This article is for informational and educational use only. It does not provide legal, financial, or tax advice and does not form an attorney-client relationship. Legal requirements can differ by jurisdiction and may change without notice. A qualified professional can address specific facts and current rules.
Key Facts
- Federal level: September 17 is designated as Constitution Day and Citizenship Day under 36 U.S.C. § 106.
- Federal level: Covered educational institutions that receive Federal funds must hold an educational program on the U.S. Constitution for students on September 17 each year.
- National overview: The President may issue an annual proclamation inviting observances, and state and local authorities are urged to make plans for those observances.
- Federal level: The Department of Education describes holding the required educational program on September 17, with a weekend adjustment to the previous or next week.
- Federal level: The Department’s 2005 implementation materials describe “educational institutions” to include local educational agencies and institutions of higher education receiving Federal funding from the Department.
- Federal level: The Department’s implementation notice states that Section 111 applies to educational institutions receiving Federal funding, while the Department’s enforcement authority extends only to schools receiving Federal funding from the Department.
- Federal level: U.S. Courts materials describe federal courts participating through educational resources and experiences in their communities.
- Federal level: The National Archives describes a separate obligation for Federal agencies to provide educational materials to employees tied to the FY 2005 Consolidated Appropriations Act.
Last reviewed: May 2026. Legal rules, forms, deadlines, and procedures can change by jurisdiction, agency, and court system.
- What the holiday commemorates under federal law
- The federal legal framework in plain language
- How the statute draws federal, presidential, and state or local lines
- Which schools and institutions fall under the federal obligation
- How 36 U.S.C. § 106 phrases the school requirement
- How the U.S. Department of Education implements the requirement
- How the Department frames the required educational program
- When September 17 lands on a weekend or holiday
- What federal courts and federal agencies do for observances
- Common confusion “every school” and curriculum control
- “All schools” versus the Federal funds limitation
- Curriculum control versus examples and public resources
- Background on the 2004 naming change and how the program evolved
- Sources
Constitution Day and Citizenship Day are often described as something leaders “make every day,” but the legal core ties the federal school-related obligation to a specific annual observance date and a specific Federal-funding condition. Federal law in 36 U.S.C. § 106 centers September 17, and official federal agencies explain how observance support connects to the statute. This article explains the statute’s requirements and how the U.S. Department of Education implements the school obligation for covered institutions.
What the holiday commemorates under federal law
Federal law designates September 17 as Constitution Day and Citizenship Day under 36 U.S.C. § 106. The statute states that the commemorative purpose focuses on the formation and signing of the U.S. Constitution on September 17, 1787.
The federal legal framework in plain language
36 U.S.C. § 106 does three things that matter for schools and public observances. It sets the designated date and commemorative purpose. It authorizes the President to issue an annual proclamation inviting observances. It also includes a school-related requirement tied to whether an educational institution receives Federal funds.
How the statute draws federal, presidential, and state or local lines
Federal law uses different verbs for different actors, and the difference helps prevent common mix-ups about what counts as a mandate versus an invitation or encouragement.
| Authority | What the statute says | Practical takeaway |
|---|---|---|
| President | May issue a yearly proclamation inviting observances with appropriate ceremonies and requesting flag display at federal buildings | A presidential proclamation is encouragement and public observance support, not a school-by-school funding condition |
| States and localities | Civil and educational authorities are “urged” to make plans for proper observances | State and local governments get invitation and encouragement language rather than a nationwide mandate in the federal statute |
| Covered schools and institutions | Each educational institution that receives Federal funds for a fiscal year must hold an educational program on the U.S. Constitution on September 17 for its students | This is the core federal obligation tied to Federal funding status |
The statute places this “urged” language alongside the President’s proclamation authority, which helps explain why public descriptions sometimes blur planning encouragement with the narrower Federal-funds-linked school obligation.
Which schools and institutions fall under the federal obligation
The federal obligation focuses on educational institutions that receive Federal funds for a fiscal year. The statutory text uses the phrase “each educational institution that receives Federal funds for a fiscal year,” and it requires that institution to hold an educational program on the U.S. Constitution on September 17 for the students served by that educational institution.
