TITLE 20 - US CODE - CHAPTER 68 - NATIONAL EDUCATION REFORM

TITLE 20 - US CODE - SUBCHAPTER I - NATIONAL EDUCATION GOALS

20 USC 5811 - Purpose

The purpose of this subchapter is to establish National Education Goals.

20 USC 5812 - National Education Goals

The Congress declares that the National Education Goals are the following:
(1) School readiness 

(A) By the year 2000, all children in America will start school ready to learn.
(B) The objectives for this goal are that
(i) all children will have access to high-quality and developmentally appropriate preschool programs that help prepare children for school;
(ii) every parent in the United States will be a childs first teacher and devote time each day to helping such parents preschool child learn, and parents will have access to the training and support parents need; and
(iii) children will receive the nutrition, physical activity experiences, and health care needed to arrive at school with healthy minds and bodies, and to maintain the mental alertness necessary to be prepared to learn, and the number of low-birthweight babies will be significantly reduced through enhanced prenatal health systems.
(2) School completion 

(A) By the year 2000, the high school graduation rate will increase to at least 90 percent.
(B) The objectives for this goal are that
(i) the Nation must dramatically reduce its school dropout rate, and 75 percent of the students who do drop out will successfully complete a high school degree or its equivalent; and
(ii) the gap in high school graduation rates between American students from minority backgrounds and their non-minority counterparts will be eliminated.
(3) Student achievement and citizenship 

(A) By the year 2000, all students will leave grades 4, 8, and 12 having demonstrated competency over challenging subject matter including English, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography, and every school in America will ensure that all students learn to use their minds well, so they may be prepared for responsible citizenship, further learning, and productive employment in our Nations modern economy.
(B) The objectives for this goal are that
(i) the academic performance of all students at the elementary and secondary level will increase significantly in every quartile, and the distribution of minority students in each quartile will more closely reflect the student population as a whole;
(ii) the percentage of all students who demonstrate the ability to reason, solve problems, apply knowledge, and write and communicate effectively will increase substantially;
(iii) all students will be involved in activities that promote and demonstrate good citizenship, good health, community service, and personal responsibility;
(iv) all students will have access to physical education and health education to ensure they are healthy and fit;
(v) the percentage of all students who are competent in more than one language will substantially increase; and
(vi) all students will be knowledgeable about the diverse cultural heritage of this Nation and about the world community.
(4) Teacher education and professional development 

(A) By the year 2000, the Nations teaching force will have access to programs for the continued improvement of their professional skills and the opportunity to acquire the knowledge and skills needed to instruct and prepare all American students for the next century.
(B) The objectives for this goal are that
(i) all teachers will have access to preservice teacher education and continuing professional development activities that will provide such teachers with the knowledge and skills needed to teach to an increasingly diverse student population with a variety of educational, social, and health needs;
(ii) all teachers will have continuing opportunities to acquire additional knowledge and skills needed to teach challenging subject matter and to use emerging new methods, forms of assessment, and technologies;
(iii) States and school districts will create integrated strategies to attract, recruit, prepare, retrain, and support the continued professional development of teachers, administrators, and other educators, so that there is a highly talented work force of professional educators to teach challenging subject matter; and
(iv) partnerships will be established, whenever possible, among local educational agencies, institutions of higher education, parents, and local labor, business, and professional associations to provide and support programs for the professional development of educators.
(5) Mathematics and science 

(A) By the year 2000, United States students will be first in the world in mathematics and science achievement.
(B) The objectives for this goal are that
(i) mathematics and science education, including the metric system of measurement, will be strengthened throughout the system, especially in the early grades;
(ii) the number of teachers with a substantive background in mathematics and science, including the metric system of measurement, will increase by 50 percent; and
(iii) the number of United States undergraduate and graduate students, especially women and minorities, who complete degrees in mathematics, science, and engineering will increase significantly.
(6) Adult literacy and lifelong learning 

(A) By the year 2000, every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship.
(B) The objectives for this goal are that
(i) every major American business will be involved in strengthening the connection between education and work;
(ii) all workers will have the opportunity to acquire the knowledge and skills, from basic to highly technical, needed to adapt to emerging new technologies, work methods, and markets through public and private educational, vocational, technical, workplace, or other programs;
(iii) the number of quality programs, including those at libraries, that are designed to serve more effectively the needs of the growing number of part-time and midcareer students will increase substantially;
(iv) the proportion of the qualified students, especially minorities, who enter college, who complete at least two years, and who complete their degree programs will increase substantially;
(v) the proportion of college graduates who demonstrate an advanced ability to think critically, communicate effectively, and solve problems will increase substantially; and
(vi) schools, in implementing comprehensive parent involvement programs, will offer more adult literacy, parent training and life-long learning opportunities to improve the ties between home and school, and enhance parents work and home lives.
(7) Safe, disciplined, and alcohol- and drug-free schools 

(A) By the year 2000, every school in the United States will be free of drugs, violence, and the unauthorized presence of firearms and alcohol and will offer a disciplined environment conducive to learning.
(B) The objectives for this goal are that
(i) every school will implement a firm and fair policy on use, possession, and distribution of drugs and alcohol;
(ii) parents, businesses, governmental and community organizations will work together to ensure the rights of students to study in a safe and secure environment that is free of drugs and crime, and that schools provide a healthy environment and are a safe haven for all children;
(iii) every local educational agency will develop and implement a policy to ensure that all schools are free of violence and the unauthorized presence of weapons;
(iv) every local educational agency will develop a sequential, comprehensive kindergarten through twelfth grade drug and alcohol prevention education program;
(v) drug and alcohol curriculum should be taught as an integral part of sequential, comprehensive health education;
(vi) community-based teams should be organized to provide students and teachers with needed support; and
(vii) every school should work to eliminate sexual harassment.
(8) Parental participation 

(A) By the year 2000, every school will promote partnerships that will increase parental involvement and participation in promoting the social, emotional, and academic growth of children.
(B) The objectives for this Goal are that
(i) every State will develop policies to assist local schools and local educational agencies to establish programs for increasing partnerships that respond to the varying needs of parents and the home, including parents of children who are disadvantaged or bilingual, or parents of children with disabilities;
(ii) every school will actively engage parents and families in a partnership which supports the academic work of children at home and shared educational decisionmaking at school; and
(iii) parents and families will help to ensure that schools are adequately supported and will hold schools and teachers to high standards of accountability.

TITLE 20 - US CODE - SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND ASSESSMENTS

Part A - National Education Goals Panel

5821 to 5827. Repealed. Pub. L. 107110, title X, 1011(4)(A), Jan. 8, 2002, 115 Stat. 1986

Section 5821, Pub. L. 103–227, title II, § 201, Mar. 31, 1994, 108 Stat. 133; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(4)], Apr. 26, 1996, 110 Stat. 1321–211, 1321252; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, set forth purpose of part. Section 5822, Pub. L. 103–227, title II, § 202, Mar. 31, 1994, 108 Stat. 134; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(5)], Apr. 26, 1996, 110 Stat. 1321–211, 1321252; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, established National Education Goals Panel. Section 5823, Pub. L. 103–227, title II, § 203, Mar. 31, 1994, 108 Stat. 136; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(6)], Apr. 26, 1996, 110 Stat. 1321–211, 1321252; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, set forth duties of Panel. Section 5824, Pub. L. 103–227, title II, § 204, Mar. 31, 1994, 108 Stat. 136; Pub. L. 103–382, title III, § 361(b)(1), Oct. 20, 1994, 108 Stat. 3974; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(7)], Apr. 26, 1996, 110 Stat. 1321–211, 1321252; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to powers of Panel. Section 5825, Pub. L. 103–227, title II, § 205, Mar. 31, 1994, 108 Stat. 137, set forth administrative provisions. Section 5826, Pub. L. 103–227, title II, § 206, Mar. 31, 1994, 108 Stat. 138, related to appointment of Director and staff and procurement of experts and consultants. Section 5827, Pub. L. 103–227, title II, § 207, Mar. 31, 1994, 108 Stat. 138, related to assessment of readiness of children for school.

Part B - Leadership in Educational Technology

5861 to 5864. Repealed. Pub. L. 103382, title III, 361(a), Oct. 20, 1994, 108 Stat. 3974

Section 5861, Pub. L. 103–227, title II, § 231, Mar. 31, 1994, 108 Stat. 151; Pub. L. 103–382, title III, § 394(f)(2), Oct. 20, 1994, 108 Stat. 4027, stated purpose of this part to provide leadership in educational technology. Section 5862, Pub. L. 103–227, title II, § 232, Mar. 31, 1994, 108 Stat. 152; Pub. L. 103–382, title III, § 394(f)(3), Oct. 20, 1994, 108 Stat. 4027, related to Federal leadership in use of technology in education. Section 5863, Pub. L. 103–227, title II, § 234, Mar. 31, 1994, 108 Stat. 155, related to uses of funds. Section 5864, Pub. L. 103–227, title II, § 235, Mar. 31, 1994, 108 Stat. 156, related to non-Federal share of cost of activities assisted under grants or contracts under this part.

