General prohibition
Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this chapter to the Secretary or to the recipient of any award may be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials 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.
Exceptions
section 9543(a)(6) of this titleSubsection (a) shall not apply to international comparative assessments developed under the authority of and administered to only a representative sample of pupils in the United States and in foreign nations.
Pub. L. 89–10, title VIII, § 8529Pub. L. 107–110, title IX, § 901115 Stat. 1984Pub. L. 107–279, title IV, § 404(d)(9)116 Stat. 1986Pub. L. 114–95, title VIII129 Stat. 2088(, formerly title IX, § 9529, as added , , ; amended , , ; renumbered title VIII, § 8529, and amended , §§ 8001(a)(6), 8026, , , 2089, 2115.)
Editorial Notes
Prior Provisions
Pub. L. 89–10, title IX, § 9209Pub. L. 103–382, title I, § 101108 Stat. 3803Pub. L. 107–110A prior section 7909, , as added , , , related to Native Hawaiian curriculum development and teacher training and recruitment programs, prior to the general amendment of former subchapter IX of this chapter by .
Amendments
Pub. L. 114–95, § 80262015—, amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to general prohibition on federally sponsored testing and exceptions, respectively.
Pub. L. 107–279section 9543(a)(5) of this titlesection 9003(a)(6) of this title2002—Subsec. (b). substituted “” for “”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .