Sec. 2. Prohibitions in the Elementary and Secondary Education Act
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/bill/114/s/144/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 9527 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7907 ) is amended— by striking subsections
(a)and
(b)and inserting the following: An officer or employee of the Federal Government shall not directly or indirectly, through grants, contracts, or other cooperative agreements under this Act (including waivers under section 9401)— mandate, direct, or control a State, local educational agency, or school's academic standards, curriculum, program of instruction, or allocation of State or local resources; mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act; incentivize a State, local educational agency, or school to adopt any specific academic standards or a specific curriculum or program of instruction, which shall include providing any priority, preference, or special consideration during an application process based on any specific academic standards, curriculum, or program of instruction; make financial support available in a manner that is conditioned upon a State, local educational agency, or school's adoption of specific instructional content, academic standards, or curriculum, or on the administration of assessments or tests, even if such requirements are specified in this Act; or mandate or require States to administer assessments or tests to students. Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government directly or indirectly, whether through grants, contracts, or other cooperative agreements under this Act (including waivers under section 9401), to do any activity prohibited under subsection (a). ; and by adding at the end the following: Part A of title I shall be carried out without regard to any requirement that a State carry out academic assessments or that local educational agencies, elementary schools, and secondary schools make adequate yearly progress. . Section 9401 ( 20 U.S.C. 7861 ) is amended by adding at the end the following: The Secretary shall not establish as a condition for granting a waiver under this section— the approval of academic standards by the Federal government; or the administration of assessments or tests to students. Any requirement described in paragraph
(1)that was required for a waiver provided to a State, local educational agency, Indian tribe, or school under this section before the date of enactment of the Local Leadership in Education Act shall be void and have no force of law. The Secretary shall not— enforce any requirement that is void pursuant to subparagraph (A); and require the State, local educational agency, Indian tribe, or school to reapply for a waiver, or to agree to any other condition to replace any requirement that is void pursuant to subparagraph (A), until the end of the period of time specified under the waiver. Any other provisions or requirements of a waiver provided under this section before the date of enactment of the Local Leadership in Education Act that are not affected by subparagraph
(A)shall remain in effect for the period of time specified under the waiver. .
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