20 U.S.C. § 7912 — Unsafe school choice option

Page 1647 TITLE 20—EDUCATION § 7916 (Pub. L. 89–10, title VIII, § 8531, formerly title IX, § 9531, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII, § 8531, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.) Editorial Notes PRIOR PROVISIONS A prior section 7911, Pub. L. 89–10, title IX, § 9211, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3804, set out administrative provisions, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. § 7912. Unsafe school choice option (a) Unsafe school choice policy Each State receiving funds under this chapter shall establish and implement a statewide policy requiring that a student attending a persist- ently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as deter- mined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or sec- ondary school within the local educational agen- cy, including a public charter school. (b) Certification As a condition of receiving funds under this chapter, a State shall certify in writing to the Secretary that the State is in compliance with this section. (Pub. L. 89–10, title VIII, § 8532, formerly title IX, § 9532, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII, § 8532, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.) Editorial Notes PRIOR PROVISIONS A prior section 7912, Pub. L. 89–10, title IX, § 9212, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3805, defined terms, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. § 7913. Prohibition on discrimination Nothing in this chapter shall be construed to require, authorize, or permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose upon a student, any financial or edu- cational benefit or burden, in violation of the fifth or 14th amendments to the Constitution or other law relating to discrimination in the pro- vision of federally funded programs or activities. (Pub. L. 89–10, title VIII, § 8533, formerly title IX, § 9533, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII, § 8533, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.) § 7914. Civil rights (a) In general Nothing in this chapter shall be construed to permit discrimination on the basis of race, color, religion, sex (except as otherwise per- mitted under title IX of the Education Amend- ments of 1972 [20 U.S.C. 1681 et seq.]), national origin, or disability in any program funded under this chapter. (b) Rule of construction Nothing in this chapter shall be construed to require the disruption of services to a child or the displacement of a child enrolled in or par- ticipating in a program administered by an eli- gible entity, as defined in section 6311(d) of this title and part C of subchapter IV, at the com- mencement of the entity’s participation in a grant under section 6311(d) of this title or part C of subchapter IV. (Pub. L. 89–10, title VIII, § 8534, formerly title IX, § 9534, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII, § 8534, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8029, Dec. 10, 2015, 129 Stat. 2088, 2089, 2116.) Editorial Notes REFERENCES IN TEXT The Education Amendments of 1972, referred to in subsec. (a), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. AMENDMENTS 2015—Subsec. (b). Pub. L. 114–95, § 8029, substituted ‘‘as defined in section 6311(d) of this title and part C of subchapter IV’’ for ‘‘as defined in section 6316 of this title and part B of subchapter V’’ and ‘‘grant under sec- tion 6311(d) of this title or part C of subchapter IV’’ for ‘‘grant under section 6316 of this title or part B of sub- chapter V’’. 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. § 7915. Rulemaking The Secretary shall issue regulations under this chapter only to the extent that such regula- tions are necessary to ensure that there is com- pliance with the specific requirements and as- surances required by this chapter. (Pub. L. 89–10, title VIII, § 8535, formerly title IX, § 9535, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII, § 8535, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec. 10, 2015, 129 Stat. 2088, 2089.) § 7916. Severability If any provision of this chapter is held invalid, the remainder of this chapter shall be unaffected thereby. (Pub. L. 89–10, title VIII, § 8536, formerly title IX, § 9536, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII,