20 U.S.C. § 7907 | Prohibitions on Federal Government and use of Federal funds

(a)

General prohibition

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.

(b)

Prohibition on endorsement of curriculum

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.

(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 content, curriculum, and related activities;

(2)

20 U.S.C. 1221 limit the application of the General Education Provisions Act ( 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

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.

(2)

Rule of construction

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.

(3)

Building standards

Nothing in this chapter shall be construed to mandate national school building standards for a State, local educational agency, or school.

Pub. L. 89–10, title VIII, § 8527 Pub. L. 107–110, title IX, § 901Jan. 8, 2002115 Stat. 1983 Pub. L. 114–95, title VIIIDec. 10, 2015129 Stat. 2088(, formerly title IX, § 9527, as added , , ; renumbered title VIII, § 8527, and amended , §§ 8001(a)(6), 8024, , , 2089, 2113.)

Editorial Notes

References in Text

Pub. L. 90–247Jan. 2, 196881 Stat. 814 section 1221 of this titleThe General Education Provisions Act, referred to in subsec. (c)(2), is title IV of , , , which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

Prior Provisions

Pub. L. 89–10, title IX, § 9207 Pub. L. 103–382, title I, § 101Oct. 20, 1994108 Stat. 3801 Pub. L. 107–110A prior section 7907, , as added , , , related to Native Hawaiian gifted and talented program, prior to the general amendment of former subchapter IX of this chapter by .

Amendments

Pub. L. 114–95, § 80242015—, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to prohibitions on Federal Government and use of Federal funds.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .