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20 U.S.C. § 6063 — Study of Goals 2000 and students with dis-
Federal law — U.S. Code and appendices · legal_authorities
Page 1310
TITLE 20—EDUCATION
§§ 6056, 6056a
purposes of codification. Part N of title IX of Pub. L.
103–227 was formerly part D of title XIII of Pub. L.
89–10, which was classified to part D (§ 8701 et seq.) of
subchapter XIII of chapter 70 of this title, prior to
being redesignated as part N of title IX of Pub. L.
103–227 by Pub. L. 107–110, title X, § 1024(a), Jan. 8, 2002,
115 Stat. 1987, transferred to this part, and subse-
quently repealed by Pub. L. 107–279, title IV, § 403(2),
Nov. 5, 2002, 116 Stat. 1985.
§§ 6056, 6056a. Repealed. Pub. L. 107–279, title IV,
§ 403(2), Nov. 5, 2002, 116 Stat. 1985
Section 6056, Pub. L. 103–227, title IX, § 1031, formerly
Pub. L. 89–10, title XIII, § 13401, as added Pub. L. 103–382,
title I, § 101, Oct. 20, 1994, 108 Stat. 3886; renumbered
Pub. L. 103–227, title IX, § 1031, and amended Pub. L.
107–110, title X, §§ 1024(a),(b), 1025(a)(17)(E), Jan. 8, 2002,
115 Stat. 1987–1989, authorized technology-based tech-
nical assistance.
Another section 1031 of Pub. L. 103–227 is set out as a
note under section 6301 of this title.
Section 6056a, Pub. L. 103–227, title IX, § 1032, as added
Pub. L. 107–110, title X, § 1024(c), Jan. 8, 2002, 115 Stat.
1988, applied section 7801 definitions to this part.
Another section 1032 of Pub. L. 103–227 enacted sec-
tion 3351 of this title and amended sections 3381 to 3384
and 3386 of this title prior to the general amendment of
chapter 47 of this title by Pub. L. 103–382.
SUBCHAPTER X—MISCELLANEOUS
PART A—MISCELLANEOUS PROVISIONS
§ 6061. School prayer
No funds authorized to be appropriated under
this chapter may be used by any State or local
educational agency to adopt policies that pre-
vent voluntary prayer and meditation in public
schools.
(Pub. L. 103–227, title X, § 1011
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Page 1310
TITLE 20—EDUCATION
§§ 6056, 6056a
purposes of codification. Part N of title IX of Pub. L.
103–227 was formerly part D of title XIII of Pub. L.
89–10, which was classified to part D (§ 8701 et seq.) of
subchapter XIII of chapter 70 of this title, prior to
being redesignated as part N of title IX of Pub. L.
103–227 by Pub. L. 107–110, title X, § 1024(a), Jan. 8, 2002,
115 Stat. 1987, transferred to this part, and subse-
quently repealed by Pub. L. 107–279, title IV, § 403(2),
Nov. 5, 2002, 116 Stat. 1985.
§§ 6056, 6056a. Repealed. Pub. L. 107–279, title IV,
§ 403(2), Nov. 5, 2002, 116 Stat. 1985
Section 6056, Pub. L. 103–227, title IX, § 1031, formerly
Pub. L. 89–10, title XIII, § 13401, as added Pub. L. 103–382,
title I, § 101, Oct. 20, 1994, 108 Stat. 3886; renumbered
Pub. L. 103–227, title IX, § 1031, and amended Pub. L.
107–110, title X, §§ 1024(a),(b), 1025(a)(17)(E), Jan. 8, 2002,
115 Stat. 1987–1989, authorized technology-based tech-
nical assistance.
Another section 1031 of Pub. L. 103–227 is set out as a
note under section 6301 of this title.
Section 6056a, Pub. L. 103–227, title IX, § 1032, as added
Pub. L. 107–110, title X, § 1024(c), Jan. 8, 2002, 115 Stat.
1988, applied section 7801 definitions to this part.
Another section 1032 of Pub. L. 103–227 enacted sec-
tion 3351 of this title and amended sections 3381 to 3384
and 3386 of this title prior to the general amendment of
chapter 47 of this title by Pub. L. 103–382.
SUBCHAPTER X—MISCELLANEOUS
PART A—MISCELLANEOUS PROVISIONS
§ 6061. School prayer
No funds authorized to be appropriated under
this chapter may be used by any State or local
educational agency to adopt policies that pre-
vent voluntary prayer and meditation in public
schools.
(Pub. L. 103–227, title X, § 1011, Mar. 31, 1994, 108
Stat. 265.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
this ‘‘Act’’, meaning Pub. L. 103–227, Mar. 31, 1994, 108
Stat. 125, which is classified principally to this chapter.
For complete classification of this Act to the Code, see
Short Title note set out under section 5801 of this title
and Tables.
CODIFICATION
Another section 1011 of Pub. L. 103–227 was classified
to section 6054 of this title, prior to repeal by Pub. L.
107–279.
§ 6062. Funding for Individuals with Disabilities
Education Act
(a) Findings
The Congress finds that—
(1) the Individuals with Disabilities Edu-
cation Act [20 U.S.C. 1400 et seq.] was estab-
lished with the commitment of forty percent
Federal funding but currently receives only
eight percent Federal funding;
(2) this funding shortfall is particularly bur-
densome to school districts and schools in low-
income areas which serve higher than average
proportions of students with disabilities and
have fewer local resources to contribute; and
(3) it would cost the Federal Government ap-
proximately $10,000,000,000 each year to fully
fund the Individuals with Disabilities Edu-
cation Act.
(b) Sense of Congress
It is the sense of the Congress that the Federal
Government should provide States and commu-
nities with adequate resources under the Indi-
viduals with Disabilities Education Act [20
U.S.C. 1400 et seq.] as soon as reasonably pos-
sible, through the reallocation of noneducation
funds within the current budget monetary con-
straints.
(Pub. L. 103–227, title X, § 1012, Mar. 31, 1994, 108
Stat. 265.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, re-
ferred to in text, is title VI of Pub. L. 91–230, Apr. 13,
1970, 84 Stat. 175, which is classified generally to chap-
ter 33 (§ 1400 et seq.) of this title. For complete classi-
fication of this Act to the Code, see section 1400 of this
title and Tables.
CODIFICATION
Another section 1012 of Pub. L. 103–227 was classified
to section 6054a of this title, prior to repeal by Pub. L.
107–279.
§ 6063. Study of Goals 2000 and students with dis-
abilities
(a) Study required
(1) In general
Not later than 180 days after March 31, 1994,
the Secretary shall make appropriate arrange-
ments with the National Academy of Sciences
or the National Academy of Education to con-
duct a comprehensive study of the inclusion of
children with disabilities in school reform ac-
tivities assisted under the Goals 2000: Educate
America Act [20 U.S.C. 5801 et seq.].
(2) ‘‘Children with disabilities’’ defined
For purposes of this section, the term ‘‘chil-
dren with disabilities’’ has the same meaning
given such term in section 1401 of this title.
(b) Study components
The study conducted under subsection (a)
shall include—
(1) an evaluation of the National Education
Goals and objectives, curriculum reforms,
standards, and other programs and activities
intended to achieve those goals;
(2) a review of the adequacy of assessments
and measures used to gauge progress towards
meeting National Education Goals and any na-
tional and State standards, and an examina-
tion of other methods or accommodations nec-
essary or desirable to collect data on the edu-
cational progress of children with disabilities,
and the costs of such methods and accom-
modations;
(3) an examination of what incentives or as-
sistance might be provided to States to de-
velop improvement plans that adequately ad-
dress the needs of children with disabilities;
(4) the relation of the Goals 2000: Educate
America Act [20 U.S.C. 5801 et seq.] to other
Federal laws governing or affecting the edu-
cation of children with disabilities; and
Page 1311
TITLE 20—EDUCATION
§ 6067
1 See References in Text note below.
1 See References in Text note below.
1 So in original. No subsec. (a) has been enacted.
(5) such other issues as the National Acad-
emy of Sciences or the National Academy of
Education considers appropriate.
(c) Study panel membership
Any panel constituted in furtherance of the
study to be conducted under subsection (a) shall
include consumer representatives.
(d) Findings and recommendations
The Secretary shall request the National
Academy of Sciences or the National Academy
of Education to submit an interim report of its
findings and recommendations to the President
and Congress not later than 12 months, and a
final report not later than 24 months, from the
date of the completion of procurement relating
to the study.
(e) Funding
From funds appropriated to the Secretary for
research related to individuals with disabilities
the Secretary shall make available $600,000 for
fiscal year 1994, and such sums as may be nec-
essary for fiscal year 1995, to carry out this sec-
tion. Amounts made available under this sub-
section shall remain available until expended.
