20 U.S.C. § 2305 — Limitation

Page 1060 TITLE 20—EDUCATION § 2305 1 So in original. Probably should be ‘‘title 5 (commonly’’. (b) Prohibition on development of national data- base Nothing in this chapter shall be construed to permit the development of a national database of personally identifiable information on indi- viduals receiving services under this chapter. (Pub. L. 88–210, § 5, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690.) Editorial Notes PRIOR PROVISIONS A prior section 2304, Pub. L. 88–210, § 5, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to privacy, prior to the general amendment of this chap- ter by Pub. L. 109–270. § 2305. Limitation All of the funds made available under this chapter shall be used in accordance with the re- quirements of this chapter. (Pub. L. 88–210, § 6, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690.) Editorial Notes PRIOR PROVISIONS A prior section 2305, Pub. L. 88–210, § 6, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to limitation on use of funds, prior to the general amend- ment of this chapter by Pub. L. 109–270. § 2306. Special rule In the case of a local community in which no employees are represented by a labor organiza- tion, for purposes of this chapter, the term ‘‘rep- resentatives of employees’’ shall be substituted for ‘‘labor organization’’. (Pub. L. 88–210, § 7, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690.) Editorial Notes PRIOR PROVISIONS A prior section 2306, Pub. L. 88–210, § 7, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3083, related to special rule, prior to the general amendment of this chapter by Pub. L. 109–270. § 2306a. Prohibitions (a) Local control Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government— (1) to condition or incentivize the receipt of any grant, contract, or cooperative agree- ment, or the receipt of any priority or pref- erence under such grant, contract, or coopera- tive agreement, upon a State, local edu- cational agency, eligible agency, eligible re- cipient, eligible entity, or school’s adoption or implementation of specific instructional con- tent, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Ini- tiative, any other academic standards com- mon to a significant number of States, or any assessment, instructional content, or cur- riculum aligned to such standards); (2) through grants, contracts, or other coop- erative agreements, to mandate, direct, or control a State, local educational agency, eli- gible agency, eligible recipient, eligible entity, or school’s specific instructional content, aca- demic standards and assessments, curricula, or program of instruction (including any re- quirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Ini- tiative, any other academic standards com- mon to a significant number of States, or any assessment, instructional content, or cur- riculum aligned to such standards); or (3) except as required under sections 2322(b), 2391(b), and 2413 of this title— (A) to mandate, direct, or control the allo- cation of State or local resources; or (B) to mandate that a State or a political subdivision of a State spend any funds or incur any costs not paid for under this chap- ter. (b) No preclusion of other assistance Any State that declines to submit an applica- tion to the Secretary for assistance under this chapter shall not be precluded from applying for assistance under any other program adminis- tered by the Secretary. (c) Prohibition on requiring Federal approval or certification of standards Notwithstanding any other provision of Fed- eral law, no State shall be required to have aca- demic and career and technical content stand- ards or student academic and career and tech- nical achievement standards approved or cer- tified by the Federal Government, in order to re- ceive assistance under this chapter. (d) Rule of construction Nothing in this section affects the applica- bility of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the ‘‘Adminis- trative Procedure Act’’) or chapter 8 of title 5, commonly 1 known as the ‘‘Congressional Re- view Act’’). (e) Coherent and rigorous content For the purposes of this chapter, coherent and rigorous content shall be determined by the State consistent with section 6311(b)(1) of this title. (f) Congressional notice and comment (1) Notice to Congress Not less than 15 business days prior to issuing a notice of proposed rulemaking re- lated to this chapter in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representa- tives, and other relevant congressional com- mittees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— (A) a copy of the proposed regulation;