20 U.S.C. § 7905 — Equal access to public school facilities

Page 1642 TITLE 20—EDUCATION § 7905 in writing to the State educational agency in- volved that no policy of the local educational agency prevents, or otherwise denies participa- tion in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational agencies that have not filed the cer- tification or against which complaints have been made to the State educational agency that the local educational agencies are not in compli- ance with this section. (c) Enforcement The Secretary is authorized and directed to ef- fectuate subsection (b) by issuing, and securing compliance with, rules or orders with respect to a local educational agency that fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitu- tionally protected prayer in public elementary schools and secondary schools. (Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8524, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8021, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.) Editorial Notes PRIOR PROVISIONS A prior section 7904, Pub. L. 89–10, title IX, § 9204, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3798, established the Native Hawaiian Education Coun- cil and island councils, 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, § 8021, substituted ‘‘by electronic means, including by posting the guid- ance on the Department’s website in a clear and easily accessible manner’’ for ‘‘on the Internet’’. 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. § 7905. Equal access to public school facilities (a) Short title This section may be cited as the ‘‘Boy Scouts of America Equal Access Act’’. (b) In general (1) Equal access Notwithstanding any other provision of law, no public elementary school, public secondary school, local educational agency, or State edu- cational agency that has a designated open forum or a limited public forum and that re- ceives funds made available through the De- partment shall deny equal access or a fair op- portunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 (as a patriotic society), that wishes to conduct a meeting within that des- ignated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts of America or of the youth group listed in title 36 (as a patriotic society). (2) Voluntary sponsorship Nothing in this section shall be construed to require any school, agency, or a school served by an agency to sponsor any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 (as a patriotic society). (c) Termination of assistance and other action (1) Departmental action The Secretary is authorized and directed to effectuate subsection (b) by issuing and secur- ing compliance with rules or orders with re- spect to a public elementary school, public secondary school, local educational agency, or State educational agency that receives funds made available through the Department and that denies equal access, or a fair opportunity to meet, or discriminates, as described in sub- section (b). (2) Procedure The Secretary shall issue and secure compli- ance with the rules or orders, under paragraph (1), through the Office for Civil Rights and in a manner consistent with the procedure used by a Federal department or agency under sec- tion 2000d–1 of title 42. If the public school or agency does not comply with the rules or or- ders, then notwithstanding any other provi- sion of law, no funds made available through the Department shall be provided to a school that fails to comply with such rules or orders or to any agency or school served by an agen- cy that fails to comply with such rules or or- ders. (3) Judicial review Any action taken by the Secretary under paragraph (1) shall be subject to the judicial review described in section 2000d–2 of title 42. Any person aggrieved by the action may ob- tain that judicial review in the manner, and to the extent, provided in section 2000d–2 of title 42. (d) Definition and rule (1) Definition In this section, the term ‘‘youth group’’ means any group or organization intended to serve young people under the age of 21. (2) Rule For the purpose of this section, an elemen- tary school or secondary school has a limited public forum whenever the school involved grants an offering to, or opportunity for, one or more outside youth or community groups to meet on school premises or in school facili- 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