ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; TECHNICAL ASSISTANCE
SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS;
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
``SEC. 8549. <<NOTE: 20 USC 7929.>> ANALYSIS AND PERIODIC REVIEW
OF DEPARTMENTAL GUIDANCE.
``The Secretary shall develop procedures for the approval and
periodic review of significant guidance documents that include--
``(1) appropriate approval processes within the Department;
``(2) appropriate identification of the agency or office
issuing the documents, the activities to which and the persons
to whom the documents apply, and the date of issuance;
``(3) a publicly available list to identify those
significant guidance documents that were issued, revised, or
withdrawn within the past year; and
``(4) an opportunity for the public to request that an
agency modify or rescind an existing significant guidance
``SEC. 8549A <<NOTE: 20 USC 7930.>> SENSE OF CONGRESS.
``(a) Findings.--The Congress finds as follows:
``(1) This Act prohibits the Federal Government from
mandating, directing, or controlling a State, local educational
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agency, or school's curriculum, program of instruction, or
allocation of State and local resources, and from mandating a
State or any subdivision thereof to spend any funds or incur any
costs not paid for under this Act.
``(2) This Act prohibits the Federal Government from funding
the development, pilot testing, field testing, implementation,
administration, or distribution of any federally sponsored
national test in reading, mathematics, or any other subject,
unless specifically and explicitly authorized by law.
``(b) Sense of Congress.--It is the sense of the Congress that
States and local educational agencies retain the rights and
responsibilities of determining educational curriculum, programs of
instruction, and assessments for elementary and secondary education.
``SEC. 8549B. <<NOTE: 20 USC 7931.>> SENSE OF CONGRESS ON EARLY
LEARNING AND CHILD CARE.
``It is the Sense of the Congress that a State retains the right to
make decisions, free from Federal intrusion, concerning its system of
early learning and child care, and whether or not to use funding under
this Act to offer early childhood education programs. Such systems
should continue to include robust choice for parents through a mixed
delivery system of services so parents can determine the right early
learning and child care option for their children. States, while
protecting the rights of early learning and child care providers, retain
the right to make decisions that shall include the age at which to set
compulsory attendance in school, the content of a State's early learning
guidelines, and how to determine quality in programs.
``SEC. 8549C. <<NOTE: 20 USC 7932.>> TECHNICAL ASSISTANCE.
``If requested by a State or local educational agency, a regional
educational laboratory under part D of the Education Sciences Reform Act
of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to
such State or local educational agency in meeting the requirements of
Previously not included in NCLB.