20 U.S.C. § 7909 — Prohibition on federally sponsored testing

Page 1645 TITLE 20—EDUCATION § 7909 (2) Consent (A) Opt-out process A parent of a secondary school student may submit a written request, to the local educational agency, that the student’s name, address, and telephone listing not be released for purposes of paragraph (1) with- out prior written consent of the parent. Upon receiving such request, the local edu- cational agency may not release the stu- dent’s name, address, and telephone listing for such purposes without the prior written consent of the parent. (B) Notification of opt-out process Each local educational agency shall notify the parents of the students served by the agency of the option to make a request de- scribed in subparagraph (A). (3) Same access to students Each local educational agency receiving as- sistance under this chapter shall provide mili- tary recruiters the same access to secondary school students as is provided to institutions of higher education or to prospective employ- ers of those students. (4) Rule of construction prohibiting opt-in processes Nothing in this subsection shall be con- strued to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution of higher education by imple- menting an opt-in process or any other process other than the written consent request process under paragraph (2)(A). (5) Parental consent For purposes of this subsection, whenever a student has attained 18 years of age, the per- mission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the stu- dent. (b) Notification The Secretary, in consultation with the Sec- retary of Defense, shall, not later than 120 days after December 10, 2015, notify school leaders, school administrators, and other educators about the requirements of this section. (c) Exception The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school. (Pub. L. 89–10, title VIII, § 8528, formerly title IX, § 9528, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII, § 8528, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8025, Dec. 10, 2015, 129 Stat. 2088, 2089, 2114.) Editorial Notes PRIOR PROVISIONS A prior section 7908, Pub. L. 89–10, title IX, § 9208, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3802, related to Native Hawaiian special education pro- grams, prior to the general amendment of former sub- chapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, § 8025, added subsecs. (a) to (c) and struck out former subsecs. (a) to (d) which related to policy regarding access to student recruiting infor- mation, notification of requirements of this section, exception for a private secondary school that main- tains a religious objection to service in the Armed Forces, and special rule regarding Connecticut State law, respectively. 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. § 7908a. Military recruiter access to secondary school campuses Each local educational agency receiving as- sistance under this chapter shall provide mili- tary recruiters the same access to the campus of each secondary school served by the local edu- cational agency for the purpose of recruiting students who are at least 17 years of age that is provided to any prospective employer, institu- tion of higher education, or other recruiter. (Pub. L. 89–10, title VIII, § 8528A, as added Pub. L. 118–159, div. A, title V, § 533(a), Dec. 23, 2024, 138 Stat. 1887.) DELAYED EFFECTIVE DATE OF SECTION Section effective one year after Dec. 23, 2024, see Effective Date note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 118–159, div. A, title V, § 533(b), Dec. 23, 2024, 138 Stat. 1887, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall take effect one year after the date of the enactment of this Act [Dec. 23, 2024].’’ COMPLIANCE MONITORING AND REPORTING Pub. L. 118–159, div. A, title V, § 533(c), Dec. 23, 2024, 138 Stat. 1887, provided that: ‘‘On an annual basis, the Secretary of Defense shall— ‘‘(1) collect information from military recruiters regarding the compliance of local educational agen- cies with the requirements of section 8528A of the El- ementary and Secondary Education Act of 1965 [20 U.S.C. 7908a] (as added by subsection (a)); and ‘‘(2) based on such information, prepare and submit to the Committees on Armed Services of the Senate and House of Representatives a report that— ‘‘(A) identifies each local educational agency that the Secretary determines to be in violation of such section; and ‘‘(B) explains the reasons for such determina- tion.’’ § 7909. Prohibition on federally sponsored testing (a) General prohibition Notwithstanding any other provision of Fed- eral law and except as provided in subsection (b), no funds provided under this chapter to the Secretary or to the recipient of any award may Page 1646 TITLE 20—EDUCATION § 7910 be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless spe- cifically and explicitly authorized by law, in- cluding any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Stand- ards Initiative or any other academic standards common to a significant number of States. (b) Exceptions Subsection (a) shall not apply to 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 na- tions. (Pub. L. 89–10, title VIII, § 8529, formerly title IX, § 9529, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; amended Pub. L. 107–279, title IV, § 404(d)(9), Nov. 5, 2002, 116 Stat. 1986; renumbered title VIII, § 8529, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8026, Dec. 10, 2015, 129 Stat. 2088, 2089, 2115.) Editorial Notes PRIOR PROVISIONS A prior section 7909, Pub. L. 89–10, title IX, § 9209, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3803, related to Native Hawaiian curriculum develop- ment and teacher training and recruitment programs, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, § 8026, amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to general prohibition on federally sponsored testing and exceptions, respectively. 2002—Subsec. (b). Pub. L. 107–279 substituted ‘‘section 9543(a)(5) of this title’’ for ‘‘section 9003(a)(6) of this title’’. 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. § 7910. Limitations on national testing or certifi- cation for teachers, principals, or other school leaders (a) Mandatory national testing or certification of teachers, principals, or other school leaders Notwithstanding any other provision of this chapter or any other provision of law, no funds available to the Department or otherwise avail- able under this chapter may be used for any pur- pose relating to a mandatory nationwide test or certification of teachers, principals, other school leaders, or education paraprofessionals, including any planning, development, imple- mentation, or administration of, or incentive re- garding, such test or certification. (b) Prohibition on withholding funds The Secretary is prohibited from withholding funds from any State educational agency or local educational agency if the State edu- cational agency or local educational agency fails to adopt a specific method of teacher or paraprofessional certification. (Pub. L. 89–10, title VIII, § 8530, formerly title IX, § 9530, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII, § 8530, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8027, Dec. 10, 2015, 129 Stat. 2088, 2089, 2116.) Editorial Notes PRIOR PROVISIONS A prior section 7910, Pub. L. 89–10, title IX, § 9210, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3804, related to Native Hawaiian community-based edu- cation learning centers, prior to the general amend- ment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, § 8027(1), inserted ‘‘, principals, or other school leaders’’ after ‘‘teachers’’ in section catch- line. Subsec. (a). Pub. L. 114–95, § 8027(3), inserted ‘‘, principals, other school leaders,’’ after ‘‘teachers’’ and ‘‘, or incentive regarding,’’ after ‘‘administration of’’. Pub. L. 114–95, § 8027(2), which directed amendment of subsection heading by inserting ‘‘, principals, or other school leaders’’ after ‘‘teachers’’, was executed by mak- ing the insertion in the heading of subsec. (a) to reflect the probable intent of Congress. 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. § 7910a. Prohibition on requiring State participa- tion Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this chapter shall not be required to carry out any of the requirements of such program or programs, and nothing in this chapter shall be construed to require a State to participate in any program under this chapter. (Pub. L. 89–10, title VIII, § 8530A, as added Pub. L. 114–95, title VIII, § 8028, Dec. 10, 2015, 129 Stat. 2116.) 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. § 7911. Prohibition on nationwide database Nothing in this chapter (other than section 6398(b) of this title) shall be construed to au- thorize the development of a nationwide data- base of personally identifiable information on individuals involved in studies or other collec- tions of data under this chapter.