**(a)** At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.], title IX of the Education Amendments of 1972 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), or the Age Discrimination Act of 1975 [[42 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.].
**(b)** The Secretary may use any funds withheld under subsection (a)—
(1) to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or
(2) for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [[42 U.S.C. 2000c–4](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000c–4&num=0&edition=prelim)], or for any other program administ
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Stable record: federal_law:legal_authorities:record_usc_5cb616af197d59ce255ae8e7 Source file: Laws/federal/codes/united-states-code/title-20/section-1232a-use-of-funds-withheld--80f2148cca.md Pages: Not recorded – Not recorded Passage SHA-256: 97514393284783e5852540f8aac6ad44d507b5b1d156c1f171adee36f6fc7752 Retained source evidence SHA-256: 5f510e2830cef4dd2ffabf65ff0e96ad150f4ad7a6c61385ef1ea95bad44196d
Source location: Title 20, Chapter 31, § 1232a; chapter-031-general-provisions-concerning-education.md
Stored source content
**(a)** At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.], title IX of the Education Amendments of 1972 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), or the Age Discrimination Act of 1975 [[42 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.].
**(b)** The Secretary may use any funds withheld under subsection (a)—
(1) to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or
(2) for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [[42 U.S.C. 2000c–4](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000c–4&num=0&edition=prelim)], or for any other program administered by the Department that is designed to enhance equity in education or redress discrimination on the basis of race, color, national origin, sex, age, or disability.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
§ 1232a. Prohibition against Federal control of
education
No provision of any applicable program shall
be construed to authorize any department, agen-
cy, officer, or employee of the United States to
exercise any direction, supervision, or control
over the curriculum, program of instruction, ad-
ministration, or personnel of any educational
institution, school, or school system, or over the
selection of library resources, textbooks, or
other printed or published instructional mate-
rials by any educational institution or school
system, or to require the assignment or trans-
portation of students or teachers in order to
overcome racial imbalance.
(Pub. L. 90–247, title IV, § 438, formerly § 422, as
added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13,
1970, 84 Stat. 169; renumbered § 432 and amended
Pub. L. 92–318, title III, § 301(a)(1), title VII,
§ 717(b), June 23, 1972, 86 Stat. 326, 369; Pub. L.
94–482, title IV, § 404(b), Oct. 12, 1976, 90 Stat.
2230; renumbered § 438, Pub. L. 103–382, title II,
§ 212(b)(1), Oct. 20, 1994, 108 Stat. 3913.)
Editorial Notes
PRIOR PROVISIONS
A prior section 438 of Pub. L. 90–247 was renumbered
section 444, and is classified to section 1232g of this
title.
Another prior section 438 of Pub. L. 90–247 was renum-
bered section 448, and was classified to section 1233g of
this title prior to repeal by Pub. L. 103–382.
AMENDMENTS
1976—Pub. L. 94–482 substituted provisions prohibiting
any applicable program from exercising Federal control
of education, for provisions prohibiting such specific
Federal laws as the Act of Sept. 30, 1950, National De-
fense Education Act of 1958, Act of Sept. 23, 1950, Higher
Education Facilities Act of 1963, Elementary and Sec-
ondary Education Act of 1965, Higher Education Act of
**(a) Prohibition against discrimination; exceptions** No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:
(1) **Classes of educational institutions subject to prohibition** — in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;
(2) **Educational institutions commencing planned change in admissions** — in regard to admissions to educational institutions, this section shall not apply (A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;
(3) **Educational institutions of religious organizations with contrary religious tenets** — this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenet
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1681. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1681. Sex
(a) Prohibition against discrimination; excep-
tions
No person in the United States shall, on the
basis of sex, be excluded from participation in,
be denied the benefits of, or be subjected to dis-
crimination under any education program or ac-
tivity receiving Federal financial assistance, ex-
cept that:
(1) Classes of educational institutions subject
to prohibition
in regard to admissions to educational insti-
tutions, this section shall apply only to insti-
tutions of vocational education, professional
education, and graduate higher education, and
to public institutions of undergraduate higher
education;
(2)
Educational
institutions
commencing
planned change in admissions
in regard to admissions to educational insti-
tutions, this section shall not apply (A) for
one year from June 23, 1972, nor for six years
after June 23, 1972, in the case of an edu-
cational institution which has begun the proc-
ess of changing from being an institution
which admits only students of one sex to being
an institution which admits students of both
sexes, but only if it is carrying out a plan for
such a change which is approved by the Sec-
retary of Education or (B) for seven years
from the date an educational institution be-
gins the process of changing from being an in-
stitution which admits only students of only
one sex to being an institution which admits
students of both sexes, but only if it is car-
rying out a plan for such a change which is ap-
proved by the Secretary of Education, which-
ever is the later;
(3) Educational institutions of religious organi-
zations with contrary religious tenets
this section shall not apply to an edu-
cational institution which is controlled by a
religious organization if the application of
Page 1026
TI
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1681. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
**(a)** “Secretary” means the Secretary of Education.
**(b)** “Desegregation” means the assignment of students to public schools and within such schools without regard to their race, color, religion, sex or national origin, but “desegregation” shall not mean the assignment of students to public schools in order to overcome racial imbalance.
