SEC. 8021.
SCHOOL PRAYER
Section Summary
ESSA
SEC. 8021. SCHOOL PRAYER.
Section 8524(a), <<NOTE: 20 USC 7904.>> as redesignated by section
8001 of this Act, is amended by striking ``on the Internet'' and
inserting ``by electronic means, including by posting the guidance on
the Department's website in a clear and easily accessible manner''.
NCLB Text
``SEC. 9524. <<NOTE: 20 USC 7904.>> SCHOOL PRAYER.
``(a) Guidance.--The <<NOTE: Deadline.>> Secretary shall provide
and revise guidance, not later than September 1, 2002, and of every
second year thereafter, to State educational agencies, local educational
agencies, and the public on constitutionally protected prayer in public
[[Page 115 STAT. 1981]]
elementary schools and secondary schools, including making the guidance
available on the Internet. The guidance shall be reviewed, prior to
distribution, by the Office of Legal Counsel of the Department of
Justice for verification that the guidance represents the current state
of the law concerning constitutionally protected prayer in public
elementary schools and secondary schools.
``(b) Certification.--As a condition of receiving funds under this
Act, a local educational agency shall certify in writing to the State
educational agency involved that no policy of the local educational
agency prevents, or otherwise denies participation in, constitutionally
protected prayer in public elementary schools and secondary schools, as
detailed in the guidance required under subsection (a). The
certification shall be provided by October 1 of each year. The State
educational agency shall report to the Secretary by November 1 of each
year a list of those local educational agencies that have not filed the
certification or against which complaints have been made to the State
educational agency that the local educational agencies are not in
compliance with this section.
``(c) Enforcement.--The Secretary is authorized and directed to
effectuate subsection (b) by issuing, and securing compliance with,
rules or orders with respect to a local educational agency that fails to
certify, or is found to have certified in bad faith, that no policy of
the local educational agency prevents, or otherwise denies participation
in, constitutionally protected prayer in public elementary schools and
secondary schools.
