20 U.S.C. § 7906a — Prohibition against Federal mandates,

Page 1643 TITLE 20—EDUCATION § 7906a ties before or after the hours during which at- tendance at the school is compulsory. (Pub. L. 89–10, title VIII, § 8525, formerly title IX, § 9525, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1981; renumbered title VIII, § 8525, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.) Editorial Notes PRIOR PROVISIONS A prior section 7905, Pub. L. 89–10, title IX, § 9205, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3800, related to Native Hawaiian Family-Based Edu- cation Centers, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. § 7906. Prohibited uses of funds No funds under this chapter may be used— (1) for construction, renovation, or repair of any school facility, except as authorized under this chapter; (2) for transportation unless otherwise au- thorized under this chapter; (3) to develop or distribute materials, or op- erate programs or courses of instruction di- rected at youth, that are designed to promote or encourage sexual activity, whether homo- sexual or heterosexual; (4) to distribute or to aid in the distribution by any organization of legally obscene mate- rials to minors on school grounds; (5) to provide sex education or HIV-preven- tion education in schools unless that instruc- tion is age appropriate and includes the health benefits of abstinence; (6) to operate a program of contraceptive distribution in schools; or (7) for the provision to any person of a dan- gerous weapon, as defined in section 930(g)(2) of title 18, or training in the use of a dan- gerous weapon, except that this paragraph shall not apply to the use of funds under this chapter for activities carried out under pro- grams authorized by this chapter that are oth- erwise permissible under such programs and that provide students with educational in- struction or educational enrichment activi- ties, such as archery, hunting, other shooting sports, or culinary arts. (Pub. L. 89–10, title VIII, § 8526, formerly title IX, § 9526, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1982; renumbered title VIII, § 8526, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8022, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112; Pub. L. 117–159, div. A, title III, § 13401, June 25, 2022, 136 Stat. 1338; Pub. L. 118–17, § 2, Oct. 6, 2023, 137 Stat. 102.) Editorial Notes PRIOR PROVISIONS A prior section 7906, Pub. L. 89–10, title IX, § 9206, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3800, authorized grants for a Native Hawaiian higher education program, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2023—Par. (7). Pub. L. 118–17 inserted before period at end ‘‘, except that this paragraph shall not apply to the use of funds under this chapter for activities carried out under programs authorized by this chapter that are otherwise permissible under such programs and that provide students with educational instruction or edu- cational enrichment activities, such as archery, hunt- ing, other shooting sports, or culinary arts’’. 2022—Par. (7). Pub. L. 117–159 added par. (7). 2015—Pub. L. 114–95, § 8022, substituted ‘‘Prohibited uses of funds’’ for ‘‘General prohibitions’’ in section catchline, in subsec. (a), struck out ‘‘(a) Prohibition’’ before introductory provisions, substituted ‘‘No funds under this chapter may be used’’ for ‘‘None of the funds authorized under this chapter shall be used’’ in intro- ductory provisions, added pars. (1) and (2) and redesig- nated former pars. (1) to (4) as (3) to (6), respectively, and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘Nothing in this section shall be construed to— ‘‘(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instruc- tional content, curriculum, and related activities; ‘‘(2) limit the application of the General Education Provisions Act; ‘‘(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or ‘‘(4) create any legally enforceable right.’’ 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. § 7906a. Prohibition against Federal mandates, direction, or control (a) In general No officer or employee of the Federal Govern- ment 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 pro- gram of instruction developed and implemented to meet the requirements of this chapter (in- cluding any requirement, direction, or mandate to adopt the Common Core State Standards de- veloped under the Common Core State Stand- ards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or cur- riculum aligned to such standards), nor shall anything in this chapter be construed to author- ize such officer or employee to do so. (b) Financial support No officer or employee of the Federal Govern- ment shall condition or incentivize the receipt of any grant, contract, or cooperative agree- ment, the receipt of any priority or preference under such grant, contract, or cooperative agreement, or the receipt of a waiver under sec- tion 7861 of this title upon a State, local edu- cational agency, or school’s adoption or imple- mentation of specific instructional content, aca- demic standards and assessments, curricula, or program of instruction developed and imple- mented to meet the requirements of this chapter (including any condition, priority, or preference Page 1644 TITLE 20—EDUCATION § 7907 to adopt the Common Core State Standards de- veloped under the Common Core State Stand- ards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or cur- riculum aligned to such standards). (Pub. L. 89–10, title VIII, § 8526A, as added Pub. L. 114–95, title VIII, § 8023, Dec. 10, 2015, 129 Stat. 2113.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7907. Prohibitions on Federal Government and use of Federal funds (a) General prohibition Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government, including through a grant, con- tract, or cooperative agreement, to mandate, di- rect, or control a State, local educational agen- cy, or school’s curriculum, program of instruc- tion, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter. (b) Prohibition on endorsement of curriculum Notwithstanding any other provision of Fed- eral law, no funds provided to the Department under this chapter may be used by the Depart- ment, whether through a grant, contract, or co- operative agreement, to endorse, approve, de- velop, require, or sanction any curriculum, in- cluding any curriculum aligned to the Common Core State Standards developed under the Com- mon Core State Standards Initiative or any other academic standards common to a signifi- cant number of States, designed to be used in an elementary school or secondary school. (c) Local control Nothing in this section shall be construed to— (1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school’s instruc- tional content, curriculum, and related activi- ties; (2) limit the application of the General Edu- cation Provisions Act (20 U.S.C. 1221 et seq.); (3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or (4) create any legally enforceable right. (d) Prohibition on requiring Federal approval or certification of standards (1) In general Notwithstanding any other provision of Fed- eral law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this chapter. (2) Rule of construction Nothing in this chapter shall be construed to prohibit a State, local educational agency, or school from using funds provided under this chapter for the development or implementa- tion of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as per- mitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds. (3) Building standards Nothing in this chapter shall be construed to mandate national school building standards for a State, local educational agency, or school. (Pub. L. 89–10, title VIII, § 8527, formerly title IX, § 9527, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII, § 8527, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8024, Dec. 10, 2015, 129 Stat. 2088, 2089, 2113.) Editorial Notes REFERENCES IN TEXT The General Education Provisions Act, referred to in subsec. (c)(2), is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables. PRIOR PROVISIONS A prior section 7907, Pub. L. 89–10, title IX, § 9207, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3801, related to Native Hawaiian gifted and talented program, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, § 8024, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to prohibitions on Federal Government and use of Federal funds. 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. § 7908. Armed Forces recruiter access to students and student recruiting information (a) Policy (1) Access to student recruiting information Notwithstanding section 1232g(a)(5)(B) of this title, each local educational agency re- ceiving assistance under this chapter shall provide, upon a request made by a military re- cruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2).