- § 7901. Maintenance of effort
- § 7902. Prohibition regarding State aid
- § 7903. Privacy of assessment results
- § 7904. School prayer
- § 7905. Equal access to public school facilities
- § 7906.
- § 7906a. Prohibition against Federal mandates, direction, or control
- § 7907. Prohibitions on Federal Government and use of Federal funds
- § 7908. Armed Forces recruiter access to students and student recruiting information
- § 7909. Prohibition on federally sponsored testing
- § 7910. Limitations on national testing or certification for teachers, principals, or other school leaders
- § 7910a. Prohibition on requiring State participation
- § 7911. Prohibition on nationwide database
- § 7912. Unsafe school choice option
- § 7913. Prohibition on discrimination
- § 7914. Civil rights
- § 7915. Rulemaking
- § 7916. Severability
- § 7917. Transfer of school disciplinary records
- § 7918. Consultation with Indian tribes and tribal organizations
- § 7919. Outreach and technical assistance for rural local educational agencies
- § 7920. Consultation with the Governor
- § 7921. Local governance
- § 7922. Rule of construction regarding travel to and from school
- § 7923. Limitations on school-based health centers
- § 7924. State control over standards
- § 7925. Sense of Congress on protecting student privacy
- § 7926. Prohibition on aiding and abetting sexual abuse
- § 7927. Sense of Congress on restoration of State sovereignty over public education
- § 7928. Privacy
- § 7929. Analysis and periodic review of departmental guidance
- § 7930. Sense of Congress
- § 7931. Sense of Congress on early learning and child care
- § 7932. Technical assistance
- § 7933. Preventing improper use of taxpayer funds
- § 7934. Accountability to taxpayers through monitoring and oversight
§ 7901. Maintenance of effort
(a) In general
(b) Reduction in case of failure to meet
(1) In general
(2) Special rule
(c) Waiver
The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to—
(1) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the local educational agency; or
(2) a precipitous decline in the financial resources of the local educational agency.
(Pub. L. 89–10, title VIII, § 8521, formerly title IX, § 9521, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8521, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8019, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)
§ 7902. Prohibition regarding State aid
A State shall not take into consideration payments under this chapter (other than under subchapter VII) in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children.
(Pub. L. 89–10, title VIII, § 8522, formerly title IX, § 9522, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8522, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8020, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)
§ 7903. Privacy of assessment results
Any results from an individual assessment referred to in this chapter of a student that become part of the education records of the student shall have the protections provided in section 1232g of this title.
(Pub. L. 89–10, title VIII, § 8523, formerly title IX, § 9523, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8523, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7904. School prayer
(a) Guidance
(b) Certification
(c) Enforcement
(Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8524, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8021, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)
§ 7905. Equal access to public school facilities
(a) Short title
(b) In general
(1) Equal access
(2) Voluntary sponsorship
(c) Termination of assistance and other action
(1) Departmental action
(2) Procedure
(3) Judicial review
(d) Definition and rule
(1) Definition
(2) Rule
(Pub. L. 89–10, title VIII, § 8525, formerly title IX, § 9525, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1981; renumbered title VIII, § 8525, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7906.
No funds under this chapter may be used—
(1) for construction, renovation, or repair of any school facility, except as authorized under this chapter;
(2) for transportation unless otherwise authorized under this chapter;
(3) to develop or distribute materials, or operate programs or courses of instruction directed at youth, that are designed to promote or encourage sexual activity, whether homosexual or heterosexual;
(4) to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds;
(5) to provide sex education or HIV-prevention education in schools unless that instruction is age appropriate and includes the health benefits of abstinence;
(6) to operate a program of contraceptive distribution in schools; or
(7) for the provision to any person of a dangerous weapon, as defined in section 930(g)(2) of title 18, or training in the use of a dangerous weapon, except that this paragraph shall not apply to the use of funds under this chapter for activities carried out under programs authorized by this chapter that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts.
(Pub. L. 89–10, title VIII, § 8526, formerly title IX, § 9526, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1982; renumbered title VIII, § 8526, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8022, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112; Pub. L. 117–159, div. A, title III, § 13401, June 25, 2022, 136 Stat. 1338; Pub. L. 118–17, § 2, Oct. 6, 2023, 137 Stat. 102.)
§ 7906a. Prohibition against Federal mandates, direction, or control
(a) In general
(b) Financial support
(Pub. L. 89–10, title VIII, § 8526A, as added Pub. L. 114–95, title VIII, § 8023, Dec. 10, 2015, 129 Stat. 2113.)