(Pub. L. 103–227, title X, § 1015, Mar. 31, 1994, 108
Stat. 266.)
Editorial Notes
REFERENCES IN TEXT
The Goals 2000: Educate America Act, referred to in
subsecs. (a)(1) and (b)(4), is Pub. L. 103–227, Mar. 31, 1994,
108 Stat. 125 (except titles V and IX), which is classified
principally to this chapter (except subchapters V (§ 5931
et seq.) and IX (§ 6001 et seq.)). For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 5801 of this title and Tables.
§ 6064. Contraceptive devices
The Department of Health and Human Serv-
ices and the Department of Education shall en-
sure that all federally funded programs which
provide for the distribution of contraceptive de-
vices to unemancipated minors develop proce-
dures to encourage, to the extent practical, fam-
ily participation in such programs.
(Pub. L. 103–227, title X, § 1018, Mar. 31, 1994, 108
Stat. 268.)
§ 6065. Assessments
(a) Subchapter II
No funds provided under subchapter II of this
chapter shall be used to develop or undertake
assessments that will be used to make decisions
regarding the graduation, grade promotion, or
retention of students for 5 years after March 31,
1994.
(b) Subchapter III 1
Assessments developed with funds under sub-
chapter III 1 of this chapter may be used for deci-
sions regarding graduation, grade promotion, or
retention of students only on the condition that
students have been prepared in the content for
which the students are being assessed.
(Pub. L. 103–227, title X, § 1019, Mar. 31, 1994, 108
Stat. 269.)
Editorial Notes
REFERENCES IN TEXT
Subchapters II and III of this chapter, referred to in
text, were in the original references to titles II and III,
respectively, of Pub. L. 103–227, Mar. 31, 1994, 108 Stat.
133, 157. Title II enacted subchapter II of this chapter
and section 3425 of this title, amended section 5093 of
this title and section 5315 of Title 5, Government Orga-
nization and Employees, and enacted provisions set out
as a note under section 5093 of this title. Title III was
classified generally to subchapter III (§ 5881 et seq.) of
this chapter and was repealed by Pub. L. 106–113, div. B,
§ 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535,
1501A–265.
§ 6066. Public schools
Except as provided in section 5890 1 of this
title, nothing in this chapter shall be construed
to authorize the use of funds under subchapter
III 1 of this chapter to directly or indirectly ben-
efit any school other than a public school.
(Pub. L. 103–227, title X, § 1020, Mar. 31, 1994, 108
Stat. 269.)
Editorial Notes
REFERENCES IN TEXT
Section 5890 of this title, referred to in text, was re-
pealed by Pub. L. 106–113, div. B, § 1000(a)(4) [title III,
§ 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265.
Subchapter III of this chapter, referred to in text,
was in the original a reference to title III of Pub. L.
103–227, Mar. 31, 1994, 108 Stat. 157, which was classified
generally to subchapter III (§ 5881 et seq.) of this chap-
ter and was repealed by Pub. L. 106–113, div. B,
§ 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535,
1501A–265.
§ 6067. Sense of Congress
It is the sense of the Congress that—
(1) no funds appropriated pursuant to this
chapter should be expended by an entity un-
less the entity agrees that in expending the as-
sistance the entity will comply with chapter
83 of title 41;
(2) in the case of any equipment or products
that may be authorized to be purchased with
financial assistance provided under this chap-
ter, entities receiving such assistance should,
in expending the assistance, purchase only
American-made equipment and products;
(3) in providing financial assistance under
this chapter, the head of each Federal agency
should provide to each recipient of the assist-
ance a notice describing the statement made
in subsection (a) 1 by the Congress; and
(4) if it has been finally determined by a
court or Federal agency that any person inten-
tionally affixed a label bearing a ‘‘Made in
America’’ inscription, or any inscription with
the same meaning to any product sold in or
shipped to the United States that is not made
in the United States, such person should be in-
eligible to receive any contract or subcontract
made with funds provided pursuant to this
chapter, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
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Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 20—EDUCATION
§ 1400
Section 1393e, Pub. L. 88–210, title I, § 196, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609, set forth application requirements for grants
and contracts for bilingual vocational training pro-
grams.
Section 1393f, Pub. L. 88–210, title I, § 197, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct.
12, 1976, 90 Stat. 2237, set forth criteria for approval by
Commissioner of applications for grants and contracts
for bilingual vocational training programs.
