20 U.S.C. § 2306a

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 2306a - Prohibitions

(a) Local control

Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government-

(1) to condition or incentivize the receipt of any grant, contract, or cooperative agreement, or the receipt of any priority or preference under such grant, contract, or cooperative agreement, upon a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school's adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards);

(2) through grants, contracts, or other cooperative agreements, to mandate, direct, or control a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school's specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); or

(3) except as required under sections 2322(b), 2391(b),and 2413 of this title-

(A) to mandate, direct, or control the allocation of State or local resources; or

(B) to mandate that a State or a political subdivision of a State spend any funds or incur any costs not paid for under this chapter.

(b) No preclusion of other assistance

Any State that declines to submit an application to the Secretary for assistance under this chapter shall not be precluded from applying for assistance under any other program administered by the Secretary.

(c) Prohibition on requiring Federal approval or certification of standards

Notwithstanding any other provision of Federal law, no State shall be required to have academic and career and technical content standards or student academic and career and technical achievement standards approved or certified by the Federal Government, in order to receive assistance under this chapter.

(d) Rule of construction

Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the "Administrative Procedure Act") or chapter 8 of title 5, commonly ¹ known as the "Congressional Review Act").

(e) Coherent and rigorous content

For the purposes of this chapter, coherent and rigorous content shall be determined by the State consistent with section 6311(b)(1) of this title.

(f) Congressional notice and comment

(1) Notice to Congress

Not less than 15 business days prior to issuing a notice of proposed rulemaking related to this chapter in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary's intent to issue a notice of proposed rulemaking that shall include-

(A) a copy of the proposed regulation;

(B) the need to issue the regulation;

(C) a description of how the regulation is consistent with the scope of this chapter;

(D) the anticipated burden (including the time, cost, and paperwork burden) the regulation will impose on an eligible agency, institution, or recipient that may be impacted by the regulation, including the potential impact on rural areas;

(E) the anticipated benefits to an eligible agency, institution, or recipient that may be impacted by the regulation, including in rural areas; and

(F) any regulations that will be repealed when the new regulation is issued.

(2) Comment period for Congress

The Secretary shall-

(A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and

(B) include and seek to address all comments submitted by members of Congress in the public rulemaking record for the regulation published in the Federal Register.

(3) Comment and review period; emergency situations

The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall-

(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1);

(B) publish the length of the comment and review period in such notice and in the Federal Register; and

(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.

¹ So in original. Probably should be "title 5 (commonly".

20 U.S.C. § 2306a

Pub. L. 88-210, §8, as added Pub. L. 109-270, §1(b), Aug. 12, 2006, 120 Stat. 690; amended Pub. L. 114-95, title IX, §9215(n)(2), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115-224, §9, title II, §201(b), July 31, 2018, 132 Stat. 1574, 1622.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 8 of Pub. L. 88-210 was classified to section 2307 of this title prior to the general amendment of this chapter by Pub. L. 109-270.

AMENDMENTS2018-Subsec. (a). Pub. L. 115-224, §201(b), which made technical amendment to references in original Act which appeared in text as references to sections 2391(b) and 2413 of this title, could not be executed because of the intervening amendment by Pub. L. 115-224, §9(1), which had already amended those references. See below. Pub. L. 115-224, §9(1), substituted "Federal Government-" for "Federal Government to mandate, direct, or control a State, local educational agency, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter, except as required under sections 2322(b), 2391(b),and 2413 of this title." and added pars. (1) to (3).Subsec. (d). Pub. L. 115-224, §9(2), amended subsec. (d) generally. Prior to amendment, text read as follows: "Nothing in this section shall be construed to affect the requirements under section 2323 of this title."Subsec. (f). Pub. L. 115-224, §9(3), added subsec. (f). 2015-Subsec. (e). Pub. L. 114-95 substituted "section 6311(b)(1) of this title" for "section 6311(b)(1)(D) of this title".

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.

EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95 set out as a note under section 6301 of this title.

Secretary: The term "Secretary" means the Secretary of Education.
eligible agency: The term "eligible agency" means a State board designated or created consistent with State law as the sole State agency responsible for the administration of career and technical education in the State or for the supervision of the administration of career and technical education in the State.
eligible entity: The term "eligible entity" means a consortium that includes the following:(A) Representatives of not less than 2 of the following categories of entities, 1 of which shall serve as the fiscal agent for the consortium:(i) A local educational agency or a consortium of such agencies.(ii) An educational service agency serving secondary school students.(iii) An area career and technical education school or a consortium of such schools.(iv) An Indian Tribe, Tribal organization, or Tribal educational agency.(v) An institution of higher education whose most common degree awarded is an associate degree, or a consortium of such institutions.(vi) An institution of higher education whose most common degree awarded is a bachelor's or higher degree, or a consortium of such institutions.(vii) A State educational agency.(B) One or more business or industry representative partners, which may include representatives of local or regional businesses or industries, including industry or sector partnerships in the local area, local workforce development boards, or labor organizations.(C) One or more stakeholders, which may include-(i) parents and students;(ii) representatives of local agencies serving out-of-school youth, homeless children and youth, and at-risk youth (as defined in section 6472 of this title);(iii) representatives of Indian tribes and Tribal organizations, where applicable;(iv) representatives of minority-serving institutions (as described in paragraphs (1) through (7) of section 1067q(a) of this title), where applicable;(v) representatives of special populations;(vi) representatives of adult career and technical education providers; or(vii) other relevant community stakeholders.
eligible recipient: The term "eligible recipient" means-(A) a local educational agency (including a public charter school that operates as a local educational agency), an area career and technical education school, an educational service agency, an Indian Tribe, Tribal organization, or Tribal educational agency or a consortium, eligible to receive assistance under section 2351 of this title; or(B) an eligible institution or consortium of eligible institutions eligible to receive assistance under section 2352 of this title.