§ 7907. Prohibitions on Federal Government and use of Federal funds
(a) General prohibition
(b) Prohibition on endorsement of curriculum
(c) Local control
Nothing in this section shall be construed to—
(1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school’s instructional span, curriculum, and related activities;
(2) limit the application of the General Education Provisions Act (20 U.S.C. 1221 et seq.);
(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or
(4) create any legally enforceable right.
(d) Prohibition on requiring Federal approval or certification of standards
(1) In general
(2) Rule of construction
(3) Building standards
(Pub. L. 89–10, title VIII, § 8527, formerly title IX, § 9527, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII, § 8527, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8024, Dec. 10, 2015, 129 Stat. 2088, 2089, 2113.)
§ 7908. Armed Forces recruiter access to students and student recruiting information
(a) Policy
(1) Access to student recruiting information
(2) Consent
(A) Opt-out process
(B) Notification of opt-out process
(3) Same access to students
(4) Rule of construction prohibiting opt-in processes
(5) Parental consent
(b) Notification
(c) Exception
(Pub. L. 89–10, title VIII, § 8528, formerly title IX, § 9528, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII, § 8528, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8025, Dec. 10, 2015, 129 Stat. 2088, 2089, 2114.)
§ 7909. Prohibition on federally sponsored testing
(a) General prohibition
(b) Exceptions
(Pub. L. 89–10, title VIII, § 8529, formerly title IX, § 9529, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; amended Pub. L. 107–279, title IV, § 404(d)(9), Nov. 5, 2002, 116 Stat. 1986; renumbered title VIII, § 8529, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8026, Dec. 10, 2015, 129 Stat. 2088, 2089, 2115.)
§ 7910. Limitations on national testing or certification for teachers, principals, or other school leaders
(a) Mandatory national testing or certification of teachers, principals, or other school leaders
(b) Prohibition on withholding funds
(Pub. L. 89–10, title VIII, § 8530, formerly title IX, § 9530, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII, § 8530, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8027, Dec. 10, 2015, 129 Stat. 2088, 2089, 2116.)
§ 7910a. Prohibition on requiring State participation
Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this chapter shall not be required to carry out any of the requirements of such program or programs, and nothing in this chapter shall be construed to require a State to participate in any program under this chapter.
(Pub. L. 89–10, title VIII, § 8530A, as added Pub. L. 114–95, title VIII, § 8028, Dec. 10, 2015, 129 Stat. 2116.)
§ 7911. Prohibition on nationwide database
Nothing in this chapter (other than section 6398(b) of this title) shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this chapter.
(Pub. L. 89–10, title VIII, § 8531, formerly title IX, § 9531, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII, § 8531, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7912. Unsafe school choice option
(a) Unsafe school choice policy
(b) Certification
(Pub. L. 89–10, title VIII, § 8532, formerly title IX, § 9532, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII, § 8532, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7913. Prohibition on discrimination
Nothing in this chapter shall be construed to require, authorize, or permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose upon a student, any financial or educational benefit or burden, in violation of the fifth or 14th amendments to the Constitution or other law relating to discrimination in the provision of federally funded programs or activities.
(Pub. L. 89–10, title VIII, § 8533, formerly title IX, § 9533, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII, § 8533, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7914. Civil rights
(a) In general
(b) Rule of construction
(Pub. L. 89–10, title VIII, § 8534, formerly title IX, § 9534, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII, § 8534, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8029, Dec. 10, 2015, 129 Stat. 2088, 2089, 2116.)
§ 7915. Rulemaking
The Secretary shall issue regulations under this chapter only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this chapter.
(Pub. L. 89–10, title VIII, § 8535, formerly title IX, § 9535, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII, § 8535, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7916. Severability
If any provision of this chapter is held invalid, the remainder of this chapter shall be unaffected thereby.
(Pub. L. 89–10, title VIII, § 8536, formerly title IX, § 9536, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII, § 8536, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7917. Transfer of school disciplinary records
(a) Nonapplication of provisions
(b) Disciplinary records
(Pub. L. 89–10, title VIII, § 8537, formerly title IV, § 4155, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1765; renumbered title IX, § 9537, renumbered title VIII, § 8537, Pub. L. 114–95, title IV, § 4001(a)(3), title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)
§ 7918. Consultation with Indian tribes and tribal organizations
(a) In general
(b) Documentation
(c) DefinitionsIn this section:
(1) Affected local educational agencyThe term “affected local educational agency” means a local educational agency—
(A) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or
(B) that—
(i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII 1
1 See References in Text note below.
(as such subpart was in effect on the day before December 10, 2015) that exceeded $40,000; or(ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under subpart 1 of part A of subchapter VI that exceeded $40,000.
