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20 U.S.C. § 1232f — Prohibition against Federal control of education
Federal law — U.S. Code and appendices · legal_authorities
No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance.
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Stable record: federal_law:legal_authorities:record_usc_4e151329a1551a875ae5d992
Source file: Laws/federal/codes/united-states-code/title-20/section-1232f-prohibition-against-federal-control-of-education--7a98fc3245.md
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Source location: Title 20, Chapter 31, § 1232f; chapter-031-general-provisions-concerning-education.md
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No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance.
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Federal law — U.S. Code and appendices · legal_authorities
All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights of local governments and educational institutions** It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States.
**(b) Curriculum, administration, and personnel; library resources** No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.
**(c) Funding under pre-existing programs** The Secretary shall not, during the period within eight months after May 4, 1980, take any action to withhold, suspend, or terminate funds under any program transferred by this chapter by reason of the failure of any State to comply with any applicable law requiring the administration of such a program through a single organizational unit.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3403
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.], title IX of the Education Amendments of 1972 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), or the Age Discrimination Act of 1975 [[42 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.].
**(b)** The Secretary may use any funds withheld under subsection (a)—
(1) to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or
(2) for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [[42 U.S.C. 2000c–4](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000c–4&num=0&edition=prelim)], or for any other program administ
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this chapter (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this chapter be construed to authorize such officer or employee to do so.
**(b) Financial support** No officer or employee of the Federal Government shall condition or incentivize the receipt of any grant, contract, or cooperative agreement, the receipt of any priority or preference under such grant, contract, or cooperative agreement, or the receipt of a waiver under [section 7861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7861&num=0&edition=prelim) upon a State, local educational agency, or school’s adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this chapter (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7906a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Regulation” defined** For the purpose of this section, the term “regulation” means any generally applicable rule, regulation, guideline, interpretation, or other requirement that—
(1) is prescribed by the Secretary or the Department; and
(2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program.
**(b) Citation of authority** Regulations shall contain, immediately following each substantive provision of such regulations, citations to the particular section or sections of statutory law or other legal authority on which such provision is based.
**(c) Uniform application** All regulations shall be uniformly applied and enforced throughout the 50 States.
**(d) Application of exemption** The exemption for public property, loans, grants and benefits in [section 553(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/a/2&num=0&edition=prelim) shall apply only to regulations—
(1) that govern the first grant competition under a new or substantially revised program authority as determined by the Secretary; or
(2) where the Secretary determines that the requirements of this subsection will cause extreme hardship to the intended beneficiaries of the program affected by such regulations.
**(e) Schedule for promulgation of final regulations** Not later than 60 days after the date of enactment of any Act, or any portion of any Act, affecting the administration of any applicable program, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a schedule in accordance with which the Secretary plans to promulgate final regulations that the Secretary deter
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of general application; approval by State supervisory authority** In the case of any State which applies, contracts, or submits a plan for participation in any applicable program in which Federal funds are made available for assistance to local educational agencies through, or under the supervision of, the State educational agency of that State, such State shall submit (subject to the provisions of part D of title IV of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7231&num=0&edition=prelim) et seq.]) to the Secretary a general application containing the assurances set forth in subsection (b). Such application may be submitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for supervision of the activities conducted under each program covered by the application.
**(b) Assurances** An application submitted under subsection (a) shall set forth assurances, satisfactory to the Secretary—
(1) that each program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
(2) that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to such entities, and that the public agency or nonprofit private agency, institution, or organization will administer such fu
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General application to State agency or board** Each local educational agency which participates in an applicable program under which Federal funds are made available to such agency through a State agency or board shall submit to such agency or board a general application containing the assurances set forth in subsection (b). That application shall cover the participation by that local educational agency in all such programs.
**(b) Assurances** The general application submitted by a local educational agency under subsection (a) shall set forth assurances—
(1) that the local educational agency will administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications;
(2) that the control of funds provided to the local educational agency under each program, and title to property acquired with those funds, will be in a public agency and that a public agency will administer those funds and property;
(3) that the local educational agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to that agency under each program;
(4) that the local educational agency will make reports to the State agency or board and to the Secretary as may reasonably be necessary to enable the State agency or board and the Secretary to perform their duties and that the local educational agency will maintain such records, including the records required under [section 1232f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232f&num=0&edition=prelim), and provide access to those records, as the State agency or board or the Secretary deem necessary to perform their duties;
(5) that the local educat
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232j
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Federal law — U.S. Code and appendices · legal_authorities
Page 906
TITLE 20—EDUCATION
§ 1232f
Editorial Notes
PRIOR PROVISIONS
A prior section 1232e, Pub. L. 90–247, title IV, § 436,
formerly § 426, as added Pub. L. 91–230, title IV,
§ 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436,
Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat.
326, related to authority of Commissioner to vest title
in equipment, prior to repeal by section 1231(a)(3) of
Pub. L. 95–561.
A prior section 442 of Pub. L. 90–247 was classified to
section 1233a of this title prior to repeal by Pub. L.
103–382.
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub-
stituted ‘‘that local educational agency’’ for ‘‘that
local education agency’’.
Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted
comma after ‘‘program’’.
Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub-
stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap-
pearing.
Pub. L. 103–382, § 212(b)(3)(B), made technical amend-
ment to reference to section 1232f of this title to reflect
renumbering of corresponding section of original act.
Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub-
stituted ‘‘individuals with disabilities’’ for ‘‘handi-
capped individuals’’.
1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–511 effective Oct. 19, 1984,
see section 711(a) of Pub. L. 98–511, set out as a note
under section 1226c of this title.
EFFECTIVE DATE
Section effective with respect to appropriations for
fiscal year 1980 and subsequent fiscal years, see section
1261 of Pub. L. 95–561, set out as a note under section
1232c of this title.
PART 4—RECORDS; PRIVACY; LIMITATION ON
WITHHOLDING FEDERAL FUNDS
§ 1232f. Records
(a) Records
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232f
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