How 36 U.S.C. § 106 phrases the school requirement
The controlling obligation appears as a statutory note in 36 U.S.C. § 106, which 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 for the students served by the educational institution.
How the U.S. Department of Education implements the requirement
Because the requirement operates within Federal funding relationships, the U.S. Department of Education issued implementation materials explaining how the statute applies. A Federal Register notice of implementation of Constitution Day and Citizenship Day on September 17 of each year explains how the Department implements the statutory requirement for covered educational institutions receiving Federal funding from the Department.
The Department’s Knowledge Center provides implementation details, including how it interprets the phrase “educational institutions” for the Department’s implementation purposes, such as inclusion of local educational agencies and institutions of higher education that receive Federal funding from the Department.
How the Department frames the required educational program
In public-facing guidance, the Department describes the requirement as holding an educational program about the U.S. Constitution for students on September 17, with an adjustment when September 17 falls on a weekend. The Department also describes its guidance as not directing or controlling particular curricula or lesson plans; it publishes example materials and planning support in connection with the statutory obligation.
When September 17 lands on a weekend or holiday
Calendar timing is a common source of confusion because September 17 does not always fall on a weekday. The Department explains that if September 17 falls on a weekend, the educational program should be held in the previous or next week, following the Department’s description of the timing adjustment. See the Department’s guidance on Constitution Day.
The Department’s implementation materials also describe a weekend/holiday adjustment in terms of holding Constitution Day during the preceding or following week when September 17 falls on a Saturday, Sunday, or holiday. See the Department of Education Knowledge Center implementation details.
What federal courts and federal agencies do for observances
Federal courts participate in Constitution Day and Citizenship Day by describing their educational outreach as offering educational resources and experiences in their communities. The description focuses on civic learning participation rather than adding a separate school obligation beyond the statute’s school-related requirement.
Federal agencies also participate through workforce-facing educational materials. The National Archives describes an obligation tied to the FY 2005 Consolidated Appropriations Act, stating that each Federal agency must provide educational materials concerning the United States Constitution to each employee on September 17 of each year and provide such materials to new employees as part of orientation.
Common confusion “every school” and curriculum control
“All schools” versus the Federal funds limitation
Public descriptions sometimes sound like every school must observe in identical ways. The controlling federal school obligation in 36 U.S.C. § 106 is tied to whether an educational institution receives Federal funds for a fiscal year.
Curriculum control versus examples and public resources
Another misunderstanding involves the idea that federal materials require specific lesson plans. The Department’s public guidance frames its role as explaining the statutory responsibility while providing example resources; it does not direct or control particular curricula or lesson plans.
This distinction matters because it separates (1) the legal requirement that a covered educational institution hold an educational program about the U.S. Constitution on the designated date from (2) the choices schools make about classroom content and teaching methods within the example-based framing in the Department’s guidance.
Civic education beyond schools sometimes gets discussed in other constitutional civic contexts. For example, TheFirstFile coverage of judicial independence connects constitutional structure to the role of courts.
Civic education beyond schools also appears in the broader idea of civic participation, and TheFirstFile coverage of jury service as a privilege frames jury service through a constitutional civic participation lens.
Background on the 2004 naming change and how the program evolved
Some history helps explain why the observance takes its modern name. GovInfo describes that it was not until 2004 that the holiday took on the full name “Constitution Day and Citizenship Day,” and it describes the 2004 law as renaming the observance and requiring public schools and institutions to provide information on the history of the country’s Constitution.
The Congress.gov CRS fact sheet also provides background describing Constitution Day and Citizenship Day as a federal commemoration observed annually on September 17 and discussing how Congress directed educational institutions receiving Federal funding to hold related educational programs.
In short, federal law sets the designated date and establishes a Federal-funds-linked educational program requirement for covered institutions, while encouraging public observance participation from state and local authorities and from other federal actors like courts and federal agencies.
Sources
- 36 U.S.C. § 106
- U.S. Department of Education guidance on Constitution Day
- Federal Register notice of implementation
- Department of Education Knowledge Center implementation details
- U.S. Courts observance resources
- National Archives Constitution Day materials
- GovInfo history of Constitution Day and Citizenship Day
- Congress CRS fact sheet on Constitution Day and Citizenship Day