(2) Appropriate officialsThe term “appropriate officials” means—
(A) tribal officials who are elected; or
(B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section.
(d) Rule of constructionNothing in this section shall be construed—
(1) to require the local educational agency to determine who are the appropriate officials; or
(2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials.
(e) Limitation
(Pub. L. 89–10, title VIII, § 8538, as added Pub. L. 114–95, title VIII, § 8030, Dec. 10, 2015, 129 Stat. 2116.)
§ 7919. Outreach and technical assistance for rural local educational agencies
(a) Outreach
(b) Technical assistance
(Pub. L. 89–10, title VIII, § 8539, as added Pub. L. 114–95, title VIII, § 8031, Dec. 10, 2015, 129 Stat. 2117.)
§ 7920. Consultation with the Governor
(a) In general
(b) Timing
The consultation described in subsection (a) shall include meetings of officials from the State educational agency and the Governor’s office and shall occur—
(1) during the development of such plan; and
(2) prior to submission of the plan to the Secretary.
(c) Joint signature authority
(Pub. L. 89–10, title VIII, § 8540, as added Pub. L. 114–95, title VIII, § 8032, Dec. 10, 2015, 129 Stat. 2118.)
§ 7921. Local governance
(a) Rule of construction
Nothing in this chapter shall be construed to allow the Secretary to—
(1) exercise any governance or authority over school administration, including the development and expenditure of school budgets, unless otherwise authorized under this chapter;
(2) issue any regulation without first complying with the rulemaking requirements of section 553 of title 5; or
(3) issue any nonregulatory guidance without first, to the extent feasible, considering input from stakeholders.
(b) Authority under other law
(Pub. L. 89–10, title VIII, § 8541, as added Pub. L. 114–95, title VIII, § 8033, Dec. 10, 2015, 129 Stat. 2118.)
§ 7922. Rule of construction regarding travel to and from school
(a) In general
Subject to subsection (b), nothing in this chapter shall authorize the Secretary to, or shall be construed to—
(1) prohibit a child from traveling to and from school on foot or by car, bus, or bike when the parents of the child have given permission; or
(2) expose parents to civil or criminal charges for allowing their child to responsibly and safely travel to and from school by a means the parents believe is age appropriate.
(b) No preemption of State or local laws
(Pub. L. 89–10, title VIII, § 8542, as added Pub. L. 114–95, title VIII, § 8034, Dec. 10, 2015, 129 Stat. 2118.)
§ 7923. Limitations on school-based health centers
Notwithstanding section 7802 of this title, funds used for activities under this chapter shall be carried out in accordance with the provision of section 280h–5(a)(3)(C) of title 42.
(Pub. L. 89–10, title VIII, § 8543, as added Pub. L. 114–95, title VIII, § 8035, Dec. 10, 2015, 129 Stat. 2119.)
§ 7924. State control over standards
(a) In general
(b) Prohibition
(Pub. L. 89–10, title VIII, § 8544, as added Pub. L. 114–95, title VIII, § 8036, Dec. 10, 2015, 129 Stat. 2119.)
§ 7925. Sense of Congress on protecting student privacy
(a) Findings
The Congress finds as follows:
(1) Students’ personally identifiable information is important to protect.
(2) Students’ information should not be shared with individuals other than school officials in charge of educating those students without clear notice to parents.
(3) With the use of more technology, and more research about student learning, the responsibility to protect students’ personally identifiable information is more important than ever.
(4) Regulations allowing more access to students’ personal information could allow that information to be shared or sold by individuals who do not have the best interest of the students in mind.
(5) The Secretary has the responsibility to ensure every entity that receives funding under this chapter holds any personally identifiable information in strict confidence.
(b) Sense of Congress
(Pub. L. 89–10, title VIII, § 8545, as added Pub. L. 114–95, title VIII, § 8037, Dec. 10, 2015, 129 Stat. 2119.)
§ 7926. Prohibition on aiding and abetting sexual abuse
(a) In general
(b) Exception
The requirements of subsection (a) shall not apply if the information giving rise to probable cause—
(1)
(A) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and
(B) has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and
(2)
(A) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law;
(B) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or
(C) the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.
(c) Prohibition
(d) Construction
(Pub. L. 89–10, title VIII, § 8546, as added Pub. L. 114–95, title VIII, § 8038, Dec. 10, 2015, 129 Stat. 2120.)
