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20 U.S.C. § 7111 — Purpose

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7111 — Purpose

Page 1465 TITLE 20—EDUCATION § 7111 bilitation, except for integrated student sup- ports, specialized instructional support services, or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. (c) Prohibition on mandatory medication No child shall be required to obtain a prescrip- tion for a controlled substance, as defined in section 802 of title 21 as a condition of— (1) receiving an evaluation or other service described under this subchapter; or (2) attending a school receiving assistance under this subchapter. (Pub. L. 89–10, title IV, § 4001, as added Pub. L. 114–95, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1967.) Editorial Notes PRIOR PROVISIONS A prior section 7101, Pub. L. 89–10, title IV, § 4001, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734, provided that this part could be cited as the ‘‘Safe and Drug-Free Schools and Communities Act’’, prior to repeal by Pub. L. 114–95, § 5, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, ex- cept with respect to certain noncompetitive programs and competitive programs. Another prior section 7101, Pub. L. 89–10, title IV, § 4001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3672, set forth short title of subchapter as the ‘‘Safe and Drug-Free Schools and Communities Act of 1994’’, prior to the general amendment of this sub- chapter by Pub. L. 107–110. A prior section 4001 of Pub. L. 89–10 was classified to section 3041 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompe

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Page 1465 TITLE 20—EDUCATION § 7111 bilitation, except for integrated student sup- ports, specialized instructional support services, or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. (c) Prohibition on mandatory medication No child shall be required to obtain a prescrip- tion for a controlled substance, as defined in section 802 of title 21 as a condition of— (1) receiving an evaluation or other service described under this subchapter; or (2) attending a school receiving assistance under this subchapter. (Pub. L. 89–10, title IV, § 4001, as added Pub. L. 114–95, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1967.) Editorial Notes PRIOR PROVISIONS A prior section 7101, Pub. L. 89–10, title IV, § 4001, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734, provided that this part could be cited as the ‘‘Safe and Drug-Free Schools and Communities Act’’, prior to repeal by Pub. L. 114–95, § 5, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, ex- cept with respect to certain noncompetitive programs and competitive programs. Another prior section 7101, Pub. L. 89–10, title IV, § 4001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3672, set forth short title of subchapter as the ‘‘Safe and Drug-Free Schools and Communities Act of 1994’’, prior to the general amendment of this sub- chapter by Pub. L. 107–110. A prior section 4001 of Pub. L. 89–10 was classified to section 3041 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. §§ 7102, 7103. Repealed. Pub. L. 114–95, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1967 Section 7102, Pub. L. 89–10, title IV, § 4002, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734, related to purpose of this part. A prior section 7102, Pub. L. 89–10, title IV, § 4002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3672, set forth findings, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4002 of Pub. L. 89–10 was classified to section 3042 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Section 7103, Pub. L. 89–10, title IV, § 4003, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734, authorized appropriations for fiscal year 2002 and each of the 5 succeeding fiscal years. A prior section 7103, Pub. L. 89–10, title IV, § 4003, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3673, set forth purpose of former provisions, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4003 of Pub. L. 89–10 was classified to section 3043 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. A prior section 7104, Pub. L. 89–10, title IV, § 4004, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3674, related to funding, prior to the general amend- ment of this subchapter by Pub. L. 107–110. A prior section 4004 of Pub. L. 89–10 was classified to section 3044 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. A prior section 7105, Pub. L. 99–570, title IV, § 4302, Oct. 27, 1986, 100 Stat. 3207–153, which established Na- tional Trust for Drug-Free Youth to encourage private gifts of property to assist the Secretary of Education in carrying out the national programs of drug abuse re- search, education, and prevention under subtitle B of title IV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–125 (former 20 U.S.C. 4601 et seq.), was omitted from the Code because of the repeal of subtitle B. Section was formerly classified to section 4665, and subsequently section 3225, of this title. 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. SUBPART 1—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS Editorial Notes CODIFICATION Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965, comprising this sub- part, was originally added to Pub. L. 89–10, title IV, by Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1735. Subpart 1 is shown herein, however, as having been added by Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1968, without reference to the amendments by Pub. L. 107–110 because of the extensive revision of sub- part 1 by Pub. L. 114–95. § 7111. Purpose The purpose of this subpart is to improve stu- dents’ academic achievement by increasing the capacity of States, local educational agencies, schools, and local communities to— (1) provide all students with access to a well- rounded education; (2) improve school conditions for student learning; and (3) improve the use of technology in order to improve the academic achievement and digital literacy of all students. (Pub. L. 89–10, title IV, § 4101, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1968.) Editorial Notes PRIOR PROVISIONS A prior section 7111, Pub. L. 89–10, title IV, § 4111, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1735, related to reservations and allotments, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7111, Pub. L. 89–10, title IV, § 4011 [4111], as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3674, related to reservations and allot- ments, prior to the general amendment of this sub- chapter by Pub. L. 107–110. A prior section 4101 of Pub. L. 89–10 was classified to section 3061 of this title prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- Page 1466 TITLE 20—EDUCATION § 7112 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. § 7112. Definitions In this subpart: (1) Blended learning The term ‘‘blended learning’’ means a formal education program that leverages both tech- nology-based and face-to-face instructional ap- proaches— (A) that include an element of online or digital learning, combined with supervised learning time, and student-led learning, in which the elements are connected to provide an integrated learning experience; and (B) in which students are provided some control over time, path, or pace. (2) Controlled substance The term ‘‘controlled substance’’ means a drug or other substance identified under Schedule I, II, III, IV, or V in section 812(c) of title 21. (3) Digital learning The term ‘‘digital learning’’ means any in- structional practice that effectively uses tech- nology to strengthen a student’s learning ex- perience and encompasses a wide spectrum of tools and practices, including— (A) interactive learning resources, digital learning content (which may include openly licensed content), software, or simulations, that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data and information to per- sonalize learning and provide targeted sup- plementary instruction; (D) online and computer-based assess- ments; (E) learning environments that allow for rich collaboration and communication, which may include student collaboration with content experts and peers; (F) hybrid or blended learning, which oc- curs under direct instructor supervision at a school or other location away from home and, at least in part, through online delivery of instruction with some element of student control over time, place, path, or pace; and (G) access to online course opportunities for students in rural or remote areas. (4) Drug The term ‘‘drug’’ includes— (A) controlled substances; (B) the illegal use of alcohol or tobacco, including smokeless tobacco products and electronic cigarettes; and (C) the harmful, abusive, or addictive use of substances, including inhalants and ana- bolic steroids. (5) Drug and violence prevention The term ‘‘drug and violence prevention’’ means— (A) with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or education re- lated to the illegal use of drugs, such as rais- ing awareness about the consequences of drug use that are evidence-based (to the ex- tent a State, in consultation with local edu- cational agencies in the State, determines that such evidence is reasonably available); and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school prem- ises, going to and from school, and at school- sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (6) School-based mental health services pro- vider The term ‘‘school-based mental health serv- ices provider’’ includes a State-licensed or State-certified school counselor, school psy- chologist, school social worker, or other State licensed or certified mental health profes- sional qualified under State law to provide mental health services to children and adoles- cents. (7) State The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Com- monwealth of Puerto Rico. (8) Stem-focused specialty school The term ‘‘STEM-focused specialty school’’ means a school, or dedicated program within a school, that engages students in rigorous, rel- evant, and integrated learning experiences fo- cused on science, technology, engineering, and mathematics, including computer science, which include authentic schoolwide research. (Pub. L. 89–10, title IV, § 4102, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1969.) Editorial Notes PRIOR PROVISIONS A prior section 7112, Pub. L. 89–10, title IV, § 4112, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1736, related to reservation of State funds for safe and drug-free schools, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7112, Pub. L. 89–10, title IV, § 4112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3675, related to State applications, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4102 of Pub. L. 89–10 was classified to section 3062 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4601 — Untitled legal text

