Browse Arkansas Code titles and sections
20 U.S.C. § 1232i — Limitations on withholding of Federal as-
Federal law — U.S. Code and appendices · legal_authorities
Page 916
TITLE 20—EDUCATION
§ 1232i
tion of instructional materials by parents or guardians
for similar provisions, in subsec. (b), provisions relat-
ing to limits on survey, analysis, or evaluations for
provisions relating to psychiatric or psychological ex-
aminations, testing, or treatment, and adding subsecs.
(c) to (e).
1978—Pub. L. 95–561 designated existing provisions as
subsec. (a) and added subsec. (b).
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.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–561 effective Oct. 1, 1978,
see section 1530(a) of Pub. L. 95–561, set out as a note
under section 1221e–3 of this title.
EFFECTIVE DATE
Pub. L. 93–380, title V, § 514(b), Aug. 21, 1974, 88 Stat.
574, provided that: ‘‘The amendment made by sub-
section (a) [enacting this section] shall be effective
upon enactment of this Act [Aug. 21, 1974].’’
§ 1232i. Limitations on withholding of Federal as-
sistance
(a) Refusal to supply personal data on students
or families
Except as provided in section 1232g(b)(1)(D) of
this title, the refusal of a State or local edu-
cational agency or institution of higher edu-
cation, community college, school, agency offer-
ing a preschool program, or other educational
institution to provide pers
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Page 916
TITLE 20—EDUCATION
§ 1232i
tion of instructional materials by parents or guardians
for similar provisions, in subsec. (b), provisions relat-
ing to limits on survey, analysis, or evaluations for
provisions relating to psychiatric or psychological ex-
aminations, testing, or treatment, and adding subsecs.
(c) to (e).
1978—Pub. L. 95–561 designated existing provisions as
subsec. (a) and added subsec. (b).
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.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–561 effective Oct. 1, 1978,
see section 1530(a) of Pub. L. 95–561, set out as a note
under section 1221e–3 of this title.
EFFECTIVE DATE
Pub. L. 93–380, title V, § 514(b), Aug. 21, 1974, 88 Stat.
574, provided that: ‘‘The amendment made by sub-
section (a) [enacting this section] shall be effective
upon enactment of this Act [Aug. 21, 1974].’’
§ 1232i. Limitations on withholding of Federal as-
sistance
(a) Refusal to supply personal data on students
or families
Except as provided in section 1232g(b)(1)(D) of
this title, the refusal of a State or local edu-
cational agency or institution of higher edu-
cation, community college, school, agency offer-
ing a preschool program, or other educational
institution to provide personally identifiable
data on students or their families, as a part of
any applicable program, to any Federal office,
agency, department, or other third party, on the
grounds that it constitutes a violation of the
right to privacy and confidentiality of students
or their parents, shall not constitute sufficient
grounds for the suspension or termination of
Federal assistance. Such a refusal shall also not
constitute sufficient grounds for a denial of, a
refusal to consider, or a delay in the consider-
ation of, funding for such a recipient in suc-
ceeding fiscal years. In the case of any dispute
arising under this section, reasonable notice and
opportunity for a hearing shall be afforded the
applicant.
(b) Noncompliance with nondiscrimination pro-
visions of Federal law
The extension of Federal financial assistance
to a local educational agency may not be lim-
ited, deferred, or terminated by the Secretary
on the ground of noncompliance with title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d et
seq.] or any other nondiscrimination provision
of Federal law unless such agency is accorded
the right of due process of law, which shall in-
clude—
(1) at least 30 days prior written notice of de-
ferral to the agency, setting forth the par-
ticular program or programs which the Sec-
retary finds to be operated in noncompliance
with a specific provision of Federal law;
(2) the opportunity for a hearing on the
record before a duly appointed administrative
law judge within a 60-day period (unless such
period is extended by mutual consent of the
Secretary and such agency) from the com-
mencement of any deferral;
(3) the conclusion of such hearing and the
rendering of a decision on the merits by the
administrative law judge within a period not
to exceed 90 days from the commencement of
such hearing, unless the judge finds by a deci-
sion that such hearing cannot be concluded or
such decision cannot be rendered within such
period, in which case such judge may extend
such period for not to exceed 60 additional
days;
(4) the limitation of any deferral of Federal
financial assistance which may be imposed by
the Secretary to a period not to exceed 15 days
after the rendering of such decision unless
there has been an express finding on such
record that such agency has failed to comply
with any such nondiscrimination provision of
Federal law; and
(5) procedures, which shall be established by
the Secretary, to ensure the availability of
sufficient funds, without regard to any fiscal
year limitations, to comply with the decision
of such judge.