Part C - Authorization of Appropriations

20 USC 5871 - Repealed. Pub. L. 107110, title X, 1011(4)(A), Jan. 8, 2002, 115 Stat. 1986

Section, Pub. L. 103–227, title II, § 241, Mar. 31, 1994, 108 Stat. 156; Pub. L. 104–134, title I, § 101(d) [title VII, 701(3)], Apr. 26, 1996, 110 Stat. 1321–211, 1321251; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, authorized appropriations.

TITLE 20 - US CODE - SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

5881 to 5891. Repealed. Pub. L. 106113, div. B, 1000(a)(4) [title III, 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A265

Section 5881, Pub. L. 103–227, title III, § 301, Mar. 31, 1994, 108 Stat. 157, related to congressional findings. Section 5882, Pub. L. 103–227, title III, § 302, Mar. 31, 1994, 108 Stat. 158, stated purpose of subchapter. Section 5883, Pub. L. 103–227, title III, § 303, Mar. 31, 1994, 108 Stat. 158, related to authorization of appropriations. Section 5884, Pub. L. 103–227, title III, § 304, Mar. 31, 1994, 108 Stat. 158; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(8), 704], Apr. 26, 1996, 110 Stat. 1321–211, 1321252, 1321255; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to allotment of funds. Section 5885, Pub. L. 103–227, title III, § 305, Mar. 31, 1994, 108 Stat. 159; Pub. L. 104–134, title I, § 101(d) [title VII, 705(b)], Apr. 26, 1996, 110 Stat. 1321–211, 1321256; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to State applications. Section 5886, Pub. L. 103–227, title III, § 306, Mar. 31, 1994, 108 Stat. 160; Pub. L. 104–134, title I, § 101(d) [title VII, 702(a), 703 (a)(9), 705 (a)], Apr. 26, 1996, 110 Stat. 1321–211, 1321251, 1321253, 1321256; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to State improvement plans. Section 5887, Pub. L. 103–227, title III, § 307, Mar. 31, 1994, 108 Stat. 167; Pub. L. 104–134, title I, § 101(d) [title VII, 705(c)], Apr. 26, 1996, 110 Stat. 1321–211, 1321256; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to Secretarys review of applications and payments. Section 5888, Pub. L. 103–227, title III, § 308, Mar. 31, 1994, 108 Stat. 168; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(10)], Apr. 26, 1996, 110 Stat. 1321–211, 1321253; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to State use of funds. Section 5889, Pub. L. 103–227, title III, § 309, Mar. 31, 1994, 108 Stat. 169; Pub. L. 103–382, title III, § 361(c), Oct. 20, 1994, 108 Stat. 3975; Pub. L. 104–134, title I, § 101(d) [title VII, 702(b), 703 (a)(11)], Apr. 26, 1996, 110 Stat. 1321–211, 1321251, 1321253; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to subgrants for local reform and professional development. Section 5890, Pub. L. 103–227, title III, § 310, Mar. 31, 1994, 108 Stat. 174; Pub. L. 103–382, title III, § 394(f)(4), Oct. 20, 1994, 108 Stat. 4028, related to availability of information and training. Section 5891, Pub. L. 103–227, title III, § 311, Mar. 31, 1994, 108 Stat. 174; Pub. L. 103–382, title III, § 394(f)(5), Oct. 20, 1994, 108 Stat. 4028, related to waivers of statutory and regulatory requirements.

20 USC 5891a - Definitions

In this Act:
(1) Local educational agency; State educational agency; outlying area 
The terms local educational agency, State educational agency, and outlying area have the meanings given the terms in section 7801 of this title.
(2) Eligible school attendance area; school attendance area 
The terms eligible school attendance area and school attendance area have the meanings given the terms in section 6313 (a)(2) of this title.
(3) Secretary 
The term Secretary means the Secretary of Education.
(4) State 
The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area.

20 USC 5891b - Education flexibility partnership

(a) Educational flexibility program 

(1) Program authorized 

(A) In general 
The Secretary may carry out an educational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection (b) of this section, other than requirements described in subsection (c) of this section, for any local educational agency or school within the State.
(B) Designation 
Each eligible State participating in the program described in subparagraph (A) shall be known as an Ed-Flex Partnership State.
(2) Eligible State 
For the purpose of this section the term eligible State means a State that
(A) has
(i) developed and implemented the challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 (b)], and for which local educational agencies in the State are producing the individual school performance profiles required by section 1116(a)(3) of such Act;[1] or
(ii) 
(I) developed and implemented the content standards described in clause (i);
(II) developed and implemented interim assessments; and
(III) made substantial progress (as determined by the Secretary) toward developing and implementing the performance standards and final aligned assessments described in clause (i), and toward having local educational agencies in the State produce the profiles described in clause (i);
(B) holds local educational agencies and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (4) and for engaging in technical assistance and corrective actions consistent with section 1116 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6316], for the local educational agencies and schools that do not make adequate yearly progress as described in section 1111(b)(2) of such Act [20 U.S.C. 6311 (b)(2)]; and
(C) waives State statutory or regulatory requirements relating to education while holding local educational agencies or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers.
(3) State application 

(A) In general 
Each State educational agency desiring to participate in the educational flexibility program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes
(i) a description of the process the State educational agency will use to evaluate applications from local educational agencies or schools requesting waivers of
(I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and
(II) State statutory or regulatory requirements relating to education;
(ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive;
(iii) a description of clear educational objectives the State intends to meet under the educational flexibility plan;
(iv) a description of how the educational flexibility plan is consistent with and will assist in implementing the State comprehensive reform plan or, if a State does not have a comprehensive reform plan, a description of how the educational flexibility plan is coordinated with activities described in section 1111(b) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 (b)];
(v) a description of how the State educational agency will evaluate, (consistent with the requirements of title I of the Elementary and Secondary Education Act of 1965) [20 U.S.C. 6301 et seq.], the performance of students in the schools and local educational agencies affected by the waivers; and
(vi) a description of how the State educational agency will meet the requirements of paragraph (8).
(B) Approval and considerations 
The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies and schools within the State in carrying out comprehensive educational reform, after considering
(i) the eligibility of the State as described in paragraph (2);
(ii) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A);
(iii) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan;
(iv) the degree to which the States objectives described in subparagraph (A)(iii)
(I) are clear and have the ability to be assessed; and
(II) take into account the performance of local educational agencies or schools, and students, particularly those affected by waivers;
(v) the significance of the State statutory or regulatory requirements relating to education that will be waived; and
(vi) the quality of the State educational agencys process for approving applications for waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers.
(4) Local application 

(A) In general 
Each local educational agency or school requesting a waiver of a Federal statutory or regulatory requirement as described in paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such application shall
(i) indicate each Federal program affected and each statutory or regulatory requirement that will be waived;
(ii) describe the purposes and overall expected results of waiving each such requirement;
(iii) describe, for each school year, specific, measurable, educational goals for each local educational agency or school affected by the proposed waiver, and for the students served by the local educational agency or school who are affected by the waiver;
(iv) explain why the waiver will assist the local educational agency or school in reaching such goals; and
(v) in the case of an application from a local educational agency, describe how the local educational agency will meet the requirements of paragraph (8).
(B) Evaluation of applications 
A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with the States educational flexibility plan described in paragraph (3)(A).
(C) Approval 
A State educational agency shall not approve an application for a waiver under this paragraph unless
(i) the local educational agency or school requesting such waiver has developed a local reform plan that is applicable to such agency or school, respectively;
(ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency or school in reaching its educational goals, particularly goals with respect to school and student performance; and
(iii) the State educational agency is satisfied that the underlying purposes of the statutory requirements of each program for which a waiver is granted will continue to be met.
(D) Termination 
The State educational agency shall annually review the performance of any local educational agency or school granted a waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) in accordance with the evaluation requirement described in paragraph (3)(A)(v), and shall terminate any waiver granted to the local educational agency or school if the State educational agency determines, after notice and an opportunity for a hearing, that the local educational agency or schools performance with respect to meeting the accountability requirement described in paragraph (2)(C) and the goals described in paragraph (4)(A)(iii)
(i) has been inadequate to justify continuation of such waiver; or
(ii) has decreased for two consecutive years, unless the State educational agency determines that the decrease in performance was justified due to exceptional or uncontrollable circumstances.
(5) Oversight and reporting 

(A) Oversight 
Each State educational agency participating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies and schools receiving waivers under this section.
(B) State reports 

