20 U.S.C. § 3403 — Relationship with States

Page 1151 TITLE 20—EDUCATION § 3404 (2) to supplement and complement the ef- forts of States, the local school systems and other instrumentalities of the States, the pri- vate sector, public and private educational in- stitutions, public and private nonprofit edu- cational research institutions, community- based organizations, parents, and students to improve the quality of education; (3) to encourage the increased involvement of the public, parents, and students in Federal education programs; (4) to promote improvements in the quality and usefulness of education through federally supported research, evaluation, and sharing of information; (5) to improve the coordination of Federal education programs; (6) to improve the management and effi- ciency of Federal education activities, espe- cially with respect to the process, procedures, and administrative structures for the dispersal of Federal funds, as well as the reduction of unnecessary and duplicative burdens and con- straints, including unnecessary paperwork, on the recipients of Federal funds; and (7) to increase the accountability of Federal education programs to the President, the Con- gress, and the public. (Pub. L. 96–88, title I, § 102, Oct. 17, 1979, 93 Stat. 670.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668, known as the Department of Education Organiza- tion Act, which enacted this chapter, amended sections 928, former 929, 1102, 2390, 2711, and 3012 of this title, sec- tion 19 of Title 3, The President, sections 101, 5312, and 5314 to 5316 of Title 5, Government Organization and Employees, sections 2, 9, and 11 of the Inspector Gen- eral Act of 1978, formerly set out in the Appendix to Title 5 (see 5 U.S.C. 402, 422, 424), section 1004 of Title 21, Food and Drugs, and sections 761b, 794c, 821, 829, 873, 879, 882, 914, and 952 of Title 29, Labor, and enacted pro- visions set out as notes under sections 1102 and 3401 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of this title and Tables. § 3403. Relationship with States (a) Rights of local governments and educational institutions It is the intention of the Congress in the es- tablishment 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 poli- cies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or di- minish the responsibility for education which is reserved to the States and the local school sys- tems and other instrumentalities of the States. (b) Curriculum, administration, and personnel; library resources No provision of a program administered by the Secretary or by any other officer of the Depart- ment shall be construed to authorize the Sec- retary or any such officer to exercise any direc- tion, supervision, or control over the cur- riculum, program of instruction, administra- tion, or personnel of any educational institu- tion, school, or school system, over any accred- iting agency or association, or over the selec- tion or content of library resources, textbooks, or other instructional materials by any edu- cational institution or school system, except to the extent authorized by law. (c) Funding under pre-existing programs 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 adminis- tration of such a program through a single orga- nizational unit. (Pub. L. 96–88, title I, § 103, Oct. 17, 1979, 93 Stat. 670.) Editorial Notes CODIFICATION In subsec. (c), ‘‘May 4, 1980’’ substituted for ‘‘the ef- fective 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. § 3404. Definitions As used in this chapter, unless otherwise pro- vided or indicated by the context— (1) the term ‘‘Department’’ means the De- partment of Education or any component thereof; (2) the term ‘‘Secretary’’ means the Sec- retary of Education; (3) the term ‘‘Deputy Secretary’’ means the Deputy Secretary of Education; (4) the term ‘‘function’’ includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; (5) the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (6) the terms ‘‘private’’ and ‘‘private edu- cational’’ refer to independent, nonpublic, and private institutions of elementary, secondary, and postsecondary education; and (7) the term ‘‘office’’ includes any office, in- stitute, council, unit, organizational entity, or component thereof. (Pub. L. 96–88, title I, § 104, Oct. 17, 1979, 93 Stat. 671; Pub. L. 101–509, title V, § 529 [title I, § 112(a)(3)(A)], Nov. 5, 1990, 104 Stat. 1427, 1454.) Editorial Notes AMENDMENTS 1990—Par. (3). Pub. L. 101–509 substituted ‘‘Deputy Secretary’’ for ‘‘Under Secretary’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT; CONTINUED SERVICE BY INCUMBENTS Pub. L. 101–509, title V, § 529 [title I, § 112(e)], Nov. 5, 1990, 104 Stat. 1427, 1455, provided that: