20 U.S.C. § 7014 — Regulations

Page 1464 TITLE 20—EDUCATION § 7014 AMENDMENTS 2015—Pub. L. 114–95, § 3004(b)(1), designated existing provisions as subsec. (a) and substituted ‘‘English learners’’ for ‘‘limited English proficient children’’ in introductory provisions. Subsec. (a)(4)(A). Pub. L. 114–95, § 3004(b)(2)(A), sub- stituted ‘‘English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners’’ for ‘‘limited English proficient children’’. Subsec. (a)(4)(B). Pub. L. 114–95, § 3004(b)(2)(B), sub- stituted ‘‘English learners’’ for ‘‘limited English pro- ficient children’’. Subsec. (b). Pub. L. 114–95, § 3004(b)(3), added subsec. (b). 2002—Par. (1). Pub. L. 107–279 substituted ‘‘Institute of Education Sciences’’ for ‘‘Office of Educational Re- search and Improvement’’. 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. § 7014. Regulations In developing regulations under this sub- chapter, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teach- ers and other personnel involved in the edu- cation of English learners. (Pub. L. 89–10, title III, § 3203, formerly § 3304, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1734; renumbered § 3203 and amended Pub. L. 114–95, title III, §§ 3001(5)(C), 3004(c), Dec. 10, 2015, 129 Stat. 1953, 1965.) Editorial Notes PRIOR PROVISIONS A prior section 3203 of Pub. L. 89–10 was classified to section 6893 of this title, prior to repeal by Pub. L. 114–95. Another prior section 3203 of Pub. L. 89–10 was classi- fied to section 6893 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, § 3004(c), substituted ‘‘rep- resenting English learners’’ for ‘‘representing limited English proficient individuals’’ and ‘‘education of English learners’’ for ‘‘education of limited English proficient children’’. 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. SUBCHAPTER IV—21ST CENTURY SCHOOLS Editorial Notes CODIFICATION Title IV of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, and amended by other public laws. Title IV is shown, herein, as having been added by Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734, without reference to earlier amendments because of the extensive revision of the title’s provi- sions by Pub. L. 107–110. See Codification note pre- ceding section 6301 of this title. PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS Editorial Notes CODIFICATION Pub. L. 114–95, title IV, § 4001(a)(5)(A), Dec. 10, 2015, 129 Stat. 1966, substituted ‘‘Student Support and Academic Enrichment Grants’’ for ‘‘Safe and Drug-Free Schools and Communities’’ in part heading. § 7101. General provisions (a) Parental consent (1) In general (A) Informed written consent A State, local educational agency, or other entity receiving funds under this subchapter shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental- health assessment or service that is funded under this subchapter and conducted in con- nection with an elementary school or sec- ondary school under this subchapter. (B) Contents Before obtaining the consent described in subparagraph (A), the entity shall provide the parent written notice describing in de- tail such mental health assessment or serv- ice, including the purpose for such assess- ment or service, the provider of such assess- ment or service, when such assessment or service will begin, and how long such assess- ment or service may last. (C) Limitation The informed written consent required under this paragraph shall not be a waiver of any rights or protections under section 1232g of this title. (2) Exception Notwithstanding paragraph (1)(A), the writ- ten, informed consent described in such para- graph shall not be required in— (A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity per- sonnel; or (B) other instances in which an entity ac- tively seeks parental consent but such con- sent cannot be reasonably obtained, as de- termined by the State or local educational agency, including in the case of— (i) a child whose parent has not re- sponded to the notice described in para- graph (1)(B); or (ii) a child who has attained 14 years of age and is an unaccompanied youth, as de- fined in section 11434a of title 42. (b) Prohibited use of funds No funds under this subchapter may be used for medical services or drug treatment or reha-