(i) Annual reports The State educational agency shall submit to the Secretary an annual report on the results of such oversight and the impact of the waivers on school and student performance.
(ii) Performance data Not later than 2 years after the date a State is designated an Ed-Flex Partnership State, each such State shall include, as part of the States annual report submitted under clause (i), data demonstrating the degree to which progress has been made toward meeting the States educational objectives. The data, when applicable, shall include
(I) information on the total number of waivers granted for Federal and State statutory and regulatory requirements under this section, including the number of waivers granted for each type of waiver;
(II) information describing the effect of the waivers on the implementation of State and local educational reforms pertaining to school and student performance;
(III) information describing the relationship of the waivers to the performance of schools and students affected by the waivers; and
(IV) an assurance from State program managers that the data reported under this section are reliable, complete, and accurate, as defined by the State, or a description of a plan for improving the reliability, completeness, and accuracy of such data as defined by the State.
(C) Secretary’s reports 
The Secretary, not later than 2 years after April 29, 1999, and annually thereafter, shall
(i) make each State report submitted under subparagraph (B) available to Congress and the public; and
(ii) submit to Congress a report that summarizes the State reports and describes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the performance of students affected by the waivers.
(6) Duration of Federal waivers 

(A) In general 
The Secretary shall not approve the application of a State educational agency under paragraph (3) for a period exceeding 5 years, except that the Secretary may extend such period if the Secretary determines that such agencys authority to grant waivers
(i) has been effective in enabling such State or affected local educational agencies or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(C); and
(ii) has improved student performance.
(B) Performance review 
Three years after the date a State is designated an Ed-Flex Partnership State, the Secretary shall review the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and shall terminate such agencys authority to grant such waivers if the Secretary determines, after notice and an opportunity for a hearing, that such agencys performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority.
(C) Renewal 
In deciding whether to extend a request for a State educational agencys authority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational agency
(i) has made progress toward achieving the objectives described in the application submitted pursuant to paragraph (3)(A)(iii); and
(ii) demonstrates in the request that local educational agencies or schools affected by the waiver authority or waivers have made progress toward achieving the desired results described in the application submitted pursuant to paragraph (4)(A)(iii).
(7) Authority to issue waivers 
Notwithstanding any other provision of law, the Secretary is authorized to carry out the educational flexibility program under this section for each of the fiscal years 1999 through 2004.
(8) Public notice and comment 
Each State educational agency seeking waiver authority under this section and each local educational agency seeking a waiver under this section
(A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a description of the agencys application for the proposed waiver authority or waiver in a widely read or distributed medium, including a description of any improved student performance that is expected to result from the waiver authority or waiver;
(B) shall provide the opportunity for parents, educators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver;
(C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law specifying how the comments may be received, and how the comments may be reviewed by any member of the public; and
(D) shall submit the comments received with the agencys application to the Secretary or the State educational agency, as appropriate.
(b) Included programs 
The statutory or regulatory requirements referred to in subsection (a)(1)(A) of this section are any such requirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State educational agencies on the basis of a formula:
(1) The following provisions of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]:
(A) Part A [20 U.S.C. 6311 et seq.] (other than sections 1111 and 1116 [20 U.S.C. 6311, 6316]), subpart 3 of part B [20 U.S.C. 6381 et seq.], and parts C, D, and F [20 U.S.C. 6391 et seq., 6421 et seq., 6511 et seq.] of title I.
(B) Subparts 2 and 3 of part A of title II [20 U.S.C. 6621 et seq., 6631 et seq.].
(C) Subpart 1 of part D of title II [20 U.S.C. 6761 et seq.].
(D) Subpart 4 of part B of title III [20 U.S.C. 6961 et seq.], if the funding trigger in section 3001 of such Act [20 U.S.C. 6801] is not reached.
(E) Subpart 1 of part A of title IV [20 U.S.C. 7111 et seq.].
(F) Part A of title V [20 U.S.C. 7201 et seq.].
(2) The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
(c) Waivers not authorized 
The Secretary and the State educational agency may not waive under subsection (a)(1)(A) of this section any statutory or regulatory requirement
(1) relating to
(A) maintenance of effort;
(B) comparability of services;
(C) equitable participation of students and professional staff in private schools;
(D) parental participation and involvement;
(E) distribution of funds to States or to local educational agencies;
(F) serving eligible school attendance areas in rank order under section 1113(a)(3) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313 (a)(3)];
(G) the selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313 (a), (b)], except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I of such Act [20 U.S.C. 6311 et seq.] if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such subsections (a) and (b) of this section;
(H) use of Federal funds to supplement, not supplant, non-Federal funds; and
(I) applicable civil rights requirements; and
(2) unless the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary.
(d) Treatment of existing Ed-Flex Partnership States 

(1) In general 
Except as provided in paragraphs (3) and (4), this section shall not apply to a State educational agency that has been granted waiver authority under the provisions of law described in paragraph (2) for the duration of the waiver authority.
(2) Applicable provisions 
The provisions of law referred to in paragraph (1) are as follows:
(A) Section 311(e) of the Goals 2000: Educate America Act.
(B) The proviso referring to such section 311 (e) under the heading education reform in the Department of Education Appropriations Act, 1996 (Public Law 104134; 110 Stat. 1321–229).
(3) Special rule 
If a State educational agency granted waiver authority pursuant to the provisions of law described in subparagraph (A) or (B) of paragraph (2) applies to the Secretary for waiver authority under this section
(A) the Secretary shall review the progress of the State educational agency in achieving the objectives set forth in the application submitted pursuant to section 311(e) of the Goals 2000: Educate America Act; and
(B) the Secretary shall administer the waiver authority granted under this section in accordance with the requirements of this section.
(4) Technology 
In the case of a State educational agency granted waiver authority under the provisions of law described in subparagraph (A) or (B) of paragraph (2), the Secretary shall permit a State educational agency to expand, on or after April 29, 1999, the waiver authority to include programs under subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (other than section 3136 of such Act).[1]
(e) Publication 
A notice of the Secretarys decision to authorize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to approve applications under subsection (a)(3)(B) of this section, shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public.
[1] See References in Text note below.

5892 to 5895. Repealed. Pub. L. 106113, div. B, 1000(a)(4) [title III, 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A265

Section 5892, Pub. L. 103–227, title III, § 312, Mar. 31, 1994, 108 Stat. 178; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(12), 705 (d)], Apr. 26, 1996, 110 Stat. 1321–211, 1321253, 1321257; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to progress reports. Section 5893, Pub. L. 103–227, title III, § 313, Mar. 31, 1994, 108 Stat. 179, related to technical and other assistance regarding school finance equity. Section 5894, Pub. L. 103–227, title III, § 314, Mar. 31, 1994, 108 Stat. 180; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(13)], Apr. 26, 1996, 110 Stat. 1321–211, 1321253; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to national leadership. Section 5895, Pub. L. 103–227, title III, § 315, Mar. 31, 1994, 108 Stat. 181; Pub. L. 103–382, title III, § 384, Oct. 20, 1994, 108 Stat. 4018; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(14)], Apr. 26, 1996, 110 Stat. 1321–211, 1321253; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to assistance to outlying areas and to Secretary of the Interior.

20 USC 5896 - Repealed. Pub. L. 104134, title I, 101(d) [title VII, 703(a)(15)(A)], Apr. 26, 1996, 110 Stat. 1321211, 1321254; renumbered title I, Pub. L. 104140, 1(a), May 2, 1996, 110 Stat. 1327

Section, Pub. L. 103–227, title III, § 316, Mar. 31, 1994, 108 Stat. 184, provided that standards or State assessments described in State improvement plan submitted in accordance with section 5886 of this title were not to be required to be certified by Council.

5897 to 5900. Repealed. Pub. L. 106113, div. B, 1000(a)(4) [title III, 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A265

Section 5897, Pub. L. 103–227, title III, § 317, Mar. 31, 1994, 108 Stat. 184; Pub. L. 103–382, title III, § 361(d), Oct. 20, 1994, 108 Stat. 3975; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(16)], Apr. 26, 1996, 110 Stat. 1321–211, 1321254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to State planning for improving student achievement through integration of technology into curriculum. Section 5898, Pub. L. 103–227, title III, § 318, Mar. 31, 1994, 108 Stat. 186, related to prohibition on Federal mandates, direction, and control. Section 5899, Pub. L. 103–227, title III, § 319, Mar. 31, 1994, 108 Stat. 186, related to State and local government control of education. Section 5900, Pub. L. 103–227, title III, § 320, as added Pub. L. 104–134, title I, § 101(d) [title VII, 706], Apr. 26, 1996, 110 Stat. 1321–211, 1321257; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to certain prohibited conditions to receiving assistance and to limitations on Government officials.

TITLE 20 - US CODE - SUBCHAPTER IV - PARENTAL ASSISTANCE

5911 to 5918. Repealed. Pub. L. 106113, div. B, 1000(a)(4) [title III, 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A265

Section 5911, Pub. L. 103–227, title IV, § 401, Mar. 31, 1994, 108 Stat. 187, related to parental information and resource centers. Section 5912, Pub. L. 103–227, title IV, § 402, Mar. 31, 1994, 108 Stat. 187, related to applications. Section 5913, Pub. L. 103–227, title IV, § 403, Mar. 31, 1994, 108 Stat. 189, related to uses of funds. Section 5914, Pub. L. 103–227, title IV, § 404, Mar. 31, 1994, 108 Stat. 189, related to technical assistance. Section 5915, Pub. L. 103–227, title IV, § 405, Mar. 31, 1994, 108 Stat. 189, related to definitions. Section 5916, Pub. L. 103–227, title IV, § 406, Mar. 31, 1994, 108 Stat. 190, related to reports. Section 5917, Pub. L. 103–227, title IV, § 407, Mar. 31, 1994, 108 Stat. 190, related to general provisions prohibiting required participation in any program of parent education or developmental screening or any action infringing on the right of a parent to direct the education of their children. Section 5918, Pub. L. 103–227, title IV, § 408, Mar. 31, 1994, 108 Stat. 191, related to authorization of appropriations.

