11. Department of Education · Minor
Require agencies to meet strict scrutiny in rules touching parental rights
Printed page 344 11. Department of Education
“Further ensure that any regulations that could impact parental rights contain similar protections and require federal agencies to demonstrate that their action meets strict scrutiny before a final rule is promulgated.”
What has happened
- Not started
No executive order, OMB memorandum or rule requires an agency to demonstrate strict scrutiny before promulgating a final rule that touches parental rights, and no rule in the window contains such a protection. The nearest instrument is Executive Order 14190, which recites FERPA and the PPRA as parental-rights statutes and orders an Ending Indoctrination Strategy, but imposes no standard of review on rulemaking. The Department's own parental-rights rulemakings — FERPA (RIN 1875-AA15) and the PPRA (RIN 1875-AA13) — are at the proposed-rule stage on the Unified Agenda with no such requirement attached.
Research log
What was searched, and what didn’t count as evidence
Research notes
- One negative search covered this ask and #864 and #865.
- Federal Register full text, quoted phrase “strict scrutiny”, presidential documents only, 2025-01-20 onward: 0. Quoted phrases “parental rights” + “strict scrutiny”, all types: 1 document (FR 2026-10817), which uses the words only in a footnote about Students for Fair Admissions.
- Action
- restrict
- Object
- Federal regulations affecting parental rights
- ID
- 863