**(c)** “Public school” means any elementary or secondary educational institution, and “public college” means any institution of higher education or any technical or vocational school above the secondary school level, provided that such public school or public college is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source.
**(d)** “School board” means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2000c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2000c. Definitions
As used in this subchapter—
(a) ‘‘Secretary’’ means the Secretary of Edu-
cation.
(b) ‘‘Desegregation’’ means the assignment
of students to public schools and within such
schools without regard to their race, color, re-
ligion, sex or national origin, but ‘‘desegrega-
tion’’ shall not mean the assignment of stu-
dents to public schools in order to overcome
racial imbalance.
(c) ‘‘Public school’’ means any elementary
or secondary educational institution, and
‘‘public college’’ means any institution of
higher education or any technical or voca-
tional school above the secondary school level,
provided that such public school or public col-
lege is operated by a State, subdivision of a
State, or governmental agency within a State,
or operated wholly or predominantly from or
through the use of governmental funds or
property, or funds or property derived from a
governmental source.
(d) ‘‘School board’’ means any agency or
agencies which administer a system of one or
more public schools and any other agency
which is responsible for the assignment of stu-
dents to or within such system.
(Pub. L. 88–352, title IV, § 401, July 2, 1964, 78
Stat. 246; Pub. L. 92–318, title IX, § 906(a), June
23, 1972, 86 Stat. 375; Pub. L. 96–88, title III,
§ 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677,
692.)
Editorial Notes
AMENDMENTS
1972—Subsec. (b). Pub. L. 92–318 inserted ‘‘sex’’ after
‘‘religion,’’.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
‘‘Secretary means the Secretary of Education’’ sub-
stituted for ‘‘Commissioner means the Commissioner of
Education’’ in subsec. (a) pursuant to sections 301(a)(1)
and 507 of Pub. L. 96–88, which are classified to sections
3441(a)(1) and 3507 of Title 20, Education, and w
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2000c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2000d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2000d. Prohibition against exclusion from par-
ticipation in, denial of benefits of, and dis-
crimination under federally assisted pro-
grams on ground of race, color, or national
origin
No person in the United States shall, on the
ground of race, color, or national origin, be ex-
cluded from participation in, be denied the bene-
fits of, or be subjected to discrimination under
any program or activity receiving Federal finan-
cial assistance.
(Pub. L. 88–352, title VI, § 601, July 2, 1964, 78
Stat. 252.)
Executive Documents
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF PROVISIONS
For provisions relating to the coordination of imple-
mentation and enforcement of the provisions of this
subchapter by the Attorney General, see section 1–201
of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out
as a note under section 2000d–1 of this title.
EX. ORD. NO. 13160. NONDISCRIMINATION ON THE BASIS OF
RACE, SEX, COLOR, NATIONAL ORIGIN, DISABILITY, RE-
LIGION, AGE, SEXUAL ORIENTATION, AND STATUS AS A
PARENT
IN
FEDERALLY
CONDUCTED
EDUCATION
AND
TRAINING PROGRAMS
Ex. Ord. No. 13160, June 23, 2000, 65 F.R. 39775, pro-
vided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 921–932 of title 20, United
States Code; section 2164 of title 10, United States Code;
section 2001 et seq., of title 25, United States Code; sec-
tion 7301 of title 5, United States Code; and section 301
of title 3, United States Code, and to achieve equal op-
portunity in Federally conducted education and train-
ing programs and activities, it is hereby ordered as fol-
lows:
SECTION 1. Statement of policy on education programs
and activities conducted by executive departments and
agencies.
1–101. Th
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2000d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 6101. Statement of purpose
It is the purpose of this chapter to prohibit
discrimination on the basis of age in programs
or activities receiving Federal financial assist-
ance.
(Pub. L. 94–135, title III, § 302, Nov. 28, 1975, 89
Stat. 728; Pub. L. 95–478, title IV, § 401(a), Oct. 18,
1978, 92 Stat. 1555; Pub. L. 99–272, title XIV,
§ 14001(b)(4), Apr. 7, 1986, 100 Stat. 329.)
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–272 struck out ‘‘, including programs
or activities receiving funds under the State and Local
Fiscal Assistance Act of 1972 (31 U.S.C. 1221 et seq.)’’
after ‘‘Federal financial assistance’’.
Page 6645
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6103
1978—Pub. L. 95–478 struck out ‘‘unreasonable’’ before
‘‘discrimination’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–272 effective Oct. 18, 1986,
see section 14001(e) of Pub. L. 99–272, title XIV, Apr. 7,
1986, 100 Stat. 329.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–478 effective at the close of
Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out
as a note under section 3001 of this title.
SHORT TITLE
Pub. L. 94–135, title III, § 301, Nov. 28, 1975, 89 Stat. 728,
provided that: ‘‘The provisions of this title [enacting
this chapter] may be cited as the ‘Age Discrimination
Act of 1975’.’’
§ 6102. Prohibition of discrimination
Pursuant to regulations prescribed under sec-
tion 6103 of this title, and except as provided by
section 6103(b) and section 6103(c) of this title,
no person in the United States shall, on the
basis of age, be excluded from participation in,
be denied the benefits of, or be subjected to dis-
crimination under, any program or activity re-
ceiving Federal financial assistance.
(Pub.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6101. This identifies an authority to review, not proof of applicability.