TITLE 20 - US CODE - SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

5931 to 5939. Repealed. Pub. L. 103227, title V, 509(a), Mar. 31, 1994, 108 Stat. 200

Section 5931, Pub. L. 103–227, title V, § 501, Mar. 31, 1994, 108 Stat. 191, set forth short title of subchapter as National Skill Standards Act of 1994. Section 5932, Pub. L. 103–227, title V, § 502, Mar. 31, 1994, 108 Stat. 191, stated purpose of subchapter. Section 5933, Pub. L. 103–227, title V, § 503, Mar. 31, 1994, 108 Stat. 192; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(17)], Apr. 26, 1996, 110 Stat. 1321–211, 1321254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, established National Skill Standards Board. Section 5934, Pub. L. 103–227, title V, § 504, Mar. 31, 1994, 108 Stat. 195; Pub. L. 104–134, title I, § 101(d) [title VII, 703(a)(18)], Apr. 26, 1996, 110 Stat. 1321–211, 1321254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–277, div. A, 101(f) [title VIII, 405(d)(17)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681422, related to functions of National Skill Standards Board. Section 5935, Pub. L. 103–227, title V, § 505, Mar. 31, 1994, 108 Stat. 199, related to deadline for identifying occupational clusters and promoting development of skill standards for the clusters. Section 5936, Pub. L. 103–227, title V, § 506, Mar. 31, 1994, 108 Stat. 199, related to reports to the President and Congress. Section 5937, Pub. L. 103–227, title V, § 507, Mar. 31, 1994, 108 Stat. 199, authorized appropriations. Section 5938, Pub. L. 103–227, title V, § 508, Mar. 31, 1994, 108 Stat. 200; Pub. L. 105–277, div. A, 101(f) [title VIII, 405(d)(17)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681422, related to definitions for subchapter. Section 5939, Pub. L. 103–227, title V, § 509, Mar. 31, 1994, 108 Stat. 200, repealed this subchapter effective Sept. 30, 1999.

TITLE 20 - US CODE - SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAM

20 USC 5951 - Repealed. Pub. L. 107110, title X, 1011(4)(B), Jan. 8, 2002, 115 Stat. 1986

Section, Pub. L. 103–227, title VI, § 601, Mar. 31, 1994, 108 Stat. 200; Pub. L. 105–277, div. A, 101(f) [title VIII, 301(e)], div. G, subdiv. A, title XIII, 1335(e), Oct. 21, 1998, 112 Stat. 2681–337, 2681410, 2681788, related to International Education Program.

TITLE 20 - US CODE - SUBCHAPTER VII - SAFE SCHOOLS

20 USC 5961 - Short title; statement of purpose

(a) Short title 
This subchapter may be cited as the Safe Schools Act of 1994.
(b) Statement of purpose 
It is the purpose of this subchapter to help local school systems achieve Goal Six[1] of the National Education Goals, which provides that by the year 2000, every school in America will be free of drugs and violence and will offer a disciplined environment conducive to learning, by ensuring that all schools are safe and free of violence.
[1] So in original. Probably should be “Goal Seven”.

20 USC 5962 - Safe schools program authorized

(a) Authority 

(1) In general 
From funds appropriated pursuant to the authority of subsection (b)(1) of this section, the Secretary shall make competitive grants to eligible local educational agencies to enable such agencies to carry out projects and activities designed to achieve Goal Six[1] of the National Education Goals by helping to ensure that all schools are safe and free of violence.
(2) Grant duration and amount 
Grants under this subchapter may not exceed
(A) two fiscal years in duration; and
(B) $3,000,000.
(3) Geographic distribution 
To the extent practicable, grants under this subchapter shall be awarded to eligible local educational agencies serving rural, as well as urban, areas.
(b) Authorization of appropriations and reservation 

(1) Authorization 
There are authorized to be appropriated $50,000,000 for fiscal year 1994 to carry out this subchapter.
(2) Reservation 
The Secretary is authorized in each fiscal year to reserve not more than 10 percent of the amount appropriated pursuant to the authority of paragraph (1) to carry out national activities described in section 5966 of this title, of which 50 percent of such amount shall be available in such fiscal year to carry out the program described in section 5966 (b) of this title.
[1] So in original. Probably should be “Goal Seven”.

20 USC 5963 - Eligible applicants

(a) In general 
To be eligible to receive a grant under this subchapter, a local educational agency shall demonstrate in the application submitted pursuant to section 5964 (a) of this title that such agency
(1) serves an area in which there is a high rate of
(A) homicides committed by persons between the ages 5 to 18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspensions of students from school;
(E) referrals of youth, for disciplinary reasons, to alternative schools; or
(F) victimization of youth by violence, crime, or other forms of abuse; and
(2) has serious school crime, violence, and discipline problems, as indicated by other appropriate data.
(b) Priority 
In awarding grants under this subchapter, the Secretary shall give priority to a local educational agency that submits an application that assures a strong local commitment to the projects or activities assisted under this subchapter, such as
(1) the formation of partnerships among the local educational agency, a community-based organization, a nonprofit">nonprofit organization with a demonstrated commitment to or expertise in developing education programs or providing educational services to students or the public, a local law enforcement agency, or any combination thereof; and
(2) a high level of youth participation in such projects or activities.

20 USC 5964 - Applications and plans

(a) Application 
In order to receive a grant under this subchapter, an eligible local educational agency shall submit to the Secretary an application that includes
(1) an assessment of the current violence and crime problems in the schools to be served by the grant and in the community to be served by the applicant;
(2) an assurance that the applicant has written policies regarding school safety, student discipline, and the appropriate handling of violent or disruptive acts;
(3) a description of the schools and communities to be served by the grant, the activities and projects to be carried out with grant funds, and how these activities and projects will help to reduce the current violence and crime problems in the schools and communities served;
(4) a description of educational materials to be developed in the first most predominate non-English language of the schools and communities to be served by the grant, if applicable;
(5) if the local educational agency receives Federal education funds, an explanation of how activities assisted under this subchapter will be coordinated with and support any systemic education improvement plan prepared with such funds;
(6) the applicants plan to establish school-level advisory committees, which include faculty, parents, staff, and students, for each school to be served by the grant and a description of how each committee will assist in assessing that schools violence and discipline problems as well as in designing appropriate programs, policies, and practices to combat such problems;
(7) the applicants plan for collecting baseline and future data, by individual schools, to monitor violence and discipline problems and to measure the applicants progress in achieving the purpose of this subchapter;
(8) a description of how, in subsequent fiscal years, the grantee will integrate the violence prevention activities the grantee carries out with funds under this subchapter with activities carried out under the grantees comprehensive plan for drug and violence prevention adopted under the Drug-Free Schools and Communities Act of 1986;
(9) a description of how the grantee will coordinate the grantees school crime and violence prevention efforts with education, law enforcement, judicial, health, and social service programs supported under the Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C. 5601 et seq.], and other appropriate agencies and organizations serving the community;
(10) a description of how the grantee will inform parents about the extent of crime and violence in their childrens schools and maximize the participation of parents in the grantees violence prevention activities;
(11) an assurance that grant funds under this subchapter will be used to supplement and not supplant State and local funds that would, in the absence of funds under this subchapter, be made available by the applicant for the purposes of the grant;
(12) an assurance that the applicant will cooperate with, and provide assistance to, the Secretary in gathering statistics and other data the Secretary determines are necessary to determine the effectiveness of projects and activities assisted under this subchapter or the extent of school violence and discipline problems throughout the Nation; and
(13) such other information as the Secretary may require.
(b) Plan 
In order to receive funds under this subchapter for a second year, a grantee shall submit to the Secretary a comprehensive, long-term, school safety plan for reducing and preventing school violence and discipline problems. Such plan shall contain a description of how the grantee will coordinate the grantees school crime and violence prevention efforts with education, law-enforcement, judicial, health, social service, and other appropriate agencies and organizations serving the community.

