SEC. 8028.

PROHIBITION ON REQUIRING STATE PARTICIPATION

Section Summary

ESSA

SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION.

Title VIII, as redesignated and amended by section 8001 of this Act,

is further amended by inserting after section 8530 the following:

``SEC. 8530A. <<NOTE: 20 USC 7910a.>> PROHIBITION ON REQUIRING

STATE PARTICIPATION.

``Any State that opts out of receiving funds, or that has not been

awarded funds, under one or more programs under this Act shall not be

required to carry out any of the requirements of such program or

programs, and nothing in this Act shall be construed to require a State

to participate in any program under this Act.''.

NCLB Text

 ``SEC. 9530. <<NOTE: 20 USC 7910.>> LIMITATIONS ON NATIONAL TESTING OR

CERTIFICATION FOR TEACHERS.

``(a) Mandatory National Testing or Certification of Teachers.--

Notwithstanding any other provision of this Act or any other provision

of law, no funds available to the Department or otherwise available

under this Act may be used for any purpose relating to a mandatory

nationwide test or certification of teachers or education

paraprofessionals, including any planning, development, implementation,

or administration of such test or certification.