20 U.S.C. § 2395 — Limitation for certain students

Page 1103 TITLE 20—EDUCATION § 2395 1 So in original. related to construction of this chapter, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2393, Pub. L. 88–210, title III, § 333, formerly § 343, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2465; amended Pub. L. 100–418, title VI, § 6134(a), Aug. 23, 1988, 102 Stat. 1512; renumbered § 333, Pub. L. 101–392, title III, § 307(a)(2), Sept. 25, 1990, 104 Stat. 787, related to use of grant funds, prior to the gen- eral amendment of this chapter by Pub. L. 105–332. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2394. Voluntary selection and participation No funds made available under this chapter shall be used— (1) to require any secondary school student to choose or pursue a specific career pathway or program of study; or (2) to mandate that any individual partici- pate in a career and technical education pro- gram, including a career and technical edu- cation program that requires the attainment of a federally funded skill level, standard, or certificate of mastery. (Pub. L. 88–210, title II, § 214, formerly title III, § 314, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 743; renumbered title II, § 214, and amended Pub. L. 115–224, title II, § 201(a)(2), (5), (6), July 31, 2018, 132 Stat. 1621.) Editorial Notes PRIOR PROVISIONS A prior section 2394, Pub. L. 88–210, title III, § 314, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to voluntary selection and participation, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2394 and prior sections 2394a to 2394e were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2394, Pub. L. 88–210, title III, § 342, as added Pub. L. 101–392, title III, § 308, Sept. 25, 1990, 104 Stat. 789, stated findings and purpose of Congress. Section 2394a, Pub. L. 88–210, title III, § 343, as added Pub. L. 101–392, title III, § 308, Sept. 25, 1990, 104 Stat. 789; amended Pub. L. 102–103, title III, § 315, Aug. 17, 1991, 105 Stat. 508, authorized grants for tech-prep edu- cation programs. Section 2394b, Pub. L. 88–210, title III, § 344, as added Pub. L. 101–392, title III, § 308, Sept. 25, 1990, 104 Stat. 790; amended Pub. L. 103–239, title VII, § 711(a), May 4, 1994, 108 Stat. 606, related to use of grant funds. Section 2394c, Pub. L. 88–210, title III, § 345, as added Pub. L. 101–392, title III, § 308, Sept. 25, 1990, 104 Stat. 791; amended Pub. L. 103–239, title VII, § 711(b), May 4, 1994, 108 Stat. 606, related to applications for grants. Section 2394d, Pub. L. 88–210, title III, § 346, as added Pub. L. 101–392, title III, § 308, Sept. 25, 1990, 104 Stat. 792, related to reports. Section 2394e, Pub. L. 88–210, title III, § 347, as added Pub. L. 101–392, title III, § 308, Sept. 25, 1990, 104 Stat. 792; amended Pub. L. 105–244, title I, § 102(a)(6)(E), Oct. 7, 1998, 112 Stat. 1618, defined terms for purposes of tech-prep education grant program. AMENDMENTS 2018—Par. (1). Pub. L. 115–224, § 201(a)(2), substituted ‘‘career pathway or program of study’’ for ‘‘career path or major’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. SHORT TITLE Pub. L. 88–210, title III, § 341, as added by Pub. L. 101–392, title III, § 308, Sept. 25, 1990, 104 Stat. 788, which provided that part E of title III of Pub. L. 88–210, enact- ing part E (§ 2394 et seq.) of former subchapter III of this chapter, could be cited as the ‘‘Tech-Prep Edu- cation Act’’, was omitted in the general amendment of Pub. L. 88–210 by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076. § 2395. Limitation for certain students No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 1 middle grades (as such term is de- fined in section 7801 of this title), except that equipment and facilities purchased with funds under this chapter may be used by such stu- dents. (Pub. L. 88–210, title II, § 215, formerly title III, § 315, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 215, and amended Pub. L. 115–224, title II, § 201(a)(3), (5), (6), July 31, 2018, 132 Stat. 1621.) Editorial Notes PRIOR PROVISIONS A prior section 2395, Pub. L. 88–210, title III, § 315, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, imposed a limitation for certain students, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2395 and prior sections 2395a to 2395e were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2395, Pub. L. 88–210, title III, § 351, as added Pub. L. 101–392, title III, § 309, Sept. 25, 1990, 104 Stat. 792, stated purpose of supplementary State grant pro- gram. Section 2395a, Pub. L. 88–210, title III, § 352, as added Pub. L. 101–392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to allotment to States. Section 2395b, Pub. L. 88–210, title III, § 353, as added Pub. L. 101–392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to allocations to local educational agen- cies. Section 2395c, Pub. L. 88–210, title III, § 354, as added Pub. L. 101–392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to use of grant funds. Section 2395d, Pub. L. 88–210, title III, § 355, as added Pub. L. 101–392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to State applications for grants. Section 2395e, Pub. L. 88–210, title III, § 356, as added Pub. L. 101–392, title III, § 309, Sept. 25, 1990, 104 Stat. 794, related to local applications for grants. AMENDMENTS 2018—Pub. L. 115–224, § 201(a)(3), inserted ‘‘or programs of study’’ after ‘‘career and technical education pro- grams’’ and substituted ‘‘the middle grades (as such term is defined in section 7801 of this title)’’ for ‘‘sev- enth grade’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. Page 1104 TITLE 20—EDUCATION § 2396 § 2396. Federal laws guaranteeing civil rights Nothing in this chapter shall