20 U.S.C. § 3403 — Relationship with States

submitted 47 years ago by Pub. L. 96-88 to r/title-20-EDUCATION · 261 words · no verdicts yet

in plain englishAI-generated · not legal advice

Creating the Department of Education must protect and strengthen State, local, and educational-institution control over education. Department programs generally may not control curriculum, administration, personnel, or instructional materials, and certain transferred funds may not be withheld during the stated eight-month period.

(a) Congress intends the Department to protect State and local governments and public and private educational institutions in educational policy and program administration, and strengthen their control over their own programs and policies. Creating the Department does not increase Federal authority over education or reduce education responsibility reserved to States and local systems and instrumentalities. (b) Unless authorized by law, no program administered by the Secretary or another Department officer may be read to authorize control or direction over an institution’s or school system’s curriculum, instruction, administration, personnel, accrediting agency or association, or library resources, textbooks, or other instructional materials. (c) During the eight months after May 4, 1980, the Secretary may not withhold, suspend, or terminate funds under a program transferred by this chapter because a State failed to administer it through a single organizational unit as required by applicable law.

the actual law source: uscode.house.gov ↗public domain

(a) Rights of local governments and educational institutions

It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States.

(b) Curriculum, administration, and personnel; library resources

No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.

The Secretary shall not, during the period within eight months after May 4, 1980, take any action to withhold, suspend, or terminate funds under any program transferred by this chapter by reason of the failure of any State to comply with any applicable law requiring the administration of such a program through a single organizational unit.

Source credit: (Pub. L. 96–88, title I, § 103, Oct. 17, 1979, 93 Stat. 670.)

history & why it existsrecord from the source credit

1979Enacted · Pub. L. 96-88 · 93 Stat. 670

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-88 on 1979-10-17.

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