[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Presidential Documents]
[Pages 58551-58557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23224]


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                         Presidential Documents 
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  Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 58551]]

                Executive Order 14050 of October 19, 2021

                
White House Initiative on Advancing Educational 
                Equity, Excellence, and Economic Opportunity for Black 
                Americans

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. Educational opportunity is a 
                fundamental element of the American promise. The United 
                States Supreme Court recognized in 1954 in Brown v. 
                Board of Education that education ``is a right which 
                must be made available to all on equal terms.'' In the 
                decades since, our Nation has made progress in 
                advancing equality and fairness in our schools, and the 
                achievements, talents, and tenacity of Black students, 
                educators, families, and scholars make our Nation's 
                schools and communities stronger for all Americans. 
                Black students are thriving in schools across the 
                country, inside the classroom--as valedictorians and 
                award-winning scientists--and outside of it, including 
                in debate, athletics, student government, and national 
                spelling bees, among many other areas.

                Over the course of America's history, Black Americans 
                have helped to build, strengthen, and lead our Nation 
                towards becoming a more perfect Union. Although for far 
                too long, Black Americans were denied even the most 
                basic access to education, the vital contributions of 
                Black Americans in the fields of science, academia, 
                business, and public service, among others, are a 
                testament to the resilience of Black Americans and the 
                steps our Nation has taken to expand access to 
                education and opportunity.

                In spite of this progress, entrenched disparities 
                continue to plague America's education system, holding 
                far too many Black students back from achieving their 
                full potential. Because of persistent racial and 
                systemic injustices in our Nation, Black students 
                remain more likely to attend high-poverty and racially 
                segregated schools than White students. Black students 
                are inequitably disciplined and suspended from school 
                at disproportionately higher rates than White students 
                for similar offenses. In addition, Black students too 
                often face limited access to advanced and college-
                preparatory courses. Systemic racial disparities in 
                education negatively impact learning outcomes for Black 
                students and many face persistent gaps in reading and 
                mathematics achievement. Studies show that school 
                districts with high concentrations of Black students 
                are much more likely to be underfunded than districts 
                where a majority of students are White, and face much 
                wider funding gaps, with an average deficit of more 
                than $5,000 per student. Black students are still below 
                the national average for educational attainment in high 
                school, and that gap is even higher for college 
                attainment rates, as 26 percent of Black Americans ages 
                25 and older have attained a bachelor's degree, while 
                the national average is 36 percent. Black students also 
                face unique challenges at the intersection of race and 
                gender. Barriers to equity in education can compound 
                for Black students who are also LGBTQ+ students, 
                English-language learners, Dreamers, or students with 
                disabilities.

                These disparities result in long-standing college and 
                postsecondary educational attainment gaps that affect 
                life outcomes and access to opportunities. Although 
                student populations are becoming increasingly diverse, 
                Black teachers remain significantly underrepresented in 
                our Nation's classrooms. Educational inequities have 
                only widened throughout the COVID-19 pandemic, as Black 
                students are more likely to experience remote learning 
                challenges and greater learning loss as compared to 
                their White peers. The persistent

[[Page 58552]]

                digital divide faced by some Black students has 
                contributed to this disparity. It is a priority of my 
                Administration to ensure an equitable recovery from 
                COVID-19, and to provide all students with a successful 
                return to the classroom.

                In the face of these historic and present-day 
                inequities in our Nation's schools, Black students 
                continue to persevere. Black students and scholars 
                today are breaking the barriers confronted by 
                generations who came before. Our Nation's schools and 
                communities are irrefutably strengthened by the 
                success, scholarship, and tenacity of Black students of 
                all ages. But our Nation must go further to finally 
                root out systemic barriers in our schools.

                Additionally, these barriers are present not just in 
                the classroom, but also in the workplace. Black 
                Americans face systemic obstacles to getting good jobs, 
                gaps in wages and promotion, and higher incidences of 
                reported workplace discrimination than White workers. 
                Eliminating these inequities requires expanding access 
                to work-based learning and leadership opportunities, 
                including mentorships, sponsorships, internships, and 
                registered apprenticeships that provide not only career 
                guidance, but also the experience needed to navigate 
                and excel in successful careers. In order for our 
                Nation to equitably recover from the COVID-19 crisis, 
                and to ensure that every Black person in America has a 
                fair shot at the American dream, we must advance equity 
                and excellence in public education and access to 
                economic opportunities.

