20 U.S.C. § 7904 — School prayer
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 295 words · no verdicts yet
The Secretary must periodically publish guidance on constitutionally protected prayer in public schools. Funded local educational agencies must annually certify that their policies do not prevent such prayer, and the Secretary must enforce the certification rule.
(a) Guidance. By September 1, 2002, and every two years afterward, the Secretary must provide and revise guidance to State and local educational agencies and the public about constitutionally protected prayer in public elementary and secondary schools. The Secretary must make it electronically available, including clearly and accessibly on the Department website. Before distribution, the Justice Department’s Office of Legal Counsel must review it to verify that it states current law.
(b) Certification. To receive chapter funds, a local educational agency must annually certify in writing to the State agency that none of its policies prevents or otherwise denies constitutionally protected prayer, as described in the guidance. The certification is due October 1 each year. By November 1, the State agency must tell the Secretary which local agencies did not certify or have complaints alleging noncompliance.
(c) Enforcement. The Secretary is authorized and directed to carry out subsection (b) by issuing rules or orders and securing compliance from an agency that fails to certify or knowingly certifies in bad faith.
The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year thereafter, to State educational agencies, local educational agencies, and the public on constitutionally protected prayer in public elementary schools and secondary schools, including making the guidance available by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner. The guidance shall be reviewed, prior to distribution, by the Office of Legal Counsel of the Department of Justice for verification that the guidance represents the current state of the law concerning constitutionally protected prayer in public elementary schools and secondary schools.
As a condition of receiving funds under this chapter, a local educational agency shall certify in writing to the State educational agency involved that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational agencies that have not filed the certification or against which complaints have been made to the State educational agency that the local educational agencies are not in compliance with this section.
The Secretary is authorized and directed to effectuate subsection (b) by issuing, and securing compliance with, rules or orders with respect to a local educational agency that fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools.
Source credit: (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.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1980
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2088, 2089, 2112
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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