20 USC 5965 - Use of funds

(a) In general 
A local educational agency shall use grant funds received under this subchapter for one or more of the following activities:
(1) Identifying and assessing school violence and discipline problems, including coordinating needs assessment activities with education, law enforcement, judicial, health, social service, and other appropriate agencies and organizations, juvenile justice programs, and gang prevention activities.
(2) Conducting school safety reviews or violence prevention reviews of programs, policies, practices, and facilities to determine what changes are needed to reduce or prevent violence and promote safety and discipline.
(3) Planning for comprehensive, long-term strategies for addressing and preventing school violence and discipline problems through the involvement and coordination of school programs with other education, law enforcement, judicial, health, social service, and other appropriate agencies and organizations.
(4) Training school personnel in programs of demonstrated effectiveness in addressing violence, including violence prevention, conflict resolution, anger management, peer mediation, and identification of high-risk youth.
(5) Activities which involve parents in efforts to promote school safety and prevent school violence.
(6) Community education programs, including video- and technology-based projects, informing parents, businesses, local government, the media and other appropriate entities about
(A) the local educational agencys plan to promote school safety and reduce and prevent school violence and discipline problems; and
(B) the need for community support.
(7) Coordination of school-based activities designed to promote school safety and reduce or prevent school violence and discipline problems with related efforts of education, law enforcement, judicial, health, social service, and other appropriate agencies and organizations and juvenile justice programs.
(8) Developing and implementing violence prevention activities and materials, including
(A) conflict resolution and social skills development for students, teachers, aides, other school personnel, and parents;
(B) disciplinary alternatives to expulsion and suspension of students who exhibit violent or antisocial behavior;
(C) student-led activities such as peer mediation, peer counseling, and student courts; or
(D) alternative after-school programs that provide safe havens for students, which may include cultural, recreational, educational and instructional activities, and mentoring and community service programs.
(9) Educating students and parents regarding the dangers of guns and other weapons and the consequences of their use.
(10) Developing and implementing innovative curricula to prevent violence in schools and training staff how to stop disruptive or violent behavior if such behavior occurs.
(11) Supporting safe zones of passage for students between home and school through such measures as Drug- and Weapon-Free School Zones, enhanced law enforcement, and neighborhood patrols.
(12) Counseling programs for victims and witnesses of school violence and crime.
(13) Acquiring and installing metal detectors and hiring security personnel.
(14) Reimbursing law enforcement authorities for their personnel who participate in school violence prevention activities.
(15) Evaluating projects and activities assisted under this subchapter.
(16) The cost of administering projects or activities assisted under this subchapter.
(17) Other projects or activities that meet the purpose of this subchapter.
(b) Limitations 

(1) In general 
A local educational agency may use not more than
(A) a total of 5 percent of grant funds received under this subchapter in each fiscal year for activities described in paragraphs (11), (13), and (14) of subsection (a) of this section; and
(B) 5 percent of grant funds received under this subchapter in each fiscal year for activities described in paragraph (16) of subsection (a) of this section.
(2) Special rule 
A local educational agency shall only be able to use grant funds received under this subchapter for activities described in paragraphs (11), (13), and (14) of subsection (a) of this section if funding for such activities is not available from other Federal sources.
(3) Prohibition 
A local educational agency may not use grant funds received under this subchapter for construction.

20 USC 5966 - National activities

(a) National activities 

(1) In general 
To carry out the purpose of this subchapter, the Secretary
(A) is authorized to use funds reserved under section 5962 (b)(2) of this title to
(i) conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, dissemination (through appropriate research entities assisted by the Department of Education) of information on successful projects, activities, and strategies developed pursuant to this subchapter;
(ii) provide grants to noncommercial telecommunications entities for the production and distribution of national video-based projects that provide young people with models for conflict resolution and responsible decisionmaking; and
(iii) conduct peer review of applications under this subchapter; and
(B) shall develop a written safe schools model so that all schools can develop models that enable all students to participate regardless of any language barrier.
(2) Special rule 
The Secretary may carry out the activities described in paragraph (1) directly, through interagency agreements, or through grants, contracts or cooperative agreements.
(b) National model city 
The Secretary shall designate the District of Columbia as a national model city and shall provide funds made available pursuant to section 5962 (b)(2) of this title in each fiscal year to a local educational agency serving the District of Columbia in an amount sufficient to enable such agency to carry out a comprehensive program to address school and youth violence.

20 USC 5967 - Reports

(a) Report to Secretary 
Each local educational agency that receives funds under this subchapter shall submit to the Secretary a report not later than March 1, 1995, that describes progress achieved in carrying out the plan described in section 5964 (b) of this title.
(b) Report to Congress 
The Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report not later than October 1, 1995, which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under section 5964 (a) of this title, and an evaluation of programs assisted under this subchapter.

20 USC 5968 - Coordination of Federal assistance

The Secretary, as a member of the Coordinating Council on Juvenile Justice and Delinquency Prevention of the Department of Justice, shall coordinate the programs and activities carried out under this subchapter with the programs and activities carried out by the departments and offices represented within the Council that provide assistance under other Federal law for purposes that are determined by the Secretary to be similar to the purpose of this subchapter, in order to avoid redundancy and coordinate Federal assistance, research, and programs for youth violence prevention.

TITLE 20 - US CODE - SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

20 USC 5981 - Short title

This subchapter may be cited as the Minority-Focused Civics Education Act of 1994.

20 USC 5982 - Purposes

It is the purpose of this subchapter
(1) to encourage improved instruction for minorities and Native Americans in American government and civics through a national program of accredited summer teacher training and staff development seminars or institutes followed by academic year inservice training programs conducted on college and university campuses or other appropriate sites, for
(A) social studies and other teachers responsible for American history, government, and civics classes; and
(B) other educators who work with minority and Native American youth; and
(2) through such improved instruction to improve minority and Native American student knowledge and understanding of the American system of government.

20 USC 5983 - Grants authorized; authorization of appropriations

(a) Grants authorized 

(1) In general 
The Secretary is authorized to make grants to eligible entities for the development and implementation of seminars in American government and civics for elementary and secondary school teachers and other educators who work with minority and Native American students.
(2) Award rule 
In awarding grants under this subchapter, the Secretary shall ensure that there is wide geographic distribution of such grants.
(b) Authorization of appropriations 
There are authorized to be appropriated $5,000,000 for fiscal 1995, and such sums as may be necessary for each of the fiscal years 1996, 1997, and 1998, to carry out this subchapter.

20 USC 5984 - Definitions

For purposes of this subchapter
(1) the term eligible entity means a State educational agency, an institution of higher education or a State higher education agency, or a public or private nonprofit">nonprofit organization, with experience in coordinating or conducting teacher training seminars in American government and civics education, or a consortium thereof; and
(2) the term State higher education agency means the officer or agency primarily responsible for the State supervision of higher education.

20 USC 5985 - Applications

(a) Application required 
Each eligible entity desiring a grant under this subchapter shall submit an application to the Secretary, at such time, in such manner and containing or accompanied by such information as the Secretary may reasonably require.
(b) Contents of application 
Each application submitted pursuant to subsection (a) of this section shall
(1) define the learning objectives and course content of each seminar to be held and describe the manner in which seminar participants shall receive substantive academic instruction in the principles, institutions and processes of American government;
(2) provide assurances that educators successfully participating in each seminar will qualify for either graduate credit or professional development or advancement credit according to the criteria established by a State or local educational agency;
(3) describe the manner in which seminar participants shall receive exposure to a broad array of individuals who are actively involved in the political process, including political party representatives drawn equally from the major political parties, as well as representatives of other organizations involved in the political process;
(4) provide assurances that the seminars will be conducted on a nonpartisan basis;
(5) describe the manner in which the seminars will address the role of minorities or Native Americans in the American political process, including such topics as
(A) the history and current political state of minorities or Native Americans;
(B) recent research on minority or Native American political socialization patterns and cognitive learning styles; and
(C) studies of political participation patterns of minorities or Native Americans;
(6) describe the pedagogical elements for teachers that will enable teachers to develop effective strategies and lesson plans for teaching minorities or Native American students at the elementary and secondary school levels;
(7) identify the eligible entities which will conduct the seminars for which assistance is sought;
(8) in the case that the eligible entity is an institution of higher education, describe the plans for collaborating with national organizations in American government and civics education;
(9) provide assurances that during the academic year educators participating in the summer seminars will provide inservice training programs based upon what such educators have learned and the curricular materials such educators have developed or acquired for their peers in their school systems with the approval and support of their school administrators; and
(10) describe the activities or services for which assistance is sought, including activities and services such as
(A) development of seminar curricula;
(B) development and distribution of instructional materials;
(C) scholarships for participating teachers; and
(D) program assessment and evaluation.
(c) Priority 
The Secretary, in approving applications for assistance under this subchapter, shall give priority to applications which demonstrate that
(1) the applicant will serve teachers who teach in schools with a large number or concentration of economically disadvantaged students;
(2) the applicant has demonstrated national experience in conducting or coordinating accredited summer seminars in American government or civics education for elementary and secondary school teachers;
(3) the applicant will coordinate or conduct seminars on a national or multistate basis through a collaboration with an institution of higher education, State higher education agency or a public or private nonprofit">nonprofit organization, with experience in coordinating or conducting teacher training programs in American government and civics education;
(4) the applicant will coordinate or conduct seminars designed for more than one minority student population and for Native Americans; and
(5) the applicant will coordinate or conduct seminars that offer a combination of academic instruction in American government, exposure to the practical workings of the political system, and training in appropriate pedagogical techniques for working with minority and Native American students.