(c) Failure to comply with imposition of quotas
It shall be unlawful for the Secretary to defer
or limit any Federal financial assistance on the
basis of any failure to comply with the imposi-
tion of quotas (or any other numerical require-
ments which have the effect of imposing quotas)
on the student admission practices of an institu-
tion of higher education or community college
receiving Federal financial assistance.
(Pub. L. 90–247, title IV, § 446, formerly § 440, as
added Pub. L. 93–380, title V, § 515(a), Aug. 21,
1974, 88 Stat. 574; amended Pub. L. 94–482, title
IV, §§ 407, 408, Oct. 12, 1976, 90 Stat. 2232, 2233; re-
numbered § 446 and amended Pub. L. 103–382, title
II, § 212(b)(1), (3)(C), Oct. 20, 1994, 108 Stat. 3913.)
Editorial Notes
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsec. (b),
is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of
the Civil Rights Act of 1964 is classified generally to
subchapter V (§ 2000d et seq.) of chapter 21 of Title 42,
The Public Health and Welfare. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 2000a of this title and Tables.
PRIOR PROVISIONS
A prior section 446 of Pub. L. 90–247 was classified to
section 1233e of this title prior to repeal by Pub. L.
103–382.
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–382, § 212(b)(3)(C), made
technical
amendment
to
reference
to
section
1232g(b)(1)(D) of this title to reflect renumbering of cor-
responding section of original act.
Page 917
TITLE 20—EDUCATION
§ 1232j
1976—Pub. L. 94–482 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–482 effective 30 days after
Oct. 12, 1976, except either as specifically otherwise pro-
vided or, if not so specifically otherwise provided, effec-
tive July 1, 1976, for those amendments providing for
authorization of appropriations, see section 532 of Pub.
L. 94–482, set out as a note under section 1001 of this
title.
EFFECTIVE DATE
Pub. L. 93–380, title V, § 515(b), Aug. 21, 1974, 88 Stat.
574, provided that: ‘‘The amendment made by sub-
section (a) [enacting this section] shall be effective
upon enactment of this Act [Aug. 21, 1974].’’
§ 1232j. Prohibition on federally sponsored test-
ing
(a) General prohibition
Notwithstanding any other provision of Fed-
eral law and except as provided in subsection
(b), no funds provided to the Department of Edu-
cation or to an applicable program, may be used
to pilot test, field test, implement, administer
or distribute in any way any federally sponsored
national test in reading, mathematics, or any
other subject that is not specifically and explic-
itly provided for in authorizing legislation en-
acted into law.
(b) Exceptions
Subsection (a) shall not apply to the Third
International Mathematics and Science Study
or other international comparative assessments
developed
under
the
authority
of
section
9543(a)(6) of this title and administered to only
a representative sample of pupils in the United
States and in foreign nations.
(Pub. L. 90–247, title IV, § 447, as added Pub. L.
105–277, div. A, § 101(f) [title III, § 305(a)], Oct. 21,
1998, 112 Stat. 2681–337, 2681–374; amended Pub. L.
107–110, title X, § 1062(4), Jan. 8, 2002, 115 Stat.
2088; Pub. L. 107–279, title IV, § 404(c), Nov. 5,
2002, 116 Stat. 1985.)
Editorial Notes
PRIOR PROVISIONS
A prior section 447 of Pub. L. 90–247 was classified to
section 1233f of this title prior to repeal by Pub. L.
103–382.
Prior sections 1233 to 1233h comprising a former sub-
chapter IV of this chapter were repealed by Pub. L.
103–382, title II, § 212(a)(2), Oct. 20, 1994, 108 Stat. 3913.
Section 1233, Pub. L. 90–247, title IV, § 441, formerly
§ 431, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 170; renumbered § 441, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; Pub. L.
96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93
Stat. 677, 692, defined terms for purposes of former sub-
chapter IV of this chapter.
Section 1233a, Pub. L. 90–247, title IV, § 442, formerly
§ 432, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 442, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507,
Oct. 17, 1979, 93 Stat. 677, 678, 692, authorized Secretary
to establish necessary advisory councils.
Section 1233b, Pub. L. 90–247, title IV, § 443, formerly
§ 433, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 443, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 93–380, title V, § 516(a), Aug. 21, 1974, 88 Stat. 575;
Pub. L. 94–482, title IV, § 411, title V, § 501(a)(10), Oct. 12,
1976, 90 Stat. 2234, 2235; Pub. L. 96–88, title III, § 301(a)(1),
title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to
statutory advisory councils.
Section 1233c, Pub. L. 90–247, title IV, § 444, formerly
§ 434, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 444, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to compensation and trav-
el expenses of members of advisory councils.
