Browse Arkansas Code titles and sections

20 U.S.C. § 1234c — Prohibition on federally sponsored testing

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234c — Prohibition on federally sponsored testing

**(a) General prohibition** Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided to the Department of Education or to an applicable program, may be used to pilot test, field test, implement, administer or distribute in any way any federally sponsored national test in reading, mathematics, or any other subject that is not specifically and explicitly provided for in authorizing legislation enacted into law. **(b) Exceptions** Subsection (a) shall not apply to the Third International Mathematics and Science Study or other international comparative assessments developed under the authority of [section 9543(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9543/a/6&num=0&edition=prelim) and administered to only a representative sample of pupils in the United States and in foreign nations.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234c

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: a1c108f5e0df748814dbf8f931e602a9c242b21953b6d8dff5f932b3a089e728. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_c82940d7f6447394dd2e2527
Source file: Laws/federal/codes/united-states-code/title-20/section-1234c-prohibition-on-federally-sponsored-testing--1f48c702e3.md
Pages: Not recorded – Not recorded
Passage SHA-256: b7da355a458cf5a763b96fc08f161bafe43a0debb232a9fc9b18ee0db181f80a

Source location: Title 20, Chapter 31, § 1234c; chapter-031-general-provisions-concerning-education.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234h — Withholding

**(a) Discretionary authority over further payments under applicable program** In accordance with [section 1234c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234c&num=0&edition=prelim), the Secretary may withhold from a recipient, in whole or in part, further payments (including payments for administrative costs) under an applicable program. **(b) Notice requirements** Before withholding payments, the Secretary shall notify the recipient, in writing, of— (1) the intent to withhold payments; (2) the factual and legal basis for the Secretary’s belief that the recipient has failed to comply substantially with a requirement of law; and (3) an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient. **(c) Hearing** The hearing shall be held before the Office and shall be conducted in accordance with the rules prescribed pursuant to subsections (f) and (g) of [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234&num=0&edition=prelim). **(d) Suspension of payments, authorities, etc.** Pending the outcome of any hearing under this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate Federal funds, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate Federal funds should not be suspended. **(e) Findings of fact** Upon review of a decision of the Office by the Secretary, the findings of fact by the Office, if supported by substantial evidence, shall be conclusive. However, the Secretary, for good cause shown, may remand the case to the Office to take further evidence,

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234h

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234i — Cease and desist orders

**(a) Issuance and contents of complaint** In accordance with [section 1234c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234c&num=0&edition=prelim), the Secretary may issue to a recipient under an applicable program a complaint which— (1) describes the factual and legal basis for the Secretary’s belief that the recipient is failing to comply substantially with a requirement of law; and (2) contains a notice of a hearing to be held before the Office on a date at least 30 days after the service of the complaint. **(b) Appearance contesting order** The recipient upon which a complaint has been served shall have the right to appear before the Office on the date specified and to show cause why an order should not be entered by the Office requiring the recipient to cease and desist from the violation of law charged in the complaint. **(c) Report; issuance of cease and desist order** The testimony in any hearing held under this section shall be reduced to writing and filed with the Office. If upon that hearing the Office is of the opinion that the recipient is in violation of any requirement of law as charged in the complaint, the Office shall— (1) make a report in writing stating its findings of fact; and (2) issue to the recipient an order requiring the recipient to cease and desist from the practice, policy, or procedure which resulted in the violation. **(d) Report and order as final agency action** The report and order of the Office under this section shall become the final agency action when the recipient receives the report and order. **(e) Enforcement of final order** The Secretary may enforce a final order of the Office under this section which becomes final agency action by— (1) withholding from the recipient a

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234i

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1235 to 1235g — Compliance agreements

**(a) Discretionary authority; purposes of agreement** In accordance with [section 1234c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234c&num=0&edition=prelim), the Secretary may enter into a compliance agreement with a recipient under an applicable program. The purpose of any compliance agreement under this section shall be to bring the recipient into full compliance with the applicable requirements of law as soon as feasible and not to excuse or remedy past violations of such requirements. **(b) Procedures applicable** (1) Before entering into a compliance agreement with a recipient, the Secretary shall hold a hearing at which the recipient, affected students and parents or their representatives, and other interested parties are invited to participate. The recipient shall have the burden of persuading the Secretary that full compliance with the applicable requirements of law is not feasible until a future date. (2) If the Secretary determines, on the basis of all the evidence presented, that full compliance is genuinely not feasible until a future date, the Secretary shall make written findings to that effect and shall publish those findings, along with the substance of any compliance agreement, in the Federal Register. **(c) Contents** A compliance agreement under this section shall contain— (1) an expiration date not later than 3 years from the date of the written findings under subsection (b)(2), by which the recipient shall be in full compliance with the applicable requirements of law, and (2) those terms and conditions with which the recipient must comply until it is in full compliance. **(d) Failure of recipient to comply with terms and conditions** If a recipient fails to comply with the terms and condition

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1235 to 1235g

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234c — Remedies for existing violations

Page 921 TITLE 20—EDUCATION § 1234d (A) actually and reasonably relied upon erro- neous written guidance provided by the De- partment; (B) made an expenditure or engaged in a practice after— (i) the State or local educational agency submitted to the Secretary, in good faith, a written request for guidance with respect to the expenditure or practice at issue, and (ii) a Department official did not respond within 90 days of receipt by the Department of such request; or (C) actually and reasonably relied upon a ju- dicial decree issued to the recipient. (3) A written request for guidance as described in paragraph (2) sent by certified mail (return receipt requested) shall be conclusive proof of receipt by the Department. (4) If the Secretary responds to a written re- quest for guidance described in paragraph (2)(B) more than 90 days after its receipt, the State or local educational agency that submitted the re- quest shall comply with the guidance received at the earliest practicable time. (5) In order to demonstrate the existence of the mitigating circumstances described in para- graph (2)(B), the State or local educational agency shall demonstrate that— (A) the written request for guidance accu- rately described the proposed expenditure or practice and included the facts necessary for a determination of its legality; and (B) the written request for guidance con- tained a certification by the chief legal officer of the State educational agency that such offi- cer had examined the proposed expenditure or practice and believed the proposed expenditure or practice was permissible under then appli- cable State and Federal law; and (C) the State or local educational agency reasonably believed that the proposed expendi- ture or practice was permissibl

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1234c

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.