§ 7927. Sense of Congress on restoration of State sovereignty over public education
It is the Sense of Congress that State and local officials should be consulted and made aware of the requirements that accompany participation in activities authorized under this chapter prior to a State or local educational agency’s request to participate in such activities.
(Pub. L. 89–10, title VIII, § 8547, as added Pub. L. 114–95, title VIII, § 8039, Dec. 10, 2015, 129 Stat. 2121.)
§ 7928. Privacy
The Secretary shall require an assurance that each grantee receiving funds under this chapter understands the importance of privacy protections for students and is aware of the responsibilities of the grantee under section 1232g of this title (commonly known as the “Family Education Rights and Privacy Act of 1974”).
(Pub. L. 89–10, title VIII, § 8548, as added Pub. L. 114–95, title VIII, § 8040, Dec. 10, 2015, 129 Stat. 2121.)
§ 7929. Analysis and periodic review of departmental guidance
The Secretary shall develop procedures for the approval and periodic review of significant guidance documents that include—
(1) appropriate approval processes within the Department;
(2) appropriate identification of the agency or office issuing the documents, the activities to which and the persons to whom the documents apply, and the date of issuance;
(3) a publicly available list to identify those significant guidance documents that were issued, revised, or withdrawn within the past year; and
(4) an opportunity for the public to request that an agency modify or rescind an existing significant guidance document.
(Pub. L. 89–10, title VIII, § 8549, as added Pub. L. 114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat. 2121.)
§ 7930. Sense of Congress
(a) Findings
The Congress finds as follows:
(1) This chapter prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter.
(2) This chapter prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.
(b) Sense of Congress
(Pub. L. 89–10, title VIII, § 8549A, as added Pub. L. 114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat. 2121.)
§ 7931. Sense of Congress on early learning and child care
It is the Sense of the Congress that a State retains the right to make decisions, free from Federal intrusion, concerning its system of early learning and child care, and whether or not to use funding under this chapter to offer early childhood education programs. Such systems should continue to include robust choice for parents through a mixed delivery system of services so parents can determine the right early learning and child care option for their children. States, while protecting the rights of early learning and child care providers, retain the right to make decisions that shall include the age at which to set compulsory attendance in school, the span of a State’s early learning guidelines, and how to determine quality in programs.
(Pub. L. 89–10, title VIII, § 8549B, as added Pub. L. 114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat. 2122.)
§ 7932. Technical assistance
If requested by a State or local educational agency, a regional educational laboratory under part D of the Education Sciences Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to such State or local educational agency in meeting the requirements of section 7801(21) of this title.
(Pub. L. 89–10, title VIII, § 8549C, as added Pub. L. 114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat. 2122.)
§ 7933. Preventing improper use of taxpayer fundsTo address the misuse of taxpayer funds, the Secretary of Education shall—
(1) require that each recipient of a grant or subgrant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) display, in a public place, the hotline contact information of the Office of Inspector General of the Department of Education so that any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper use;
(2) annually notify employees of the Department of Education of their responsibility to report fraud; and
(3) require any applicant—
(A) for a grant under such Act to provide an assurance to the Secretary that any information submitted when applying for such grant and responding to monitoring and compliance reviews is truthful and accurate; and
(B) for a subgrant under such Act to provide the assurance described in subparagraph (A) to the entity awarding the subgrant.
(Pub. L. 114–95, title IX, § 9203, Dec. 10, 2015, 129 Stat. 2138.)
§ 7934. Accountability to taxpayers through monitoring and oversightTo improve monitoring and oversight of taxpayer funds authorized for appropriation under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and to deter and prohibit waste, fraud, and abuse with respect to such funds, the Secretary of Education shall—
(1) notify each recipient of a grant under such Act (and, if applicable, require the grantee to inform each subgrantee) of its responsibility to—
(A) comply with all monitoring requirements under the applicable program or programs; and
(B) monitor properly any subgrantee under the applicable program or programs;
(2) review and analyze the results of monitoring and compliance reviews—
(A) to understand trends and identify common issues; and
(B) to issue guidance to help grantees address such issues before the loss or misuse of taxpayer funding occurs;
(3) publicly report the work undertaken by the Secretary to prevent fraud, waste, and abuse with respect to such taxpayer funds; and
(4) work with the Office of Inspector General of the Department of Education, as needed, to help ensure that employees of the Department understand how to adequately monitor grantees and to help grantees adequately monitor any subgrantees.
(Pub. L. 114–95, title IX, § 9204, Dec. 10, 2015, 129 Stat. 2138.)