20 U.S.C. § 7907

Prohibitions on Federal Government and use of Federal funds

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(a) General prohibition

Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government, including through a grant, contract, or cooperative agreement, 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.

(b) Prohibition on endorsement of curriculum

Notwithstanding any other provision of Federal law, no funds provided to the Department under this chapter may be used by the Department, whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school.

(c) Local controlNothing in this section shall be construed to—(1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, and related activities;(2) limit the application of the General Education Provisions Act (20 U.S.C. 1221 et seq.);(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or(4) create any legally enforceable right.(d) Prohibition on requiring Federal approval or certification of standards(1) In general

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

(2) Rule of construction

Nothing in this chapter shall be construed to prohibit a State, local educational agency, or school from using funds provided under this chapter for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds.

(3) Building standards

Nothing in this chapter shall be construed to mandate national school building standards for a State, local educational agency, or school.

(Pub. L. 89–10, title VIII, § 8527, formerly title IX, § 9527, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII, § 8527, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8024, Dec. 10, 2015, 129 Stat. 2088, 2089, 2113.)Editorial NotesReferences in Text

The General Education Provisions Act, referred to in subsec. (c)(2), is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables.

Prior Provisions

A prior section 7907, Pub. L. 89–10, title IX, § 9207, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3801, related to Native Hawaiian gifted and talented program, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.

Amendments

2015—Pub. L. 114–95, § 8024, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to prohibitions on Federal Government and use of Federal funds.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 8 cases, 2005–2010 · leading case: Sch. Dist. of City of Pontiac v. Sec'y of US Dep't of Educ., 584 F.3d 253 (6th Cir. 2009).

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Sch. Dist. of City of Pontiac v. Sec'y of US Dep't of Educ., 584 F.3d 253 (6th Cir. 2009). · cites it 28× “mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act," 20 U.S.C. § 7907 (a), Plaintiffs filed suit in district court against the Secretary of the United States Department of Education (the "Secretary") seeking a declaratory…”

Sch. Dist. v. Sec'y of the United States Dep't of Educ., 512 F.3d 252 (6th Cir. 2008). · cites it 18× “mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act," 20 U.S.C. § 7907 (a), Plaintiffs filed suit in district court against the Secretary of Education seeking, among other relief, a judgment declaring that they need not…”

Connecticut v. Spellings, 453 F. Supp. 2d 459 (D. Conn. 2006). · cites it 2× “In particular, the State asks the Court to clarify the meaning of the so-called “Unfunded Mandates Provision” of the Act, 20 U.S.C. § 7907 (a), and to declare that the Secretary’s interpretation of that provision is contrary to its plain language and Congress’s intent in…”

Connecticut v. Duncan, 612 F.3d 107 (2d Cir. 2010). “20 U.S.C. § 7907 (a). II Connecticut has accepted substantial Title I educational funds, and has had a plan on file with the Secretary since 2002.”

Connecticut v. Spellings, 549 F. Supp. 2d 161 (D. Conn. 2008). · cites it 4× “20 U.S.C. § 7907 (a). B. Relevant Regulations Under the Act Congress empowered the Secretary to “issue such regulations as are necessary to reasonably ensure that there is compli- *166 anee” with the Act’s provisions.”

Reading Sch. Dist. v. Dep't of Educ., 875 A.2d 1218 (Pa. Commw. Ct. 2005). “On or about August 19, 2004, RSD, after the required letter appeals, filed an administrative agency appeal of that determination on the grounds that the Department had 1) created an unfunded mandate that is prohibited by 20 U.S.C. § 7907 (a); 2) sanctioned schools that had not…”

Pontiac Sch. Dist v. Sec'y US Dept Ed (6th Cir. 2009). · cites it 14× “mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act,” 20 U.S.C. § 7907 (a), Plaintiffs filed suit in district court against the Secretary of the United States Department of Education (the 1 Plaintiffs consist of nine…”

Pontiac Sch. Dist v. Sec US Dept Ed (6th Cir. 2008). · cites it 9× “mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act,” 20 U.S.C. § 7907 (a), Plaintiffs filed suit in district court against the Secretary of Education seeking, among other relief, a judgment declaring that they need not…”

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