TITLE 20 - US CODE - SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part A - General Provisions Regarding Office of Educational Research and Improvement

20 USC 6011 - Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section, Pub. L. 103–227, title IX, § 912, Mar. 31, 1994, 108 Stat. 213; Pub. L. 103–382, title II, § 271(a)(3)(B), Oct. 20, 1994, 108 Stat. 3929, stated policy and purpose of Office of Educational Research and Improvement and set forth provisions relating to employees, publications, reports on activities, research, coordination of activities, evaluations, definitions, and appropriations.

Part B - National Educational Research Policy and Priorities Board

20 USC 6021 - Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section, Pub. L. 103–227, title IX, § 921, Mar. 31, 1994, 108 Stat. 223, established National Educational Research Policy and Priorities Board.

Part C - National Research Institutes

20 USC 6031 - Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section, Pub. L. 103–227, title IX, § 931, Mar. 31, 1994, 108 Stat. 227, established the National Institute on Student Achievement, Curriculum, and Assessment, the National Institute on the Education of At-Risk Students, the National Institute on Educational Governance, Finance, Policy-Making, and Management, the National Institute on Early Childhood Development and Education, and the National Institute on Postsecondary Education, Libraries, and Lifelong Education.

Part D - National Education Dissemination System

20 USC 6041 - Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section, Pub. L. 103–227, title IX, § 941, Mar. 31, 1994, 108 Stat. 243; Pub. L. 105–277, div. A, 101(f) [title VIII, 301(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681410, established Office of Reform Assistance and Dissemination.

Part E - National Library of Education

20 USC 6051 - Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section, Pub. L. 103–227, title IX, § 951, Mar. 31, 1994, 108 Stat. 260, established within the Department of Education a National Library of Education.

Part F - Certain Multiyear Grants and Contracts

20 USC 6052 - Continuation of awards

(a) In general 
Notwithstanding any other provision of law, from funds appropriated under subsection (b) of this section, the Secretary
(1) shall continue to fund any multiyear grant or contract awarded under section 3141 and parts A and C of title XIII of the Elementary and Secondary Education Act of 1965 (as such provisions were in effect on the day preceding January 8, 2002), for the duration of that multiyear award in accordance with its terms; and
(2) may extend, on a year-to-year basis, any multiyear grant or contract awarded under an authority described in paragraph (1) that expires after January 8, 2002, but before the enactment of successor authority to this subchapter.[1]
(b) Authorization of appropriations 
There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subsection (a) of this section.
[1] See References in Text note below.

Part G - Comprehensive Regional Assistance Centers

6053 to 6053e. Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section 6053, Pub. L. 103–227, title IX, § 1001, formerly Pub. L. 89–10, title XIII, § 13101, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3877; renumbered Pub. L. 103–227, title IX, § 1001, and amended Pub. L. 107–110, title X, §§ 1021(a),(b), 1025 (a)(2)(A), (17)(A), (B), (19), Jan. 8, 2002, 115 Stat. 1987–1989, authorized program for establishment of comprehensive regional assistance centers. Section 6053a, Pub. L. 103–227, title IX, § 1002, formerly Pub. L. 89–10, title XIII, § 13102, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3878; renumbered Pub. L. 103–227, title IX, § 1002, and amended Pub. L. 107–110, title X, §§ 1021(a),(b), 1025 (a)(1), (2)(B), (6), (7), (10), (17)(C), (19), Jan. 8, 2002, 115 Stat. 1987–1989, related to requirements of centers. Section 6053b, Pub. L. 103–227, title IX, § 1003, formerly Pub. L. 89–10, title XIII, § 13103, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3879; renumbered Pub. L. 103–227, title IX, § 1003, and amended Pub. L. 107–110, title X, §§ 1021(a),(b), 1025 (a)(8), (10), (16), Jan. 8, 2002, 115 Stat. 1987–1989, related to maintenance of service and application requirements. Section 6053c, Pub. L. 103–227, title IX, § 1004, formerly Pub. L. 89–10, title XIII, § 13104, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3880; renumbered Pub. L. 103–227, title IX, § 1004, and amended Pub. L. 107–110, title X, §§ 1021(a),(b), 1025 (a)(9), (18), Jan. 8, 2002, 115 Stat. 1987–1989, related to transition and phase in of centers. Section 6053d, Pub. L. 103–227, title IX, § 1005, formerly Pub. L. 89–10, title XIII, § 13105, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3880; renumbered Pub. L. 103–227, title IX, § 1005, Pub. L. 107–110, title X, § 1021(a),(b), Jan. 8, 2002, 115 Stat. 1987, authorized appropriations. Section 6053e, Pub. L. 103–227, title IX, § 1006, as added Pub. L. 107–110, title X, § 1021(c), Jan. 8, 2002, 115 Stat. 1987, applied section 7801 definitions to this part.

Part H - National Diffusion Network

6054 to 6054b. Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section 6054, Pub. L. 103–227, title IX, § 1011, formerly Pub. L. 89–10, title XIII, § 13201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3880; renumbered Pub. L. 103–227, title IX, § 1011, and amended Pub. L. 107–110, title X, §§ 1022(a),(b), 1025 (a)(2)(A), (B)(4), (5), (6), (16), (17)(D), (20), Jan. 8, 2002, 115 Stat. 1987–1989, authorized establishment of National Diffusion Network. Another section 1011 of Pub. L. 103–227 is classified to section 6061 of this title. Section 6054a, Pub. L. 103–227, title IX, § 1012, formerly Pub. L. 89–10, title XIII, § 13202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3882; renumbered Pub. L. 103–227, title IX, § 1012, Pub. L. 107–110, title X, § 1022(a),(b), Jan. 8, 2002, 115 Stat. 1987, authorized appropriations. Section 6054b, Pub. L. 103–227, title IX, § 1013, as added Pub. L. 107–110, title X, § 1022(c), Jan. 8, 2002, 115 Stat. 1987, applied section 7801 definitions to this part.

Part I - Eisenhower Regional Mathematics and Science Education Consortia

6055 to 6055h. Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section 6055, Pub. L. 103–227, title IX, § 1021, formerly Pub. L. 89–10, title XIII, § 13301, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3882; renumbered Pub. L. 103–227, title IX, § 1021, and amended Pub. L. 107–110, title X, §§ 1023(a),(b), 1025 (a)(15), Jan. 8, 2002, 115 Stat. 1987, 1988, authorized grants and contracts for establishment and operation of regional mathematics and science education consortia. Another section 1021 of Pub. L. 103–227 amended section 2421 of this title prior to the general amendment of chapter 44 of this title by Pub. L. 105–332. Section 6055a, Pub. L. 103–227, title IX, § 1022, formerly Pub. L. 89–10, title XIII, § 13302, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3883; renumbered Pub. L. 103–227, title IX, § 1022, and amended Pub. L. 107–110, title X, §§ 1023(a),(b), 1025 (a)(11), (14), (21), Jan. 8, 2002, 115 Stat. 1987–1989, related to use of funds. Another section 1022 of Pub. L. 103–227 is classified to section 6067 of this title. Section 6055b, Pub. L. 103–227, title IX, § 1023, formerly Pub. L. 89–10, title XIII, § 13303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3884; renumbered Pub. L. 103–227, title IX, § 1023, Pub. L. 107–110, title X, § 1023(a),(b), Jan. 8, 2002, 115 Stat. 1987, related to application for grant or contract and review. Section 6055c, Pub. L. 103–227, title IX, § 1024, formerly Pub. L. 89–10, title XIII, § 13304, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3885; renumbered Pub. L. 103–227, title IX, § 1024, Pub. L. 107–110, title X, § 1023(a),(b), Jan. 8, 2002, 115 Stat. 1987, required each entity in receipt of a grant or contract to establish a regional board for oversight and establishment of program priorities. Section 6055d, Pub. L. 103–227, title IX, § 1025, formerly Pub. L. 89–10, title XIII, § 13305, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3885; renumbered Pub. L. 103–227, title IX, § 1025, and amended Pub. L. 107–110, title X, §§ 1023(a),(b), 1025 (a)(13), Jan. 8, 2002, 115 Stat. 1987, 1988, related to payments and Federal and non-Federal shares. Section 6055e, Pub. L. 103–227, title IX, § 1026, formerly Pub. L. 89–10, title XIII, § 13306, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3885; renumbered Pub. L. 103–227, title IX, § 1026, and amended Pub. L. 107–110, title X, §§ 1023(a),(b), 1025 (a)(22), Jan. 8, 2002, 115 Stat. 1987, 1989, related to evaluations and reports. Section 6055f, Pub. L. 103–227, title IX, § 1027, formerly Pub. L. 89–10, title XIII, § 13307, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3886; renumbered Pub. L. 103–227, title IX, § 1027, and amended Pub. L. 107–110, title X, §§ 1023(a),(b), 1025 (a)(4), (12) Jan. 8, 2002, 115 Stat. 1987, 1988, defined terms for purposes of this part. Section 6055g, Pub. L. 103–227, title IX, § 1028, formerly Pub. L. 89–10, title XIII, § 13308, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3886; renumbered Pub. L. 103–227, title IX, § 1028, Pub. L. 107–110, title X, § 1023(a),(b), Jan. 8, 2002, 115 Stat. 1987, authorized appropriations. Section 6055h, Pub. L. 103–227, title IX, § 1029, as added Pub. L. 107–110, title X, § 1023(c), Jan. 8, 2002, 115 Stat. 1987, applied section 7801 definitions to this part.

