20 U.S.C. § 7907 — Prohibitions on Federal Government and use of Federal funds
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 407 words · no verdicts yet
This section preserves State and local control over curriculum, instruction, and resources. It bars Federal curriculum endorsement and required Federal approval of standards, while preserving lawful local choices and stating other limits.
(a) Nothing authorizes a Federal officer or employee, including through a grant, contract, or agreement, to control a State, local educational agency, or school curriculum, instruction, or State or local resource allocation, or require a State or subdivision to spend money or incur costs not paid by this chapter.
(b) Department chapter funds may not be used, through any grant, contract, or agreement, to endorse, approve, develop, require, or sanction an elementary or secondary curriculum, including Common Core-aligned or other standards-common-to-many-States curricula.
(c) This section does not (1) authorize Federal control, review, or direction of instructional content, curriculum, or related activities; (2) limit the General Education Provisions Act; (3) require false scientific or medical materials or bar true and accurate ones; or (4) create an enforceable legal right.
(d) (1) A State need not obtain Federal approval or certification of academic standards to receive chapter assistance. (2) A State, local agency, or school may use chapter funds for content, standards, assessments, curriculum, or instruction it chooses under State and local law if consistent with the funding instrument. (3) This chapter does not mandate national school-building standards.
Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government, including through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter.
Notwithstanding any other provision of Federal law, no funds provided to the Department under this chapter may be used by the Department, whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school.
Nothing in this section shall be construed to—
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 content, curriculum, and related activities;
limit the application of the General Education Provisions Act (20 U.S.C. 1221 et seq.);
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
create any legally enforceable right.
Notwithstanding any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this chapter.
Nothing in this chapter shall be construed to prohibit a State, local educational agency, or school from using funds provided under this chapter for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds.
Nothing in this chapter shall be construed to mandate national school building standards for a State, local educational agency, or school.
Source credit: (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.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1983
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2088, 2089, 2113
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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