Browse Arkansas Code titles and sections
20 U.S.C. § 1232j — Prohibition on federally sponsored test-
Federal law — U.S. Code and appendices · legal_authorities
Page 917
TITLE 20—EDUCATION
§ 1232j
1976—Pub. L. 94–482 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–482 effective 30 days after
Oct. 12, 1976, except either as specifically otherwise pro-
vided or, if not so specifically otherwise provided, effec-
tive July 1, 1976, for those amendments providing for
authorization of appropriations, see section 532 of Pub.
L. 94–482, set out as a note under section 1001 of this
title.
EFFECTIVE DATE
Pub. L. 93–380, title V, § 515(b), Aug. 21, 1974, 88 Stat.
574, provided that: ‘‘The amendment made by sub-
section (a) [enacting this section] shall be effective
upon enactment of this Act [Aug. 21, 1974].’’
§ 1232j. Prohibition on federally sponsored test-
ing
(a) General prohibition
Notwithstanding any other provision of Fed-
eral law and except as provided in subsection
(b), no funds provided to the Department of Edu-
cation or to an applicable program, may be used
to pilot test, field test, implement, administer
or distribute in any way any federally sponsored
national test in reading, mathematics, or any
other subject that is not specifically and explic-
itly provided for in authorizing legislation en-
acted into law.
(b) Exceptions
Subsection (a) shall not apply to the Third
International Mathematics and Science Study
or other 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 nations.
(Pub. L. 90–247, title IV, § 447, as added Pub. L.
105–277, div. A, § 101(f) [title III, § 305(a)], Oct. 21,
1998, 112 Stat. 2681–337, 2681–37
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232j
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Page 917
TITLE 20—EDUCATION
§ 1232j
1976—Pub. L. 94–482 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–482 effective 30 days after
Oct. 12, 1976, except either as specifically otherwise pro-
vided or, if not so specifically otherwise provided, effec-
tive July 1, 1976, for those amendments providing for
authorization of appropriations, see section 532 of Pub.
L. 94–482, set out as a note under section 1001 of this
title.
EFFECTIVE DATE
Pub. L. 93–380, title V, § 515(b), Aug. 21, 1974, 88 Stat.
574, provided that: ‘‘The amendment made by sub-
section (a) [enacting this section] shall be effective
upon enactment of this Act [Aug. 21, 1974].’’
§ 1232j. Prohibition on federally sponsored test-
ing
(a) General prohibition
Notwithstanding any other provision of Fed-
eral law and except as provided in subsection
(b), no funds provided to the Department of Edu-
cation or to an applicable program, may be used
to pilot test, field test, implement, administer
or distribute in any way any federally sponsored
national test in reading, mathematics, or any
other subject that is not specifically and explic-
itly provided for in authorizing legislation en-
acted into law.
(b) Exceptions
Subsection (a) shall not apply to the Third
International Mathematics and Science Study
or other 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 nations.
(Pub. L. 90–247, title IV, § 447, as added Pub. L.
105–277, div. A, § 101(f) [title III, § 305(a)], Oct. 21,
1998, 112 Stat. 2681–337, 2681–374; amended Pub. L.
107–110, title X, § 1062(4), Jan. 8, 2002, 115 Stat.
2088; Pub. L. 107–279, title IV, § 404(c), Nov. 5,
2002, 116 Stat. 1985.)
Editorial Notes
PRIOR PROVISIONS
A prior section 447 of Pub. L. 90–247 was classified to
section 1233f of this title prior to repeal by Pub. L.
103–382.
Prior sections 1233 to 1233h comprising a former sub-
chapter IV of this chapter were repealed by Pub. L.
103–382, title II, § 212(a)(2), Oct. 20, 1994, 108 Stat. 3913.
Section 1233, Pub. L. 90–247, title IV, § 441, formerly
§ 431, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 170; renumbered § 441, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; Pub. L.
96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93
Stat. 677, 692, defined terms for purposes of former sub-
chapter IV of this chapter.
Section 1233a, Pub. L. 90–247, title IV, § 442, formerly
§ 432, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 442, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507,
Oct. 17, 1979, 93 Stat. 677, 678, 692, authorized Secretary
to establish necessary advisory councils.
Section 1233b, Pub. L. 90–247, title IV, § 443, formerly
§ 433, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 443, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 93–380, title V, § 516(a), Aug. 21, 1974, 88 Stat. 575;
Pub. L. 94–482, title IV, § 411, title V, § 501(a)(10), Oct. 12,
1976, 90 Stat. 2234, 2235; Pub. L. 96–88, title III, § 301(a)(1),
title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to
statutory advisory councils.
Section 1233c, Pub. L. 90–247, title IV, § 444, formerly
§ 434, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 444, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to compensation and trav-
el expenses of members of advisory councils.
Section 1233d, Pub. L. 90–247, title IV, § 445, formerly
§ 435, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 171; renumbered § 445, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 93–380, title V, § 517(a), Aug. 21, 1974, 88 Stat. 575;
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to professional, technical,
and clerical staff of advisory councils.
Section 1233e, Pub. L. 90–247, title IV, § 446, formerly
§ 436, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 172; renumbered § 446, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to advisory council meet-
ings.
Section 1233f, Pub. L. 90–247, title IV, § 447, formerly
§ 437, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 172; renumbered § 447, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
Pub. L. 93–380, title V, § 517(b), Aug. 21, 1974, 88 Stat. 575;
Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692, related to auditing and review of
advisory council activities.
Section 1233g, Pub. L. 90–247, title IV, § 448, formerly
§ 438, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr.
13, 1970, 84 Stat. 172; renumbered § 448, Pub. L. 92–318,
title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended
S. Res. 4, Feb. 4, 1977; Pub. L. 95–43, § 1(d), June 15, 1977,
91 Stat. 219; S. Res. 30, Mar. 7, 1979; Pub. L. 96–88, title
III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692;
Pub. L. 103–437, § 7(a)(1), Nov. 2, 1994, 108 Stat. 4587, re-
lated to reports by Secretary.
Section 1233h, Pub. L. 90–247, title IV, § 449, as added
Pub. L. 93–380, title V, § 518(a), Aug. 21, 1974, 88 Stat. 575,
related to application of other laws to advisory coun-
cils under former subchapter IV of this chapter.
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–279 substituted ‘‘section
9543(a)(6) of this title’’ for ‘‘section 9003(a)(6) of this
title’’.
Pub. L. 107–110 made technical amendment to ref-
erence in original act which appears in text as ref-
erence to section 9003(a)(6) of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
SUBCHAPTER IV—ENFORCEMENT
Editorial Notes
CODIFICATION
Pub. L. 103–382, title II, § 212(b)(2), Oct. 20, 1994, 108
Stat. 3913, redesignated subchapter V of this chapter as
this subchapter.
PRIOR PROVISIONS
A prior subchapter IV, consisting of sections 1233 to
1233h, was repealed by Pub. L. 103–382, title II,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General application to State agency or board** Each local educational agency which participates in an applicable program under which Federal funds are made available to such agency through a State agency or board shall submit to such agency or board a general application containing the assurances set forth in subsection (b). That application shall cover the participation by that local educational agency in all such programs.
**(b) Assurances** The general application submitted by a local educational agency under subsection (a) shall set forth assurances—
(1) that the local educational agency will administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications;
(2) that the control of funds provided to the local educational agency under each program, and title to property acquired with those funds, will be in a public agency and that a public agency will administer those funds and property;
(3) that the local educational agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to that agency under each program;
(4) that the local educational agency will make reports to the State agency or board and to the Secretary as may reasonably be necessary to enable the State agency or board and the Secretary to perform their duties and that the local educational agency will maintain such records, including the records required under [section 1232f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232f&num=0&edition=prelim), and provide access to those records, as the State agency or board or the Secretary deem necessary to perform their duties;
(5) that the local educat
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