Part J - Technology-Based Technical Assistance

6056, 6056a. Repealed. Pub. L. 107279, title IV, 403(2), Nov. 5, 2002, 116 Stat. 1985

Section 6056, Pub. L. 103–227, title IX, § 1031, formerly Pub. L. 89–10, title XIII, § 13401, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3886; renumbered Pub. L. 103–227, title IX, § 1031, and amended Pub. L. 107–110, title X, §§ 1024(a),(b), 1025 (a)(17)(E), Jan. 8, 2002, 115 Stat. 1987–1989, authorized technology-based technical assistance. Another section 1031 of Pub. L. 103–227 is set out as a note under section 6301 of this title. Section 6056a, Pub. L. 103–227, title IX, § 1032, as added Pub. L. 107–110, title X, § 1024(c), Jan. 8, 2002, 115 Stat. 1988, applied section 7801 definitions to this part. Another section 1032 of Pub. L. 103–227 enacted section 3351 of this title and amended sections 3381 to 3384 and 3386 of this title prior to the general amendment of chapter 47 of this title by Pub. L. 103–382.

20 USC 6001 - Short title

This subchapter may be cited as the Educational Research, Development, Dissemination, and Improvement Act of 1994.

20 USC 6002 - Findings

The Congress finds as follows with respect to improving education in the United States:
(1) A majority of public schools in the United States are failing to prepare students to achieve the National Education Goals. The Federal Government should support an extensive program of educational research, development, dissemination, replication and assistance to identify and support the best responses for the challenges ahead. A significant investment in attaining a deeper understanding of the processes of learning and schooling and developing new ideas holds the best hope of making a substantial difference to the lives of every student in the United States. The Office of Educational Research and Improvement within the Department of Education should be at the center of this campaign in order to coordinate such efforts.
(2) The Federal role in educational research has been closely identified with youths who are socioeconomically disadvantaged, are minorities, belong to a language minority, or have a disability. The Federal commitment to education was sufficient to serve not more than
(A) in 1993, 1 out of every 6 low-income children in need of preschool education;
(B) in 1990, 3 out of every 5 children in need of remediation;
(C) in 1991, 1 out of every 5 children in need of bilingual education; and
(D) in 1992, 1 out of every 20 youths eligible for assistance under the Job Training Partnership Act.
(3) The failure of the Federal Government to adequately invest in educational research and development has denied the United States a sound foundation of knowledge on which to design school improvements. The educational achievement of minority children is of particular concern because at least half of the school">public school students in 25 of the largest cities of the United States are minority children, and demographers project that, by the year 2005, almost all urban school">public school students will be minority children or other children in poverty.
(4) The investment goal of the Federal research, development, and dissemination function should be at least 1 percent of the total amount of funds spent on education.
(5) Nationwide model programs and reliable interventions should be demonstrated and replicated, and for such purposes, programs should be established to conduct research and evaluations, and to disseminate information.
(6) The Office should develop a national dissemination policy that will advance the goal of placing a national treasure chest of research results, models, and materials at the disposal of the education decisionmakers of the United States.
(7) A National Educational Research Policy and Priorities Board should be established to work collaboratively with the Assistant Secretary to forge a national consensus with respect to a long-term agenda for educational research, development, dissemination, and the activities of the Office.
(8) Existing research and development entities should adopt expanded, proactive roles and new institutions should be created to promote knowledge development necessary to accelerate the application of research findings to high priority areas.
(9) Greater use should be made of existing technologies in efforts to improve the educational system of the United States, including efforts to disseminate research findings.
(10) Minority educational researchers are inadequately represented throughout the Department of Education, but particularly in the Office. The Office therefore should assume a leadership position in the recruitment, retention, and promotion of qualified minority educational researchers.
(11) The coordination of the mission of the Office with that of other components of the Department of Education is critical. The Office should improve the coordination of the educational research, development, and dissemination function with those of other Federal agencies.

TITLE 20 - US CODE - SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

20 USC 6061 - School prayer

No funds authorized to be appropriated under this chapter may be used by any State or local educational agency to adopt policies that prevent voluntary prayer and meditation in public schools.

20 USC 6062 - Funding for Individuals with Disabilities Education Act

(a) Findings 
The Congress finds that
(1) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.] was established with the commitment of forty percent Federal funding but currently receives only eight percent Federal funding;
(2) this funding shortfall is particularly burdensome to school districts and schools in low-income areas which serve higher than average proportions of students with disabilities and have fewer local resources to contribute; and
(3) it would cost the Federal Government approximately $10,000,000,000 each year to fully fund the Individuals with Disabilities Education Act.
(b) Sense of Congress 
It is the sense of the Congress that the Federal Government should provide States and communities with adequate resources under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.] as soon as reasonably possible, through the reallocation of noneducation funds within the current budget monetary constraints.

20 USC 6063 - Study of Goals 2000 and students with disabilities

(a) Study required 

(1) In general 
Not later than 180 days after March 31, 1994, the Secretary shall make appropriate arrangements with the National Academy of Sciences or the National Academy of Education to conduct a comprehensive study of the inclusion of children with disabilities in school reform activities assisted under the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.].
(2) “Children with disabilities” defined 
For purposes of this section, the term children with disabilities has the same meaning given such term in section 1401 of this title.
(b) Study components 
The study conducted under subsection (a) of this section shall include
(1) an evaluation of the National Education Goals and objectives, curriculum reforms, standards, and other programs and activities intended to achieve those goals;
(2) a review of the adequacy of assessments and measures used to gauge progress towards meeting National Education Goals and any national and State standards, and an examination of other methods or accommodations necessary or desirable to collect data on the educational progress of children with disabilities, and the costs of such methods and accommodations;
(3) an examination of what incentives or assistance might be provided to States to develop improvement plans that adequately address the needs of children with disabilities;
(4) the relation of the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.] to other Federal laws governing or affecting the education of children with disabilities; and
(5) such other issues as the National Academy of Sciences or the National Academy of Education considers appropriate.
(c) Study panel membership 
Any panel constituted in furtherance of the study to be conducted under subsection (a) of this section shall include consumer representatives.
(d) Findings and recommendations 
The Secretary shall request the National Academy of Sciences or the National Academy of Education to submit an interim report of its findings and recommendations to the President and Congress not later than 12 months, and a final report not later than 24 months, from the date of the completion of procurement relating to the study.
(e) Funding 
From funds appropriated to the Secretary for research related to individuals with disabilities the Secretary shall make available $600,000 for fiscal year 1994, and such sums as may be necessary for fiscal year 1995, to carry out this section. Amounts made available under this subsection shall remain available until expended.

20 USC 6064 - Contraceptive devices

The Department of Health and Human Services and the Department of Education shall ensure that all federally funded programs which provide for the distribution of contraceptive devices to unemancipated minors develop procedures to encourage, to the extent practical, family participation in such programs.

20 USC 6065 - Assessments

(a) Subchapter II 
No funds provided under subchapter II of this chapter shall be used to develop or undertake assessments that will be used to make decisions regarding the graduation, grade promotion, or retention of students for 5 years after March 31, 1994.
(b) Subchapter III 1 
Assessments developed with funds under subchapter III[1] of this chapter may be used for decisions regarding graduation, grade promotion, or retention of students only on the condition that students have been prepared in the content for which the students are being assessed.
[1] See References in Text note below.

20 USC 6066 - Public schools

Except as provided in section 58901 of this title, nothing in this chapter shall be construed to authorize the use of funds under subchapter III[1] of this chapter to directly or indirectly benefit any school other than a school">public school.
[1] See References in Text note below.

20 USC 6067 - Sense of Congress

It is the sense of the Congress that
(1) no funds appropriated pursuant to this chapter should be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1993[1] (41 U.S.C. 10a–10c, popularly known as the Buy American Act);
(2) in the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this chapter, entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products;
(3) in providing financial assistance under this chapter, the head of each Federal agency should provide to each recipient of the assistance a notice describing the statement made in subsection (a)2 by the Congress; and
(4) if it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning to any product sold in or shipped to the United States that is not made in the United States, such person should be ineligible to receive any contract or subcontract made with funds provided pursuant to this chapter, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations, as such sections existed on March 31, 1994.
[1] So in original. Probably should be “1933”.
[2] So in original. No subsec. (a) has been enacted.

