The U.S. Department of Education has issued a Dear Colleague Letter reminding educational institutions that receive federal funding of their annual obligation to observe Constitution Day and Citizenship Day on September 17.
Under federal law, educational institutions receiving federal funding during the fiscal year are required to provide an educational program about the U.S. Constitution for students on or around September 17 each year. If September 17 falls on a Saturday, Sunday, or holiday, institutions may hold the program during the preceding or following week when doing so is expected to increase student participation.
Institutions Have Flexibility
Federal law does not prescribe the specific nature or scope of the required educational program. Institutions have considerable flexibility in determining how to recognize Constitution Day and may take state and local considerations into account when developing their activities.
The Department offered several examples of activities institutions may consider, including:
- Providing voluntary opportunities for students to recite the Pledge of Allegiance
- Hosting a guest speaker such as a legal expert, historian, educator, or public official
- Organizing a panel discussion about constitutional principles or related current events
- Conducting a public reading of the Constitution
- Hosting a mock Constitutional Convention
- Offering interactive workshops, history games, or activities focused on the Bill of Rights and other constitutional concepts
- Exploring state or local history and its connection to constitutional issues
The Department also pointed institutions to educational resources available through the U.S. Department of Education, National Constitution Center, National Archives, Library of Congress, and United States Courts to assist with planning Constitution Day activities.
The guidance notes that institutions retain flexibility to tailor their programs to their individual needs and resources. It also emphasizes that any activities involving recitation of the Pledge of Allegiance must respect students’ constitutional rights, including voluntary participation.
Documenting Your Constitution Day Activities
Institutions should maintain a record of how the annual requirement was met. This could include the date of the activity, a description of the program or event, communications sent to students, links to online resources provided, attendance information when applicable, and copies of materials used.
Institutions should ensure they have an appropriate Constitution Day educational activity in place each year and consider incorporating both the activity and its documentation into their annual compliance calendar.