20 U.S.C. § 6573 — State administration

Page 1416 TITLE 20—EDUCATION § 6572 subchapter, the Secretary may issue proposed regula- tions without following such process but shall, imme- diately thereafter and before issuing final regulations, conduct regional meetings to review such proposed reg- ulations.’’ Subsecs. (c), (d). Pub. L. 114–95, § 1601(a)(3)–(5), added subsec. (c), redesignated former subsec. (c) as (d), and in subsec. (d) substituted ‘‘this subchapter’’ for ‘‘this part’’. Subsec. (e). Pub. L. 114–95, § 1601(a)(6), added subsec. (e). 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. § 6572. Agreements and records (a) Agreements In any case in which a negotiated rulemaking process is established under section 6571(b) of this title, all published proposed regulations shall conform to agreements that result from the rulemaking described in section 6571 of this title unless the Secretary reopens the nego- tiated rulemaking process. (b) Records The Secretary shall ensure that an accurate and reliable record of agreements reached dur- ing the negotiations process is maintained. (Pub. L. 89–10, title I, § 1602, formerly § 1902, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1618; renumbered § 1602 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(b), Dec. 10, 2015, 129 Stat. 1906, 1912.) Editorial Notes PRIOR PROVISIONS A prior section 1602 of Pub. L. 89–10 was classified to section 6512 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1602 of Pub. L. 89–10 was classi- fied to section 6512 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 1601(b), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘All published proposed regulations shall con- form to agreements that result from negotiated rule- making described in section 6571 of this title unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants involved in the process explaining why the Secretary decided to depart from, and not adhere to, such agree- ments.’’ 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. § 6573. State administration (a) Rulemaking (1) In general Each State that receives funds under this subchapter shall— (A) ensure that any State rules, regula- tions, and policies relating to this sub- chapter conform to the purposes of this sub- chapter and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment; (B) minimize such rules, regulations, and policies to which the State’s local edu- cational agencies and schools are subject; (C) eliminate or modify State and local fis- cal accounting requirements in order to fa- cilitate the ability of schools to consolidate funds under schoolwide programs; (D) identify any such rule, regulation, or policy as a State-imposed requirement; and (E)(i) identify any duplicative or con- trasting requirements between the State and Federal rules or regulations; and (ii) eliminate the State rules and regula- tions that are duplicative of Federal require- ments. (2) Support and facilitation State rules, regulations, and policies under this subchapter shall support and facilitate local educational agency and school-level sys- temic reform designed to enable all children to meet the challenging State academic stand- ards. (b) Committee of practitioners (1) In general Each State educational agency that receives funds under this subchapter shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this subchapter. (2) Membership Each such committee shall include— (A) as a majority of its members, rep- resentatives from local educational agen- cies; (B) administrators, including the adminis- trators of programs described in other parts of this subchapter; (C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators; (D) principals and other school leaders; (E) parents; (F) members of local school boards; (G) representatives of private school chil- dren; (H) specialized instructional support per- sonnel and paraprofessionals; (I) representatives of authorized public chartering agencies (if there are charter schools in the State); and (J) charter school leaders (if there are charter schools in the State). (3) Duties The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this subchapter. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program Page 1417 TITLE 20—EDUCATION §§ 6577, 6578 under this subchapter, the State educational agency may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in final form. (Pub. L. 89–10, title I, § 1603, formerly § 1903, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1618; renumbered § 1603 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(c), Dec. 10, 2015, 129 Stat. 1906, 1912.) Editorial Notes PRIOR PROVISIONS A prior section 1603 of Pub. L. 89–10 was classified to section 6513 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1603 of Pub. L. 89–10 was classi- fied to section 6513 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a)(1)(E). Pub. L. 114–95, § 1601(c)(1)(A), added subpar. (E). Subsec. (a)(2). Pub. L. 114–95, § 1601(c)(1)(B), sub- stituted ‘‘the challenging State academic standards’’ for ‘‘the challenging State student academic achieve- ment standards’’. Subsec. (b)(2)(C) to (J). Pub. L. 114–95, § 1601(c)(2), added subpars. (C) to (J) and struck out former subpars. (C) to (G) which read as follows: ‘‘(C) teachers, including vocational educators; ‘‘(D) parents; ‘‘(E) members of local school boards; ‘‘(F) representatives of private school children; and ‘‘(G) pupil services personnel.’’ 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. § 6574. Repealed. Pub. L. 113–188, title IX, § 901(a), Nov. 26, 2014, 128 Stat. 2020 Section, Pub. L. 89–10, title I, § 1904, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619, related to annual local educational agency spending audits and reports. § 6575. Prohibition against Federal mandates, di- rection, or control Nothing in this subchapter shall be construed to authorize an officer or employee of the Fed- eral Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, cur- riculum, or program of instruction. (Pub. L. 89–10, title I, § 1604, formerly § 1905, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619; renumbered § 1604, Pub. L. 114–95, title I, § 1501(a)(5), Dec. 10, 2015, 129 Stat. 1906.) Editorial Notes PRIOR PROVISIONS A prior section 1604 of Pub. L. 89–10 was classified to section 6514 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1604 of Pub. L. 89–10 was classi- fied to section 6514 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. § 6576. Rule of construction on equalized spend- ing Nothing in this subchapter shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school. (Pub. L. 89–10, title I, § 1605, formerly § 1906, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619; renumbered § 1605, Pub. L. 114–95, title I, § 1501(a)(5), Dec. 10, 2015, 129 Stat. 1906.) Editorial Notes PRIOR PROVISIONS A prior section 1605 of Pub. L. 89–10 was classified to section 6515 of this title, prior to repeal by Pub. L. 114–95. §§ 6577, 6578. Repealed. Pub. L. 114–95, title I, § 1501(a)(3), Dec. 10, 2015, 129 Stat. 1906 Section 6577, Pub. L. 89–10, title I, § 1907, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619, related to State report on dropout data. Section 6578, Pub. L. 89–10, title I, § 1908, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1620, related to issuance of regulations not later than 6 months after Jan. 8, 2002. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. SUBCHAPTER II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACH- ERS, PRINCIPALS, OR OTHER SCHOOL LEADERS Editorial Notes PRIOR PROVISIONS A prior title II of the Elementary and Secondary Edu- cation 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 II as extensively revised by Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620, related to preparing, training, and recruiting high quality teachers and principals, and was set out in this subchapter as having been added by Pub. L. 107–110. Except as provided below, title II of the Act was re- pealed by Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1913. Subpart 5 of part C of prior title II of the Act, com- prising subpart 5 (§ 6731 et seq.) of prior part C of this subchapter, was redesignated subpart 3 (§ 8551 et seq.) of part F of title VIII of the Act and transferred to sub- part 3 (§ 7941 et seq.) of part F of subchapter VIII of this chapter by Pub. L. 114–95, title II, § 2001(a)(3)(A)–(C), title VIII, § 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089. Subpart 4 of part D of prior title II of the Act, com- prising subpart 4 (§ 6777) of prior part D of this sub- chapter, was redesignated subpart 2 (§ 4121) of part A of title IV of the Act and transferred to subpart 2 (§ 7131) of part A of subchapter IV of this chapter by Pub. L. 114–95, title II, § 2001(a)(4)(A)–(C), title IV, § 4001(a)(5)(C), Dec. 10, 2015, 129 Stat. 1913, 1966.