Part B - Environmental Tobacco Smoke

20 USC 6081 - Short title

This part may be cited as the Pro-Children Act of 1994.

20 USC 6082 - Definitions

As used in this part:
(1) Children 
The term children means individuals who have not attained the age of 18.
(2) Children’s services 
The term childrens services means the provision on a routine or regular basis of health, day care, education, or library services
(A) that are funded, after March 31, 1994, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs
(i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]); or
(ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2) under section 17(b)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 1786 (b)(6)), or
(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate Secretary in any enforcement action under this subchapter,

except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].

(3) Person 
The term person means any State or local subdivision thereof, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides childrens services or any individual who owns or operates or otherwise controls and provides such services.
(4) Indoor facility 
The term indoor facility means a building that is enclosed.
(5) Secretary 
The term Secretary means the Secretary of Health and Human Services.

20 USC 6083 - Nonsmoking policy for childrens services

(a) Prohibition 
After March 31, 1994, no person shall permit smoking within any indoor facility owned or leased or contracted for and utilized by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children.
(b) Additional prohibition 
After March 31, 1994, no person shall permit smoking within any indoor facility (or portion thereof) owned or leased or contracted for by such person for the provision by such person of regular or routine health care or day care or early childhood development (Head Start) services to children or for the use of the employees of such person who provides such services, except that this subsection shall not apply to
(1) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(2) any private residence.
(c) Federal agencies 

(1) Kindergarten, elementary, or secondary education or library services 
After March 31, 1994, no Federal agency shall permit smoking within any indoor facility in the United States operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to children.
(2) Health or day care or early childhood development services 
After March 31, 1994, no Federal agency shall permit smoking within any indoor facility (or portion thereof) operated by such agency, directly or by contract, to provide routine or regular health or day care or early childhood development (Head Start) services to children, except that this paragraph shall not apply to
(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(B) any private residence.
(3) Application of provisions 
The provisions of paragraph (2) shall also apply to the provision of such routine or regular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not subject to paragraph (1).
(d) Notice 
The prohibitions in subsections (a) through (c) of this section shall be incorporated by publication of a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of childrens services administered by such heads. Such prohibitions shall be effective 90 days after such notice is published, or 270 days after March 31, 1994, whichever occurs first.
(e) Special waiver 

(1) In general 
On receipt of an application, the head of the Federal agency may grant a special waiver to a person described in subsection (a) of this section who employs individuals who are members of a labor organization and provide childrens services pursuant to a collective bargaining agreement that
(A) took effect before March 31, 1994; and
(B) includes provisions relating to smoking privileges that are in violation of the requirements of this section.
(2) Termination of waiver 
A special waiver granted under this subsection shall terminate on the earlier of
(A) the first expiration date (after March 31, 1994) of the collective bargaining agreement containing the provisions relating to smoking privileges; or
(B) the date that is 1 year after March 31, 1994.
(f) Civil penalties 

(1) In general 
Any failure to comply with a prohibition in this section shall be a violation of this section and any person subject to such prohibition who commits such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or may be subject to an administrative compliance order, or both, as determined by the Secretary. Each day a violation continues shall constitute a separate violation. In the case of any civil penalty under this section, the total amount shall not exceed the amount of Federal funds received by such person for the fiscal year in which the continuing violations occurred. For the purpose of the prohibition in subsection (c) of this section, the term person shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children.
(2) Administrative proceeding 
A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued, by the Secretary only after an opportunity for a hearing in accordance with section 554 of title 5. Before making such assessment or issuing such order, or both, the Secretary shall give written notice thereof to such person by certified mail with return receipt and provide therein an opportunity to request in writing not later than 30 days after the date of receipt of such notice such hearing. The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and place for such hearing which should be located, to the greatest extent possible, at a location convenient to such person. The Secretary (or the Secretarys designee) and such person may consult to arrange a suitable date and location where appropriate.
(3) Circumstances affecting penalty or order 
In determining the amount of the civil penalty or the nature of the administrative compliance order, the Secretary shall take into account, as appropriate
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and
(C) such other matters as justice may require.
(4) Modification 
The Secretary may, as appropriate, compromise, modify, or remit, with or without conditions, any civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from any sums that the United States or its agencies or instrumentalities owes to the person against whom the penalty is assessed.
(5) Petition for review 
Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judicial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy thereof to the Secretary or the Secretarys designee. The petition shall be filed within 30 days after the Secretarys assessment or order, or both, are final and have been provided to such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order.
(6) Failure to comply 
If a person fails to pay an assessment of a civil penalty or comply with an order, after either or both are final under this section, or after a court under paragraph (5) has entered a final judgment in favor of the Secretary, the Attorney General, at the request of the Secretary, shall recover the amount of the civil penalty (plus interest at then currently prevailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review.

20 USC 6084 - Preemption

Nothing in this part is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this part.

20 USC 5801 - Purpose

The purpose of this chapter is to provide a framework for meeting the National Education Goals established by subchapter I of this chapter by
(1) promoting coherent, nationwide, systemic education reform;
(2) improving the quality of learning and teaching in the classroom and in the workplace;
(3) defining appropriate and coherent Federal, State, and local roles and responsibilities for education reform and lifelong learning;
(4) establishing valid and reliable mechanisms for
(A) building a broad national consensus on American education reform;
(B) assisting in the development and certification of high-quality, internationally competitive content and student performance standards; and
(C) assisting in the development and certification of high-quality assessment measures that reflect the internationally competitive content and student performance standards;
(5) supporting new initiatives at the Federal, State, local, and school levels to provide equal educational opportunity for all students to meet high academic and occupational skill standards and to succeed in the world of employment and civic participation;
(6) providing a framework for the reauthorization of all Federal education programs by
(A) creating a vision of excellence and equity that will guide all Federal education and related programs;
(B) providing for the establishment of high-quality, internationally competitive content and student performance standards and strategies that all students will be expected to achieve;
(C) encouraging and enabling all State educational agencies and local educational agencies to develop comprehensive improvement plans that will provide a coherent framework for the implementation of reauthorized Federal education and related programs in an integrated fashion that effectively educates all children to prepare them to participate fully as workers, parents, and citizens;
(D) providing resources to help individual schools, including those serving students with high needs, develop and implement comprehensive improvement plans; and
(E) promoting the use of technology to enable all students to achieve the National Education Goals;
(7) stimulating the development and adoption of a voluntary national system of skill standards and certification to serve as a cornerstone of the national strategy to enhance workforce skills; and
(8) assisting every elementary and secondary school that receives funds under this chapter to actively involve parents and families in supporting the academic work of their children at home and in providing parents with skills to advocate for their children at school.

20 USC 5802 - Definitions

(a) Subchapters I, II, III, and X 
As used in subchapters I, II, III, and X of this chapter
(1) the terms all students and all children mean students or children from a broad range of backgrounds and circumstances, including disadvantaged students and children, students or children with diverse racial, ethnic, and cultural backgrounds, American Indians, Alaska Natives, Native Hawaiians, students or children with disabilities, students or children with limited-English proficiency, school-aged students or children who have dropped out of school, migratory students or children, and academically talented students and children;
(2) the term Bureau, unless otherwise provided, means the Bureau of Indian Affairs;
(3) the terms community, public, and advocacy group include representatives of organizations advocating for the education of American Indian, Alaska Native, and Native Hawaiian children and Indian tribes;
(4) the term content standards means broad descriptions of the knowledge and skills students should acquire in a particular subject area;
(5) the term Governor means the chief executive of the State;
(6) the terms local educational agency and State educational agency have the meaning given such terms in section 8801 of this title;[1]
(7) the term outlying areas means Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, Palau (until the effective date of the Compact of Free Association with the Government of Palau), the Republic of the Marshall Islands, and the Federated States of Micronesia;
(8) the term performance standards means concrete examples and explicit definitions of what students have to know and be able to do to demonstrate that such students are proficient in the skills and knowledge framed by content standards;
(9) the term related services has the same meaning given such term under section 1401 of this title;
(10) the term State assessment means measures of student performance which include at least 1 instrument of evaluation, and may include other measures of student performance, for a specific purpose and use which are intended to evaluate the progress of all students in the State toward learning the material in State content standards in 1 or more subject areas;
(11) the term school means a school">public school that is under the authority of the State educational agency or a local educational agency or, for the purpose of carrying out section 5895 (b)1 of this title, a school that is operated or funded by the Bureau;
(12) the term Secretary, unless otherwise provided, means the Secretary of Education; and
(13) the term State, unless otherwise provided, means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
(b) Subchapters IV, V, VI, VII, VIII, and IX 
For the purpose of subchapters IV, V, VI, VII, VIII, and IX of this chapter
(1) except as provided in paragraph (3) and unless otherwise provided, the terms used in such subchapters have the same meanings given such terms in section 8801 of this title;[1]
(2) the term Bureau, unless otherwise provided, means the Bureau of Indian Affairs; and
(3) the term Secretary, unless otherwise provided, means the Secretary of Education.
[1] See References in Text note below.