                It is the policy of my Administration to advance 
                educational equity, excellence, and economic 
                opportunity for Black Americans and communities from 
                early childhood until their chosen career.

                Sec. 2. White House Initiative on Advancing Educational 
                Equity, Excellence, and Economic Opportunity for Black 
                Americans. (a) To advance equity in our Nation's 
                schools and to promote the economic opportunity that 
                follows it, there is established in the Department of 
                Education (Department) the White House Initiative on 
                Advancing Educational Equity, Excellence, and Economic 
                Opportunity for Black Americans (Initiative), of which 
                the Secretary of Education (Secretary) shall serve as 
                Chair. The Secretary shall designate an Executive 
                Director for the Initiative (Executive Director).

                    (b) The Initiative shall advance educational equity 
                and economic opportunity for Black students, families, 
                and communities by focusing on the following policy 
                goals:

(i) increasing general understanding of systemic causes of educational 
challenges faced by many Black students, whether these students are in 
urban, suburban, rural, or migrant learning environments, and working 
across executive departments and agencies (agencies) to address these 
challenges;

(ii) increasing Black children's and families' access to and participation 
in high-quality early childhood programs and services that promote 
children's healthy development and learning, prepare them for success in 
school, and affirm their cultural identity;

(iii) addressing the inequitable treatment of Black children, such as 
eradicating discriminatory referrals to special education and excessive 
disciplinary actions;

(iv) supporting and improving data collection related to Black students and 
the implementation of evidence-based strategies to increase the 
participation and success of Black students in all levels of education and 
prepare them for careers and civic engagement;

(v) ensuring that all Black students have access to excellent teachers, 
school leaders, and other professionals, including by supporting efforts to 
improve the recruitment, preparation, development, and retention of 
qualified, diverse teachers and school leaders and other professionals who 
understand students' lived experiences and can effectively meet their 
learning, social, and emotional needs;

[[Page 58553]]

(vi) enhancing student support services and fostering positive engagement 
among schools, families, community leaders, and community-based 
organizations to increase the high school graduation and post-secondary 
attendance rates and decrease the high school dropout rate for Black 
students;

(vii) promoting a positive school climate that supports equitable access to 
and participation in college-readiness, advanced placement courses, and 
internship opportunities, as well as innovative dropout prevention and 
recovery strategies that better engage Black youth in their learning, help 
them progress academically as needed, and provide those who have left the 
educational system with pathways to reentry;

(viii) eliminating discriminatory enrollment, housing, transportation, and 
other policies that lead to racial and socioeconomic segregation among and 
within schools;

(ix) ensuring equitable access to educational resources, professionals, and 
technology, including by addressing racial disparities in school funding 
and expenditures;

(x) breaking down barriers that impede the access of higher education 
institutions that serve Black students, such as Predominantly Black 
Institutions (PBIs) and Historically Black Colleges and Universities 
(HBCUs), to Federal funding, and strengthening the capacity of those 
institutions to participate in Federal programs and partnerships;

(xi) advancing racial equity and economic opportunity by connecting 
education to labor market needs through programs such as dual enrollment, 
career and technical education, registered apprenticeships, work-based 
learning, and career advancement, particularly in the fields of science, 
technology, engineering, and mathematics; and

(xii) ensuring that Black communities have access to resources for economic 
success, such as in the areas of financial education, small business 
development, entrepreneurship, arts, science, technology, engineering, and 
mathematics.

                    (c) In working to fulfill its mission and 
                objectives, the Initiative shall, consistent with 
                applicable law:

(i) identify and promote evidence-based best practices that can provide 
Black students with a rigorous and well-rounded education in safe and 
healthy environments, as well as access to support services, that will 
improve their educational, professional, economic, and civic opportunities;

(ii) advance and coordinate efforts to ensure equitable opportunities for 
Black students in the re-opening process for schools across the country, 
and take steps to ensure that Black students, from early childhood to post-
secondary education, can equitably recover from learning losses and other 
challenges faced during the COVID-19 pandemic;

(iii) encourage and develop partnerships with a national network of early 
childhood and early intervention providers, schools, institutions of higher 
education, and other public, private, philanthropic, and nonprofit 
stakeholders to improve access to educational equity and economic 
opportunities for Black Americans;

(iv) monitor and support the development, implementation, and coordination 
of Federal Government educational, workforce, research, and business 
development policies, programs, and technical assistance designed to 
improve outcomes for historically underserved communities, including Black 
Americans;

(v) work closely with the Executive Office of the President on key 
Administration priorities related to education, equity, and economic 
opportunity for Black Americans; and

(vi) advise the Secretary on issues of importance to Black Americans and 
policies relating to educational equity, excellence, and economic 
opportunity for Black Americans.

