20 U.S.C. § 1232a — Prohibition against Federal control of

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 Page 902 TITLE 20—EDUCATION § 1232b U.S.C. 7906a, 7907, and 7909), it is hereby ordered as fol- lows: SECTION 1. Policy. It shall be the policy of the execu- tive branch to protect and preserve State and local con- trol over the curriculum, program of instruction, ad- ministration, and personnel of educational institutions, schools, and school systems, consistent with applicable law, including ESEA, as amended by ESSA, and ESEA’s restrictions related to the Common Core State Stand- ards developed under the Common Core State Stand- ards Initiative. SEC. 2. Review of Regulations and Guidance Documents. (a) The Secretary of Education (Secretary) shall review all Department of Education (Department) regulations and guidance documents relating to DEOA, GEPA, and ESEA, as amended by ESSA. (b) The Secretary shall examine whether these regu- lations and guidance documents comply with Federal laws that prohibit the Department from exercising any direction, supervision, or control over areas subject to State and local control, including: (i) the curriculum or program of instruction of any elementary and secondary school and school system; (ii) school administration and personnel; and (iii) selection and content of library resources, text- books, and instructional materials. (c) The Secretary shall, as appropriate and consistent with applicable law, rescind or revise any regulations that are identified pursuant to subsection (b) of this section as inconsistent with statutory prohibitions. The Secretary shall also rescind or revise any guidance documents that are identified pursuant to subsection (b) of this section as inconsistent with statutory prohi- bitions. The Secretary shall, to the extent consistent with law, publish any proposed regulations and with- draw or modify any guidance documents pursuant to this subsection no later than 300 days after the date of this order. SEC. 3. Definition. The term ‘‘guidance document’’ means any written statement issued by the Depart- ment to the public that sets forth a policy on a statu- tory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue, including Dear Col- league letters, interpretive memoranda, policy state- ments, manuals, circulars, memoranda, pamphlets, bul- letins, advisories, technical assistance, and grants of applications for waivers. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 1232b. Labor standards All laborers and mechanics employed by con- tractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the local- ity as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40. (Pub. L. 90–247, title IV, § 439, formerly § 423, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 169; renumbered § 433, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 439 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 261(d), Oct. 20, 1994, 108 Stat. 3913, 3927.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION ‘‘Sections 3141–3144, 3146, and 3147 of title 40’’ sub- stituted for ‘‘the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)’’ and ‘‘section 3145 of title 40’’ sub- stituted for ‘‘section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. PRIOR PROVISIONS A prior section 439 of Pub. L. 90–247 was renumbered section 445, and is classified to section 1232h of this title. AMENDMENTS 1994—Pub. L. 103–382, § 261(d), substituted ‘‘All labor- ers’’ for ‘‘Except for emergency relief under section 241–1 of this title, all laborers’’. PART 3—ADMINISTRATION OF EDUCATION PRO- GRAMS AND PROJECTS BY STATES AND LOCAL EDUCATIONAL AGENCIES § 1232c. State agency monitoring and enforce- ment (a) State plan In the case of any applicable program in which Federal funds are made available to local agen- cies in a State through or under the supervision of a State board or agency, the Secretary may require the State to submit a plan for moni- toring compliance by local agencies with Fed- eral requirements under such program and for enforcement by the State of such requirements. The Secretary may require such plan to pro- vide— (1) for periodic visits by State personnel of programs administered by local agencies to determine whether such programs are being conducted in accordance with such require- ments; (2) for periodic audits of expenditures under such programs by auditors of the State or other auditors not under the control, direc- tion, or supervision of the local educational agency; and (3) that the State investigate and resolve all complaints received by the State, or referred to the State by the Secretary, relating to the administration of such programs. (b) State enforcement of Federal requirements In order to enforce the Federal requirements under any applicable program the State may— (1) withhold approval, in whole or in part, of the application of a local agency for funds under the program until the State is satisfied