20 U.S.C. § 3403

Relationship with States

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(a) Rights of local governments and educational institutions

It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States.

(b) Curriculum, administration, and personnel; library resources

No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.

The Secretary shall not, during the period within eight months after May 4, 1980, take any action to withhold, suspend, or terminate funds under any program transferred by this chapter by reason of the failure of any State to comply with any applicable law requiring the administration of such a program through a single organizational unit.

(Pub. L. 96–88, title I, § 103, Oct. 17, 1979, 93 Stat. 670.)Editorial NotesCodification

In subsec. (c), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1992–2025 · leading case: United States v. Massood N. Jallali, 478 F. App'x 578 (11th Cir. 2012).

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United States v. Massood N. Jallali, 478 F. App'x 578 (11th Cir. 2012). · cites it 2× “Under 20 U.S.C. § 3403 (b), the United States has no authority or duty to direct, supervise, or control Nova Southeastern University.”

Armstrong v. Accrediting Council for Continuing Educ. & Training, Inc., 980 F. Supp. 53 (D.D.C. 1997). “20 U.S.C. § 3403 (b). This structure for determining whether a school is an “eligible institution” for GSL purposes—involving a carefully-crafted balance between the role of the Secretary and the role of the accreditor—has been affirmatively established by Congress.”

Auburn Univ. v. S. Ass'n of Colleges & Schs., Inc., 489 F. Supp. 2d 1362 (N.D. Ga. 2002). “See 20 U.S.C. § 3403 (a) (“The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other…”

Instituto De Educacion Universal, Inc. v. United States Dep't of Educ., 341 F. Supp. 2d 74 (D.P.R. 2004). “20 U.S.C. § 3403 (b). However, Plaintiffs argument is without merit.”

Mauricio v. Daugaard, 2017 SD 22 (S.D. 2017). · cites it 2× “C § 1232a (2012) (prohibiting provisions from being construed to allow federal control of education) 2 ; 20 U.S.C. § 3403 (a)-(b)(2012) 3 (recognizing that the responsibility for education is reserved to the states and prohibiting the DOE from construing other provisions as…”

Grimes, by & Through Grimes v. Cavazos, 786 F. Supp. 1184 (S.D.N.Y. 1992). “20 U.S.C. § 3403 (b). Accordingly, the court finds that the injury plaintiffs allege is not fairly traceable to the federal defendants’ actions and thus that plaintiffs do not have standing to bring this suit against the federal defendants.”

360 Degree Educ., LLC v. U.S. Dep't of Educ. (N.D. Tex. 2024). · cites it 2× “” See 20 U.S.C. § 3403 (b). The Schools say the Bare Minimum Rule “treats state minimums as federal maximums” and thus “contradicts this limitation by setting a maximum program length” for entities courting students who might receive federal student aid.”

Nat'l Educ. Ass'n, et al. v. P United States Dep't of Educ., et al., 2025 DNH 055 (D.N.H. 2025). · cites it 2× “” 20 U.S.C. § 3403 (a). To that end, DEOA expressly states that the Department lacks authority “to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system.”

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