[[Page 58554]]

                    (d) There is established a Federal Interagency 
                Working Group, which shall be convened by the Executive 
                Director and shall support the efforts of the 
                Initiative. The Interagency Working Group shall 
                collaborate regarding resources and opportunities 
                available across the Federal Government to increase 
                educational and economic opportunities for Black 
                Americans.

(i) The Interagency Working Group shall consist of senior officials 
(designated by the heads of their respective departments, agencies, and 
offices) from the following:

  (A) the Department of State;

  (B) the Department of the Treasury;

  (C) the Department of Defense;

  (D) the Department of Justice;

  (E) the Department of the Interior;

  (F) the Department of Agriculture;

  (G) the Department of Commerce;

  (H) the Department of Labor;

  (I) the Department of Health and Human Services;

  (J) the Department of Housing and Urban Development;

  (K) the Department of Transportation;

  (L) the Department of Energy;

  (M) the Department of Education;

  (N) the Department of Veterans Affairs;

  (O) the Department of Homeland Security;

  (P) the White House Office of Management and Budget;

  (Q) the White House Office of Science and Technology Policy;

  (R) the Small Business Administration;

  (S) the White House Domestic Policy Council;

  (T) the White House Gender Policy Council;

  (U) the White House Office of Public Engagement;

  (V) the National Science Foundation;

  (W) the National Aeronautics and Space Administration;

  (X) the United States Agency for International Development; and

  (Y) such additional executive departments, agencies, and offices as the 
Secretary may designate.

(ii) The Executive Director may establish subgroups of the Interagency 
Working Group to focus on different aspects of the educational system (such 
as PBIs and HBCUs, early childhood education, kindergarten through 12th 
grade education, children and adults with disabilities, teacher diversity, 
higher education, career and technical education, adult education, or 
correctional education and reengagement), economic opportunity (work-based 
learning, entrepreneurship, financial education, or mentorship), or 
educational challenges facing particular populations.

                    (e) Each agency designated to participate in the 
                Interagency Working Group shall prepare a plan (Agency 
                Plan) outlining measurable actions the agency will take 
                to advance educational equity and economic opportunity 
                for Black communities, including their plans to 
                implement the policy goals and directives outlined in 
                section 2(b) of this order and other relevant work. 
                These plans shall be submitted to the Chair of the 
                Initiative on a date established by the Chair.

(i) As appropriate, each Agency Plan shall include:

[[Page 58555]]

  (A) a description of the applicable agency's efforts to ensure that 
Federal programs and initiatives administered by the Department and other 
agencies are meeting the educational needs of Black Americans, including 
efforts to incorporate best practices into appropriate discretionary 
programs where the agency sees fit and as permitted by law;

  (B) a description of how the applicable agency has and will decrease 
barriers to participation of Black Americans in Federal employment and 
student engagement opportunities;

  (C) a description of how the applicable agency can address challenges 
facing Black students and higher education institutions that serve Black 
students, such as PBIs and HBCUs, brought on by or exacerbated by the 
COVID-19 pandemic;

  (D) a description of how the agency's Office of Civil Rights, if 
applicable, can address discriminatory policies and practices that limit 
educational and economic opportunity for Black Americans;

  (E) any other information the applicable agency determines is relevant to 
promoting educational opportunities for Black Americans; and

  (F) information addressing any additional criteria established by the 
Chair or the Initiative.

(ii) Each agency shall assess and report to the Chair on their progress in 
implementing the Agency Plan on a regular basis as established by the 
Chair.

(iii) The Initiative shall monitor and evaluate each agency's progress 
towards the goals established in its Agency Plan and shall coordinate with 
the agency to ensure that its Plan includes measurable and action-oriented 
goals.

