teachers receive benefits and services. However, if a private school receives Federal funds directly from this Department, the requirements stated in the Federal Register notice apply to that school.
Section 111 applies to all educational institutions receiving Federal funding, not just those receiving Federal funding from the Department of Education. However, the Department's authority only extends to those educational institutions receiving funding from the Department, and consequently the Department can only regulate with regard to those institutions. To the extent that a private school may receive direct funding from another Federal agency, the provision may apply. We encourage all private schools to celebrate Constitution Day and Citizenship Day.
Questions concerning Constitution
Day and Citizenship Day, must be directed to the U.S. Office of Non-Public
Education in
RESOURCES:
* Library of Congress' repositories for Constitutional documents and information: http://memory.loc.gov/ammem/bdsds/bdsdhome.html.
* The National Archives Web site with a scan of the Constitution:
www.archives.gov/national_archives_experience/charters/constitution.html
* Federal Register Notice regarding
implementation of Constitution Day and Citizenship Day: http://www.ed.gov/legislation/FedRegister/other/2005-2/052405b.html