Section 1233d, Pub. L. 90–247, title IV, § 445, formerly
§ 435, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 445, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 93–380, title V, § 517(a), Aug. 21, 1974, 88 Stat. 575;
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to professional, technical,
and clerical staff of advisory councils.
Section 1233e, Pub. L. 90–247, title IV, § 446, formerly
§ 436, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 172; renumbered § 446, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to advisory council meet-
ings.
Section 1233f, Pub. L. 90–247, title IV, § 447, formerly
§ 437, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 172; renumbered § 447, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 93–380, title V, § 517(b), Aug. 21, 1974, 88 Stat. 575;
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to auditing and review of
advisory council activities.
Section 1233g, Pub. L. 90–247, title IV, § 448, formerly
§ 438, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 172; renumbered § 448, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
S. Res. 4, Feb. 4, 1977; Pub. L. 95–43, § 1(d), June 15, 1977,
91 Stat. 219; S. Res. 30, Mar. 7, 1979; Pub. L. 96–88, title
III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692;
Pub. L. 103–437, § 7(a)(1), Nov. 2, 1994, 108 Stat. 4587, re-
lated to reports by Secretary.
Section 1233h, Pub. L. 90–247, title IV, § 449, as added
Pub. L. 93–380, title V, § 518(a), Aug. 21, 1974, 88 Stat. 575,
related to application of other laws to advisory coun-
cils under former subchapter IV of this chapter.
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–279 substituted ‘‘section
9543(a)(6) of this title’’ for ‘‘section 9003(a)(6) of this
title’’.
Pub. L. 107–110 made technical amendment to ref-
erence in original act which appears in text as ref-
erence to section 9003(a)(6) of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
SUBCHAPTER IV—ENFORCEMENT
Editorial Notes
CODIFICATION
Pub. L. 103–382, title II, § 212(b)(2), Oct. 20, 1994, 108
Stat. 3913, redesignated subchapter V of this chapter as
this subchapter.
PRIOR PROVISIONS
A prior subchapter IV, consisting of sections 1233 to
1233h, was repealed by Pub. L. 103–382, title II,
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of general application; approval by State supervisory authority** In the case of any State which applies, contracts, or submits a plan for participation in any applicable program in which Federal funds are made available for assistance to local educational agencies through, or under the supervision of, the State educational agency of that State, such State shall submit (subject to the provisions of part D of title IV of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7231&num=0&edition=prelim) et seq.]) to the Secretary a general application containing the assurances set forth in subsection (b). Such application may be submitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for supervision of the activities conducted under each program covered by the application.
**(b) Assurances** An application submitted under subsection (a) shall set forth assurances, satisfactory to the Secretary—
(1) that each program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
(2) that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to such entities, and that the public agency or nonprofit private agency, institution, or organization will administer such fu
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232i
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Federal law — U.S. Code and appendices · legal_authorities
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000d
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Federal law — U.S. Code and appendices · legal_authorities
Page 5254
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000c–7
§ 2000c–7. Liability of United States for costs
In any action or proceeding under this sub-
chapter the United States shall be liable for
costs the same as a private person.
(Pub. L. 88–352, title IV, § 408, July 2, 1964, 78
Stat. 249.)
§ 2000c–8. Personal suits for relief against dis-
crimination in public education
Nothing in this subchapter shall affect ad-
versely the right of any person to sue for or ob-
tain relief in any court against discrimination
in public education.
(Pub. L. 88–352, title IV, § 409, July 2, 1964, 78
Stat. 249.)
§ 2000c–9. Classification and assignment
Nothing in this subchapter shall prohibit clas-
sification and assignment for reasons other than
race, color, religion, sex or national origin.
(Pub. L. 88–352, title IV, § 410, July 2, 1964, 78
Stat. 249; Pub. L. 92–318, title IX, § 906(a), June
23, 1972, 86 Stat. 375.)
Editorial Notes
AMENDMENTS
1972—Pub. L. 92–318 inserted ‘‘sex’’ after ‘‘religion,’’.
SUBCHAPTER V—FEDERALLY ASSISTED
PROGRAMS
§ 2000d. Prohibition against exclusion from par-
ticipation in, denial of benefits of, and dis-
crimination under federally assisted pro-
grams on ground of race, color, or national
origin
No person in the United States shall, on the
ground of race, color, or national origin, be ex-
cluded from participation in, be denied the bene-
fits of, or be subjected to discrimination under
any program or activity receiving Federal finan-
cial assistance.
(Pub. L. 88–352, title VI, § 601, July 2, 1964, 78
Stat. 252.)
Executive Documents
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF PROVISIONS
For provisions relating to the coordination of imple-
mentation and enforcement of the provisions of this
subchapter by the Attorney Ge
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000d
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