20 U.S.C. § 1232 — Regulations

Page 899 TITLE 20—EDUCATION § 1232 PRIOR PROVISIONS A prior section 435 of Pub. L. 90–247 was renumbered section 441, and is classified to section 1232d of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 423, and is classified to section 1226a–1 of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 445, and is classified to section 1233d of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. re- lating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964. § 1231f. Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913 Section, Pub. L. 90–247, title IV, § 429, formerly § 417, as added Pub. L. 91–230, title IV § 401(a)(10), Apr. 13, 1970, 84 Stat. 168; renumbered § 427, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 429 and amended Pub. L. 93–380, title V, §§ 501(b)(2), 508(a), Aug. 21, 1974, 88 Stat. 558, 565; Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, authorized transfer of information. PART 2—ADMINISTRATION: REQUIREMENTS AND LIMITATIONS § 1231g. Applications (a) Submission and amendments of applications Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this section, the Secretary is authorized to provide for the submission of applications for as- sistance effective for more than one fiscal year under any applicable program with whatever amendments to such applications being required as the Secretary determines essential. (b) Uniform dates The Secretary shall, insofar as is practicable, establish uniform dates during the year for the submission of applications under all applicable programs and for the approval of such applica- tions. (c) Development of common applications The Secretary shall, insofar as is practicable, develop and require the use of— (1) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies pursuant to some objective formula, and such application shall be used as the sin- gle application for as many of these programs as is practicable; (2) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies on a competitive or discretionary basis, and such application shall be used as the single application for as many of such pro- grams as is practicable; and (3) a common application for grants to local educational agencies in applicable programs which are directly administered by the Sec- retary, and such application shall be used as the single application for as many of these programs as is practicable. (Pub. L. 90–247, title IV, § 436, formerly § 430, as added Pub. L. 95–561, title XII, § 1213, Nov. 1, 1978, 92 Stat. 2342; renumbered § 436 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 246, Oct. 20, 1994, 108 Stat. 3913, 3923.) Editorial Notes PRIOR PROVISIONS A prior section 436 of Pub. L. 90–247 was renumbered section 442, and is classified to section 1232e of this title. Another prior section 436 of Pub. L. 90–247 was classi- fied to section 1232e of this title prior to repeal by Pub. L. 95–561. Another prior section 436 of Pub. L. 90–247 was renum- bered section 446, and was classified to section 1233e of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–382, § 246(2), substituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever appearing. Subsec. (a). Pub. L. 103–382, § 246(1), substituted ‘‘for more than one fiscal year’’ for ‘‘for three fiscal years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title. § 1232. Regulations (a) ‘‘Regulation’’ defined For the purpose of this section, the term ‘‘reg- ulation’’ means any generally applicable rule, regulation, guideline, interpretation, or other requirement that— (1) is prescribed by the Secretary or the De- partment; and (2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program. (b) Citation of authority Regulations shall contain, immediately fol- lowing each substantive provision of such regu- lations, citations to the particular section or sections of statutory law or other legal author- ity on which such provision is based. (c) Uniform application All regulations shall be uniformly applied and enforced throughout the 50 States. (d) Application of exemption The exemption for public property, loans, grants and benefits in section 553(a)(2) of title 5 shall apply only to regulations— (1) that govern the first grant competition under a new or substantially revised program authority as determined by the Secretary; or (2) where the Secretary determines that the requirements of this subsection will cause ex- treme hardship to the intended beneficiaries of the program affected by such regulations. (e) Schedule for promulgation of final regula- tions Not later than 60 days after the date of enact- ment of any Act, or any portion of any Act, af- fecting the administration of any applicable pro- gram, the Secretary shall submit to the Com- Page 900 TITLE 20—EDUCATION § 1232 mittee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a schedule in accordance with which the Secretary plans to promulgate final regulations that the Secretary determines are necessary to implement such Act or portion of such Act. Such schedule shall pro- vide that all such final regulations shall be pro- mulgated within 360 days after the date of en- actment of such Act or portion of such Act. (f) Transmittal of final regulations Concurrently with the publication of any final regulations, the Secretary shall transmit a copy of such final regulations to the Speaker of the House of Representatives and the President pro tempore of the Senate. (Pub. L. 90–247, title IV, § 437, formerly § 421, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 169; renumbered § 431, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L. 93–380, title V, § 509(a), Aug. 21, 1974, 88 Stat. 566; Pub. L. 94–142, § 7, Nov. 29, 1975, 89 Stat. 796; Pub. L. 94–482, title IV, § 405, Oct. 12, 1976, 90 Stat. 2231; Pub. L. 96–374, title XIII, § 1302, Oct. 3, 1980, 94 Stat. 1497; Pub. L. 97–35, title V, § 533(a)(3), Aug. 13, 1981, 95 Stat. 453; renumbered § 437 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 247, Oct. 20, 1994, 108 Stat. 3913, 3923; Pub. L. 103–437, § 7(a)(1), Nov. 2, 1994, 108 Stat. 4587.) Editorial Notes PRIOR PROVISIONS A prior section 437 of Pub. L. 90–247 was renumbered section 443, and is classified to section 1232f of this title. Another prior section 437 of Pub. L. 90–247 was renum- bered section 406A, and was classified to section 1221e–1a of this title prior to repeal by Pub. L. 103–382. Another prior section 437 of Pub. L. 90–247 was renum- bered section 447, and was classified to section 1233f of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–437, which directed that section 431(b)(2)(B), (d)(2), and (g) of Pub. L. 90–247 be amended by substituting ‘‘Labor and Human Resources’’ for ‘‘Labor and Public Welfare’’, could not be executed be- cause this section, which was section 431 of Pub. L. 90–247, was renumbered section 437 and amended gen- erally by Pub. L. 103–382. Pub. L. 103–382, § 247, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (g) relating to promulgation of regulations by Sec- retary, and their publication, application, disapproval by Congress, and modification subsequent to dis- approval. 1981—Subsec. (d)(1). Pub. L. 97–35 substituted ‘‘final regulation (except expected family contribution sched- ules and any amendments thereto promulgated pursu- ant to sections 1078(a)(2)(D) and (E) and 1089(a)(1) of this title) as required’’ for ‘‘final regulation as re- quired’’. 1980—Subsec. (d)(1). Pub. L. 96–374 inserted ‘‘, in whole or in part’’ after ‘‘disapprove such final regula- tion’’. 1976—Subsec. (a). Pub. L. 94–482, § 405(a), added par. (1), designated existing provisions which constituted entire subsec. (a) as par. (2) and, as so redesignated, struck out applicability to rules, guidelines, interpre- tations, or orders. Subsec. (b)(1). Pub. L. 94–482, § 405(b)(1), substituted ‘‘proposed regulation’’ for ‘‘standard, rule, regulation, or requirement of general applicability’’. Subsec. (b)(2)(A). Pub. L. 94–482, § 405(b)(2), sub- stituted ‘‘regulation’’ for ‘‘standard, rule, regulation, or general requirement’’ in two places. Subsec. (c). Pub. L. 94–482, § 405(c), struck out applica- bility to rules, guidelines, interpretations, or orders. Subsec. (d)(1). Pub. L. 94–482, § 405(d)(1), (2), struck out applicability to standards, rules, requirements, or re- quirements of general applicability. Subsec. (d)(2). Pub. L. 94–482, § 405(d)(3), substituted ‘‘regulation’’ for ‘‘standard, rule, regulation, or re- quirement’’ wherever appearing. Subsec. (e). Pub. L. 94–482, § 405(e), substituted ‘‘regu- lation’’ for ‘‘standard, rule, regulation, or require- ment’’ wherever appearing and ‘‘final regulation’’ for ‘‘proposed standard, rule, regulation, or requirement of general applicability’’. Subsec. (g). Pub. L. 94–482, § 405(f), substituted ‘‘final regulations’’ for ‘‘rules, regulations, and guidelines’’ wherever appearing. 1975—Subsec. (d)(1). Pub. L. 94–142, § 7(a)(1), (b), in- serted ‘‘final’’ before ‘‘standard’’ wherever appearing in existing provisions and inserted provisions covering the effect of the failure of Congress to adopt the concurrent resolution with respect to any final standard, rule, reg- ulation, or requirement. Subsec. (d)(2). Pub. L. 94–142, § 7(a)(2), (3), substituted ‘‘objection to the final standard’’ for ‘‘objection to the proposed standard’’, ‘‘effective date of the final stand- ard’’ for ‘‘effective date of the standard’’, and ‘‘In no event shall the final standard’’ for ‘‘In no event shall the standard’’. 1974—Subsec. (b). Pub. L. 93–380, § 509(a)(1), designated existing provisions as par. (1) and added par. (2). Subsecs. (d) to (g). Pub. L. 93–380, § 509(a)(2), added subsecs. (d) to (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title V, § 540(a), Aug. 13, 1981, 95 Stat. 458, provided that the amendment made by Pub. L. 97–35 is effective Oct. 1, 1981. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96–374, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise pro- vided or, if not so specifically otherwise provided, effec- tive July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94–482, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–142, § 8, Nov. 29, 1975, 89 Stat. 796, provided that: ‘‘(a) Notwithstanding any other provision of law, the amendments made by sections 2(a), 2(b), and 2(c) [amending sections 1411 and 1412 of this title as in ef- fect through Sept. 30, 1977, and amending provisions set out as notes under sections 1411 to 1413 of this title] shall take effect on July 1, 1975. ‘‘(b) The amendments made by sections 2(d), 2(e), 3, 6, and 7 [enacting sections 1405 and 1406 of this title, Page 901 TITLE 20—EDUCATION § 1232a amending this section and sections 1412 and 1453 of this title, enacting provisions set out as a note under sec- tion 1411 of this title, and amending provisions set out as a note under section 1401 of this title] shall take ef- fect on the date of the enactment of this Act [Nov. 29, 1975]. ‘‘(c) The amendments made by sections 4 and 5(a) [en- acting sections 1415 to 1420 of this title and amending sections 1401, 1411, 1412, 1413, and 1414 of this title] shall take effect on October 1, 1977, except that the provi- sions of clauses (A), (C), (D), and (E) of paragraph (2) of section 612 of the Act [section 1412 of this title], as amended by this Act, section 617(a)(1)(D) of the Act [section 1417(a)(1)(D) of this title], as amended by this Act, section 617(b) of the Act [section 1417(b) of this title], as amended by this Act, and section 618(a) of the Act [section 1418(a) of this title], as amended by this Act, shall take effect on the date of the enactment of this Act [Nov. 29, 1975]. ‘‘(d) The provisions of section 5(b) [amending section 1411 of this title and enacting provisions set out as notes under section 1411 of this title] shall take effect on the date of the enactment of this Act [Nov. 29, 1975].’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–380, title V, § 509(b), Aug. 21, 1974, 88 Stat. 568, provided that: ‘‘The amendment made by para- graph (2) of subsection (a) [amending this section] shall be effective on the date of enactment of this [Aug. 21, 1974] and shall be effective with respect to the provi- sions of this Act [see Short Title note set out under section 821 of this title].’’ STUDY AND REPORT ON RULES AND REGULATIONS Pub. L. 92–318, title V, § 503, June 23, 1972, 86 Stat. 346, provided for a study by the Commissioner of all rules, regulations, etc., in connection with the administra- tion of any program to which the General Education Provisions Act [this chapter] applies, with a report to be submitted to Congress not later than one year after June 23, 1972. Such section further mandated the publi- cation of all rules, regulations, etc., in the Federal Reg- ister not later than 60 days after submission of such re- port, followed by a public hearing on such matters within the 60 day period following such publication. Such section then required a subsequent report to the relevant Congressional Committees on such hearings, and a republication of all rules and regulations in the Federal Register, such republished rules, etc., to supercede all preceding rules and regulations. § 1232–1. Repealed. Pub. L. 98–511, title I, § 109(b), Oct. 19, 1984, 98 Stat. 2369 Section, Pub. L. 90–247, title IV, § 431A, as added Pub. L. 94–482, title III, § 323(b), Oct. 12, 1976, 90 Stat. 2218; amended Pub. L. 95–561, title XII, § 1249, Nov. 1, 1978, 92 Stat. 2355; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, provided for mainte- nance of effort determinations, providing in subsection: (a) for promulgation of regulations and determination of amount expended, (b) for waiver of requirements, (c) for objective criteria in carrying out waiver authority, and (d) for duration of effectiveness of requirements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1985, see section 711(b) of Pub. L. 98–511, set out as an Effective Date of 1984 Amend- ment note under section 1226c of this title. § 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 1965, International Education Act of 1966, Emergency School Aid Act, and the Vocational Education Act of 1963 from exercising such Federal control. 1972—Pub. L. 92–318, § 717(b), inserted ‘‘the Emergency School Aid Act;’’ after ‘‘the International Education Act of 1966;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise pro- vided or, if not so specifically otherwise provided, effec- tive July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94–482, set out as a note under section 1001 of this title. Executive Documents EX. ORD. NO. 13791. ENFORCING STATUTORY PROHIBITIONS ON FEDERAL CONTROL OF EDUCATION Ex. Ord. No. 13791, Apr. 26, 2017, 82 F.R. 20427, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to restore the proper division of power under the Constitution between the Federal Gov- ernment and the States and to further the goals of, and to ensure strict compliance with, statutes that prohibit Federal interference with State and local control over education, including section 103 of the Department of Education Organization Act (DEOA) (20 U.S.C. 3403), sections 438 and 447 of the General Education Provi- sions Act (GEPA), as amended (20 U.S.C. 1232a and 1232j), and sections 8526A, 8527, and 8529 of the Elemen- tary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) (20