U.S. Code » Title 20 » Chapter CHAPTER 70— STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER VIII— GENERAL PROVISIONS › Part Part F— Uniform Provisions › Subpart subpart 2— other provisions

20 U.S.C. § 7910

Limitations on national testing or certification for teachers, principals, or other school leaders

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(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 available under this chapter may be used for any purpose relating to a mandatory nationwide test or certification of teachers, principals, other school leaders, or education paraprofessionals, including any planning, development, implementation, or administration of, or incentive regarding, 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 educational 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 NotesPrior 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 education learning centers, prior to the general amendment 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 catchline.

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 making the insertion in the heading of subsec. (a) to reflect the probable intent of Congress.

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 3 cases, 2009–2010 · leading case: Renee v. Duncan, 623 F.3d 787 (9th Cir. 2010).
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Renee v. Duncan, 623 F.3d 787 (9th Cir. 2010). · cites it 6× “at 805 (citing 20 U.S.C. § 7910 ). But that is not the issue.”
Renee v. Duncan, 573 F.3d 903 (9th Cir. 2009). · cites it 4× “See 20 U.S.C. § 7910 (a) ("[N]o funds available to the Department or otherwise available under this chapter may be used for any purpose relating to a mandatory nationwide test or certification of teachers or education paraprofessionals.”
Sonya Renee v. Margaret Spellings (9th Cir. 2009). · cites it 2× “See 20 U.S.C. § 7910 (a) (“[N]o funds available to the Department or otherwise available under this chapter may be used for any purpose relating to a mandatory nationwide test or certification of teachers or education paraprofessionals.”
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