20 U.S.C. § 7901 — Maintenance of effort

Page 1640 TITLE 20—EDUCATION § 7885 1 So in original. Probably should be ‘‘of’’. 2 So in original. Probably should be capitalized. (B) Judgment The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certifi- cation as provided in section 1254 of title 28. (b) Determination Any determination by the Secretary under this section shall continue in effect until the Secretary determines, in consultation with that agency, consortium, or entity and representa- tives of the affected private school children, teachers, or other educational personnel, that there will no longer be any failure or inability on the part of the agency, consortium, or entity to meet the applicable requirements of section 7881 of this title or any other provision of this chapter. (c) Payment from State allotment When the Secretary arranges for services pur- suant to this section, the Secretary shall, after consultation with the appropriate public and private school officials, pay the cost of those services, including the administrative costs of arranging for those services, from the appro- priate allocation or allocations under this chap- ter. (d) Prior determination Any by-pass determination by the Secretary under this chapter as in effect on the day pre- ceding January 8, 2002, shall remain in effect to the extent the Secretary determines that that determination is consistent with the purpose of this section. (Pub. L. 89–10, title VIII, § 8504, formerly title IX, § 9504, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1978; renumbered title VIII, § 8504, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(5), (b)(4), 8018, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(1)(A). Pub. L. 114–95, § 8018, made technical amendment to reference in original act which appears in text as reference to section 7882 of this title. Subsec. (b). Pub. L. 114–95, § 8001(b)(4), made technical amendment to reference in original act which appears in text as reference to section 7881 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7885. Prohibition against funds for religious worship or instruction Nothing contained in this chapter shall be construed to authorize the making of any pay- ment under this chapter for religious worship or instruction. (Pub. L. 89–10, title VIII, § 8505, formerly title IX, § 9505, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1979; renumbered title VIII, § 8505, Pub. L. 114–95, title VIII, § 8001(a)(5), Dec. 10, 2015, 129 Stat. 2088, 2089.) § 7886. Private, religious, and home schools (a) Applicability to nonrecipient private schools Nothing in this chapter shall be construed to affect any private school that does not receive funds or services under this chapter, nor shall any student who attends a private school that does not receive funds or services under this chapter be required to participate in any assess- ment referenced in this chapter. (b) Applicability to home schools Nothing in this chapter shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to participate in any assessment referenced in this chapter. (c) Rule of construction on prohibition of Fed- eral control over nonpublic schools Nothing in this chapter shall be construed to permit, allow, encourage, or authorize any Fed- eral control over any aspect of any private, reli- gious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or serv- ices under this chapter. (d) Rule of construction on State and local edu- cational agency mandates Nothing in this chapter shall be construed to require any State educational agency or local educational agency that receives funds under this chapter to mandate, direct, or control the curriculum of a private or home school, regard- less or 1 whether or not a home school is treated as a private school under state 2 law, nor shall any funds under this chapter be used for this purpose. (Pub. L. 89–10, title VIII, § 8506, formerly title IX, § 9506, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1979; renumbered title VIII, § 8506, Pub. L. 114–95, title VIII, § 8001(a)(5), Dec. 10, 2015, 129 Stat. 2088, 2089.) SUBPART 2—OTHER PROVISIONS § 7901. Maintenance of effort (a) In general A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the ag- gregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the com- bined fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of subsection (b). (b) Reduction in case of failure to meet (1) In general The State educational agency shall reduce the amount of the allocation of funds under a Page 1641 TITLE 20—EDUCATION § 7904 covered program in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of sub- section (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency), if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years. (2) Special rule No such lesser amount shall be used for com- puting the effort required under subsection (a) of this section for subsequent years. (c) Waiver The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (1) exceptional or uncontrollable cir- cumstances, such as a natural disaster or a change in the organizational structure of the local educational agency; or (2) a precipitous decline in the financial re- sources of the local educational agency. (Pub. L. 89–10, title VIII, § 8521, formerly title IX, § 9521, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8521, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8019, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.) Editorial Notes PRIOR PROVISIONS A prior section 7901, Pub. L. 89–10, title IX, § 9201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3794, set forth short title of the Native Hawaiian Edu- cation Act, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 8019(1), inserted ‘‘, subject to the requirements of subsection (b)’’ after ‘‘for the second preceding fiscal year’’. Subsec. (b)(1). Pub. L. 114–95, § 8019(2), inserted before period at end ‘‘, if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years’’. Subsec. (c)(1). Pub. L. 114–95, § 8019(3), inserted ‘‘or a change in the organizational structure of the local edu- cational agency’’ after ‘‘such as a natural disaster’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7902. Prohibition regarding State aid A State shall not take into consideration pay- ments under this chapter (other than under sub- chapter VII) in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with re- spect to free public education of children. (Pub. L. 89–10, title VIII, § 8522, formerly title IX, § 9522, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8522, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8020, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.) Editorial Notes PRIOR PROVISIONS A prior section 7902, Pub. L. 89–10, title IX, § 9202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3794, set forth findings, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, § 8020, substituted ‘‘subchapter VII’’ for ‘‘subchapter VIII’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7903. Privacy of assessment results Any results from an individual assessment re- ferred to in this chapter of a student that be- come part of the education records of the stu- dent shall have the protections provided in sec- tion 1232g of this title. (Pub. L. 89–10, title VIII, § 8523, formerly title IX, § 9523, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8523, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.) Editorial Notes PRIOR PROVISIONS A prior section 7903, Pub. L. 89–10, title IX, § 9203, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3798, set forth purpose of provisions relating to Native Hawaiian educational programs, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. § 7904. School prayer (a) Guidance The Secretary shall provide and revise guid- ance, not later than September 1, 2002, and of every second year thereafter, to State edu- cational agencies, local educational agencies, and the public on constitutionally protected prayer in public elementary schools and sec- ondary schools, including making the guidance available by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner. The guidance shall be reviewed, prior to dis- tribution, 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 chapter, a local educational agency shall certify