§ 7904. School prayer
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/usc/title-20/section-7904A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Guidance The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year thereafter, to State educational agencies, local educational agencies, and the public on constitutionally protected prayer in public elementary schools and secondary schools, including making the guidance available by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner. The guidance shall be reviewed, prior to distribution, by the Office of Legal Counsel of the Department of Justice for verification that the guidance represents the current state of the law concerning constitutionally protected prayer in public elementary schools and secondary schools.
(b)Certification As a condition of receiving funds under this chapter, a local educational agency shall certify in writing to the State educational agency involved that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational agencies that have not filed the certification or against which complaints have been made to the State educational agency that the local educational agencies are not in compliance with this section.
(c)Enforcement The Secretary is authorized and directed to effectuate subsection
(b)by issuing, and securing compliance with, rules or orders with respect to a local educational agency that fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools.
(Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8524, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8021, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)
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- Pub. L. 89–10, title VIII, § 8524
- Pub. L. 107–110, title IX, § 901
- 115 Stat. 1980
- 129 Stat. 2088
- Pub. L. 89–10, title IX, § 9204
- Pub. L. 103–382, title I, § 101
- 108 Stat. 3798
- Pub. L. 107–110
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§ 7904
School prayer
Fed. Reg.×3
Bills×2
Stat. Comp.×2
Stat.×2
Pub. L.×1
Pub. L.Pub. L. 89–10, title VIII, § 8524
Pub. L.Pub. L. 107–110, title IX, § 901
Stat.115 Stat. 1980
Stat.129 Stat. 2088
Pub. L.Pub. L. 89–10, title IX, § 9204
Cites 10 · showing 7Cited by 10 across 5 sources