SEC. 8024.
PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS
Section Summary
ESSA
SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
Section 8527, <<NOTE: 20 USC 7907.>> as redesignated by section 8001
of this Act, is amended to read as follows:
``SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
``(a) General Prohibition.--Nothing in this Act 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 Act.
``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding any
other provision of Federal law, no funds provided to the Department
under this Act may be used by the Department,
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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) limit the application of the General Education
Provisions Act (20 U.S.C. 1221 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 Act.
``(2) Rule of construction.--Nothing in this Act shall be
construed to prohibit a State, local educational agency, or
school from using funds provided under this Act 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 Act shall be
construed to mandate national school building standards for a
State, local educational agency, or school.''
NCLB Text
``SEC. 9527. <<NOTE: 20 USC 7907.>> PROHIBITIONS ON FEDERAL GOVERNMENT
AND USE OF FEDERAL FUNDS.
``(a) General Prohibition.--Nothing in this Act shall be construed
to authorize an officer or employee of the Federal Government 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 Act.
``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding any
other prohibition of Federal law, no funds provided to the Department
under this Act may be used by the Department to endorse, approve, or
sanction any curriculum designed to be used in an elementary school or
secondary school.
``(c) 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 content
or student academic achievement standards approved or certified
by the Federal Government, in order to receive assistance under
this Act.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to affect requirements under title I or part
A of title VI.
``(d) Rule of Construction on Building Standards.--Nothing in this
Act shall be construed to mandate national school building standards for
a State, local educational agency, or school.