Page 1258 TITLE 20—EDUCATION § 4517 2 See References in Text note below. held in trust with the income from the portion provided herein used exclusively to contribute toward the salary and related costs of the pro- fessor filling the chair and for services directly related to the support of such professor such as secretarial and research services. The recipient university shall from sources other than that portion of the endowment funded herein furnish the office, classroom and related services suit- able to such a member of the faculty. The professor holding each chair shall file a copy of such articles with the Library of Con- gress, which shall make them available to li- braries in the usual manner and the recipient of the endowment shall also make a copy available upon request by accredited educational institu- tions, bar associations, and general news media without royalty or charge other than the costs associated with printing or reprinting, handling and distribution. (d) Investment of endowment That portion of each endowment provided by this chapter 2 and any accumulations attrib- utable to such grant shall be invested by the re- cipient university in interest bearing obliga- tions of the United States or in obligations guaranteed both as to principal and interest by the United States and shall be subject to audit by the Government Accountability Office for the sole purpose of determining that such funds are accounted for or have been used as provided herein. If a grantee university elects to dis- continue such chair and support services, the corpus of the endowment attributable to the Federal grant shall revert to the Treasury of the United States. (e) Application for grant of endowment The application for the grant for an endow- men

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7111 — General provisions

**(a) Parental consent** (1) **In general** (A) *Informed written consent* — A State, local educational agency, or other entity receiving funds under this subchapter shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment or service that is funded under this subchapter and conducted in connection with an elementary school or secondary school under this subchapter. (B) *Contents* — Before obtaining the consent described in subparagraph (A), the entity shall provide the parent written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assessment or service, when such assessment or service will begin, and how long such assessment or service may last. (C) *Limitation* — The informed written consent required under this paragraph shall not be a waiver of any rights or protections under [section 1232g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim). (2) **Exception** — Notwithstanding paragraph (1)(A), the written, informed consent described in such paragraph shall not be required in— (A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity personnel; or (B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the State or local educational agency, including in the case of— (i) a child whose parent has not responded to the notice described in paragraph (1)(B); or (ii) a child who has attained 14 years of age and is an unaccompanied youth, as defined in

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