20 U.S.C. § 9572: Prohibitions

Summary

No nationwide database of personally identifiable information about people in studies under this subchapter is allowed. Federal officials may not force states, local agencies, or schools to change curriculum, run programs, or pay costs not provided by this subchapter. Money given to the Institute cannot be used to endorse or approve elementary or secondary school curricula. Federal funds under this subchapter generally cannot be used to develop, pilot, administer, or distribute any federally sponsored national test in reading, math, or other subjects unless a law explicitly permits it. That ban does not apply to international comparative assessments allowed under section 9543(a)(6) or section 9003(a)(6) as in effect on November 4, 2002, if they test only a representative sample of pupils.

Title 20, §9572

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(a)National database

Nothing in this subchapter may be construed to authorize the establishment of a nationwide database of individually identifiable information on individuals involved in studies or other collections of data under this subchapter.

(b)Federal Government and use of Federal funds

Nothing in this subchapter may be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control the curriculum, program of instruction, or allocation of State or local resources of a State, local educational agency, or school, or to mandate a State, or any subdivision thereof, to spend any funds or incur any costs not provided for under this subchapter.

(c)Endorsement of curriculum

Notwithstanding any other provision of Federal law, no funds provided under this subchapter to the Institute, including any office, board, committee, or center of the Institute, may be used by the Institute to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.

(d)Federally sponsored testing

(1)In general

Subject to paragraph (2), no funds provided under this subchapter to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.

(2)Exceptions

Subsection (a) shall not apply to international comparative assessments developed under the authority of section 9543(a)(6) of this title or section 9003(a)(6) of this title (as such section was in effect on the day before November 5, 2002) and administered to only a representative sample of pupils in the United States and in foreign nations.

Editorial Notes

References in Text

section 9003 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 107–279, title IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985.

§9572 Prohibitions

Summary

Title 20, §9572

Notes & Related Subsidiaries

Editorial Notes

References in Text

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