                    (f) The Department shall provide funding and 
                administrative support for the Initiative and the 
                Interagency Working Group, to the extent permitted by 
                law and within existing appropriations. To the extent 
                permitted by law, including the Economy Act (31 U.S.C. 
                1535), other agencies and offices represented on the 
                Interagency Working Group may detail personnel to the 
                Initiative, to assist the Department in meeting the 
                objectives of this order.
                    (g) To advance shared priorities and policies that 
                advance equity and economic opportunity for underserved 
                communities, the Initiative shall collaborate and 
                coordinate with other White House Initiatives related 
                to equity and opportunity.
                    (h) On an annual basis, the Chair shall report to 
                the President on the Initiative's progress in carrying 
                out its mission and function under this order.

                Sec. 3. Presidential Advisory Commission. (a) There is 
                established in the Department a Presidential Advisory 
                Commission on Advancing Educational Equity, Excellence, 
                and Economic Opportunity for Black Americans 
                (Commission).

                    (b) The Commission shall provide advice to the 
                President through the Secretary on matters pertaining 
                to educational equity and economic opportunity for the 
                Black community, including:

(i) what is needed for the development, implementation, and coordination of 
educational programs and initiatives at the Department and other agencies 
to improve educational opportunities and outcomes for Black Americans;

(ii) how to promote career pathways for in-demand jobs for Black students, 
including registered apprenticeships, internships, fellowships, 
mentorships, and work-based learning initiatives;

(iii) how to increase public awareness of and generate solutions for the 
educational and training challenges and equity disparities that Black 
Americans face and the causes of these challenges; and

[[Page 58556]]

(iv) approaches to establish local and national partnerships with public, 
private, philanthropic, and nonprofit stakeholders to advance the mission 
and objectives of this order, consistent with applicable law.

                    (c) The Commission shall periodically report to the 
                President, through the Secretary and after consulting 
                with the Executive Director, on progress in addressing 
                the mission of the Commission.
                    (d) The Commission shall consist of not more than 
                21 members appointed by the President. The Commission 
                may include individuals with relevant experience or 
                subject matter expertise, as well as individuals who 
                may serve as representatives from a variety of sectors, 
                including education (early childhood education, 
                elementary and secondary education, higher education, 
                career and technical education, and adult education), 
                labor organizations, research institutions, public and 
                private philanthropic organizations, private sector, 
                nonprofit, and community-based organizations at the 
                national, State, Tribal, regional, or local levels. 
                Commission members should be able to provide specific 
                insight into the lived experiences of those served by 
                the Initiative, including young adults, and have 
                diversity across the Black diaspora and the geography 
                of the country.

(i) The President shall designate one member of the Commission to serve as 
its Chair. The Chair, in consultation with the Executive Director, shall 
convene regular meetings of the Commission, determine the Commission 
meeting agenda, and support the work of the Commission, consistent with 
this order.

(ii) The Commission shall meet on a regular basis, and at least twice a 
year.

                    (e) The Department shall provide funding and 
                administrative support for the Commission, to the 
                extent permitted by law and within existing 
                appropriations. Members of the Commission shall serve 
                without compensation but shall be allowed travel 
                expenses, including per diem in lieu of subsistence, as 
                authorized by law for persons serving intermittently in 
                the Government service (5 U.S.C. 5701-5707). Insofar as 
                the Federal Advisory Committee Act, as amended (5 
                U.S.C. App.), may apply to the administration of the 
                Commission, any functions of the President under that 
                Act, except that of reporting to the Congress, shall be 
                performed by the Secretary, in accordance with 
                guidelines issued by the Administrator of General 
                Services.
                    (f) The Commission shall terminate 2 years from the 
                date of this order, unless extended by the President.

                Sec. 4. Administrative Provisions. (a) This order 
                supersedes Executive Order 13621 of July 26, 2012 
                (White House Initiative on Educational Excellence for 
                African Americans), which is hereby revoked. To the 
                extent that there are other Executive Orders that may 
                conflict with or overlap with the provisions in this 
                order, the provisions in this order supersede those 
                other Executive Orders on these subjects.

                    (b) The heads of agencies shall assist and provide 
                information to the Initiative and the Commission 
                established in this order, consistent with applicable 
                law, as may be necessary to carry out the functions of 
                the Initiative and the Commission.
                    (c) Each agency shall bear its own expenses of 
                participating in the Initiative established in this 
                order.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 58557]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 19, 2021.

[FR Doc. 2021-23224
Filed 10-21-21; 8:45 am]
Billing code 3395-F2-P