be construed to be inconsistent with applicable Federal law pro- hibiting discrimination on the basis of race, color, sex, national origin, age, or disability in the provision of Federal programs or services. (Pub. L. 88–210, title II, § 216, formerly title III, § 316, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 216, Pub. L. 115–224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.) Editorial Notes PRIOR PROVISIONS A prior section 2396, Pub. L. 88–210, title III, § 316, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to Federal laws guaranteeing civil rights, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2396 and prior sections 2396a to 2396m were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2396, Pub. L. 88–210, title III, § 362, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, stated purpose of community education employ- ment centers and vocational education lighthouse schools program. Section 2396a, Pub. L. 88–210, title III, § 363, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, authorized grants to establish and operate commu- nity education employment centers. Section 2396b, Pub. L. 88–210, title III, § 364, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, related to program requirements. Section 2396c, Pub. L. 88–210, title III, § 365, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 795, related to support services requirements. Section 2396d, Pub. L. 88–210, title III, § 366, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 796, related to parental and community participation. Section 2396e, Pub. L. 88–210, title III, § 367, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 797, related to employment and training of professional staff. Section 2396f, Pub. L. 88–210, title III, § 368, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 797, related to eligibility for grants. Section 2396g, Pub. L. 88–210, title III, § 369, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 797, related to applications to participate in grant pro- gram. Section 2396h, Pub. L. 88–210, title III, § 370, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 798; amended Pub. L. 104–66, title I, § 1041(d), Dec. 21, 1995, 109 Stat. 714, related to evaluation of student learning progress. Section 2396i, Pub. L. 88–210, title III, § 371, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 798, defined terms ‘‘eligible recipient’’ and ‘‘parent’’. Section 2396m, Pub. L. 88–210, title III, § 375, as added Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 798, authorized grants to establish and operate voca- tional education lighthouse schools. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. SHORT TITLE Pub. L. 88–210, title III, § 361, as added by Pub. L. 101–392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, which provided that part G of title III of Pub. L. 88–210, enact- ing part G (§ 2396 et seq.) of former subchapter III of this chapter, could be cited as the ‘‘Community Edu- cation Employment Center Act of 1990’’, was omitted in the general amendment of Pub. L. 88–210 by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076. § 2397. Participation of private school personnel and children (a) Personnel An eligible agency or eligible recipient that uses funds under this chapter for in-service and preservice career and technical education pro- fessional development programs for career and technical education teachers, administrators, and other personnel shall, to the extent prac- ticable, upon written request, permit the par- ticipation in such programs of career and tech- nical education secondary school teachers, ad- ministrators, and other personnel in nonprofit private schools offering career and technical secondary education programs located in the geographical area served by such eligible agency or eligible recipient. (b) Student participation (1) Student participation Except as prohibited by State or local law, an eligible recipient may, upon written re- quest, use funds made available under this chapter to provide for the meaningful partici- pation, in career and technical education pro- grams and activities, including programs of study, receiving funding under this chapter, of secondary school students attending nonprofit private schools in areas served by the eligible recipient. (2) Consultation An eligible recipient shall consult, upon written request, in a timely and meaningful manner with representatives of nonprofit pri- vate schools in areas served by the eligible re- cipient described in paragraph (1) regarding the meaningful participation, in career and technical education programs and activities, including programs of study, receiving funding under this chapter, of secondary school stu- dents attending nonprofit private schools. (Pub. L. 88–210, title II, § 217, formerly title III, § 317, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 217, and amended Pub. L. 115–224, title II, § 201(a)(4)–(6), July 31, 2018, 132 Stat. 1621.) Editorial Notes PRIOR PROVISIONS A prior section 2397, Pub. L. 88–210, title III, § 317, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to authorization of Secretary, prior to the gen- eral amendment of this chapter by Pub. L. 109–270. Another prior section 2397 and prior sections 2397a to 2397h were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2397, Pub. L. 88–210, title III, § 382, as added Pub. L. 101–392, title III, § 311, Sept. 25, 1990, 104 Stat. 800, stated purpose of program to assist tribally con- trolled postsecondary vocational institutions. Section 2397a, Pub. L. 88–210, title III, § 383, as added Pub. L. 101–392, title III, § 311, Sept. 25, 1990, 104 Stat. 800, authorized grants to tribally controlled postsec- ondary vocational institutions.