CHAPTER 33—EDUCATION OF INDIVIDUALS
WITH DISABILITIES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
1400.
Short title; findings; purposes.
1401.
Definitions.
1402.
Office of Special Education Programs.
1403.
Abrogation of State sovereign immunity.
1404.
Acquisition of equipment; construction or al-
teration of facilities.
1405.
Employment of individuals with disabilities.
1406.
Requirements for prescribing regulations.
1407.
State administration.
1408.
Paperwork reduction.
1409.
Freely associated States.
SUBCHAPTER II—ASSISTANCE FOR EDUCATION
OF ALL CHILDREN WITH DISABILITIES
1411.
Authorization; allotment; use of funds; au-
thorization of appropriations.
1412.
State eligibility.
1413.
Local educational agency eligibility.
1414.
Evaluations, eligibility determinations, indi-
vidualized education programs, and edu-
cational placements.
1415.
Procedural safeguards.
1416.
Monitoring, technical assistance, and en-
forcement.
1417.
Administration.
1418.
Program information.
1419.
Preschool grants.
SUBCHAPTER III—INFANTS AND TODDLERS WITH
DISABILITIES
1431.
Findings and policy.
1432.
Definitions.
1433.
General authority.
1434.
Eligib
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition** After March 31, 1994, no person shall permit smoking within any indoor facility owned or leased or contracted for and utilized by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children.
**(b) Additional prohibition** After March 31, 1994, no person shall permit smoking within any indoor facility (or portion thereof) owned or leased or contracted for by such person for the provision by such person of regular or routine health care or day care or early childhood development (Head Start) services to children or for the use of the employees of such person who provides such services, except that this subsection shall not apply to—
(1) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(2) any private residence.
**(c) Federal agencies**
(1) **Kindergarten, elementary, or secondary education or library services** — After March 31, 1994, no Federal agency shall permit smoking within any indoor facility in the United States operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to children.
(2) **Health or day care or early childhood development services** — After March 31, 1994, no Federal agency shall permit smoking within any indoor facility (or portion thereof) operated by such agency, directly or by contract, to provide routine or regular health or day care or early childhood development (Head Start) services to children, except that this paragraph shall not apply to—
(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, d
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Federal law — U.S. Code and appendices · legal_authorities
Page 1290
TITLE 20—EDUCATION
§ 5801
Sec.
PART G—COMPREHENSIVE REGIONAL ASSISTANCE
CENTERS
6053 to 6053e. Repealed.
PART H—NATIONAL DIFFUSION NETWORK
6054 to 6054b. Repealed.
PART I—EISENHOWER REGIONAL MATHEMATICS AND
SCIENCE EDUCATION CONSORTIA
6055 to 6055h. Repealed.
PART J—TECHNOLOGY-BASED TECHNICAL ASSISTANCE
6056, 6056a. Repealed.
SUBCHAPTER X—MISCELLANEOUS
PART A—MISCELLANEOUS PROVISIONS
6061.
School prayer.
6062.
Funding for Individuals with Disabilities
Education Act.
6063.
Study of Goals 2000 and students with disabil-
ities.
6064.
Contraceptive devices.
6065.
Assessments.
6066.
Public schools.
6067.
Sense of Congress.
PART B—ENVIRONMENTAL TOBACCO SMOKE
6081.
Short title.
6082.
Definitions.
6083.
Nonsmoking policy for children’s services.
6084.
Preemption.
§ 5801. Purpose
The purpose of this chapter is to provide a
framework for meeting the National Education
Goals established by subchapter I of this chapter
by—
(1) promoting coherent, nationwide, sys-
temic education reform;
(2) improving the quality of learning and
teaching in the classroom and in the work-
place;
(3) defining appropriate and coherent Fed-
eral, State, and local roles and responsibilities
for education reform and lifelong learning;
(4) establishing valid and reliable mecha-
nisms for—
(A) building a broad national consensus on
American education reform;
(B) assisting in the development and cer-
tification of high-quality, internationally
competitive content and student perform-
ance standards; and
(C) assisting in the development and cer-
tification of high-quality assessment meas-
ures that reflect the internationally com-
petitive content and student performance
standards;
(5) supporting new initiatives at the Federal,
State, local, and sc
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Federal law — U.S. Code and appendices · legal_authorities
No funds authorized to be appropriated under this chapter may be used by any State or local educational agency to adopt policies that prevent voluntary prayer and meditation in public schools.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6063
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