§3403 — Title 20 Education | U.S. Code

Summary

Congress created the Department to protect state and local control of education. The Department must not increase Federal power over schools or reduce the responsibility of States and local systems to run education. No Department official may direct or control a school's curriculum, instruction, administration, staff, accrediting groups, or choices of library materials, textbooks, or other teaching materials, except when a law specifically allows it. For eight months after May 4, 1980, the Secretary may not withhold, suspend, or end funds for any program moved into the Department because a State did not run that program through a single organizational unit.

Title 20, §3403

Education — Source: USLM XML via OLRC

(a)It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States.

(b)No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.

(c)The Secretary shall not, during the period within eight months after May 4, 1980, take any action to withhold, suspend, or terminate funds under any program transferred by this chapter by reason of the failure of any State to comply with any applicable law requiring the administration of such a program through a single organizational unit.

Editorial Notes

Codification In subsec. (c), “May 4, 1980” substituted for “the

Effective Date

of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an

Effective Date

note under section 3401 of this title.

§3403 Relationship with States

Summary

Title 20, §3403

Notes & Related Subsidiaries

Editorial Notes

Effective Date

Effective Date

Citations & Metadata