20 U.S.C. § 1221 — Short title; applicability; definitions

Page 880 TITLE 20—EDUCATION § 1221 Sec. 1232d. Single State application. 1232e. Single local educational agency applica- tion. PART 4—RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS 1232f. Records. 1232g. Family educational and privacy rights. 1232h. Protection of pupil rights. 1232i. Limitations on withholding of Federal assistance. 1232j. Prohibition on federally sponsored test- ing. SUBCHAPTER IV—ENFORCEMENT 1234. Office of Administrative Law Judges. 1234a. Recovery of funds. 1234b. Measure of recovery. 1234c. Remedies for existing violations. 1234d. Withholding. 1234e. Cease and desist orders. 1234f. Compliance agreements. 1234g. Judicial review. 1234h. Use of recovered funds. 1234i. Definitions. SUBCHAPTER V—READY TO LEARN TELEVISION 1235 to 1235g. Repealed. Editorial Notes CODIFICATION Pub. L. 91–230, title IV, § 401(a)(1), Apr. 13, 1970, 84 Stat. 164, substituted as chapter heading ‘‘GENERAL PROVISIONS CONCERNING EDUCATION’’ for ‘‘LEAD- TIME AND PLANNING AND EVALUATION IN ELE- MENTARY AND SECONDARY EDUCATION PRO- GRAMS’’. § 1221. Short title; applicability; definitions (a) Short title This chapter may be cited as the ‘‘General Education Provisions Act’’. (b) Applicability of chapter (1) Except as otherwise provided, this chapter applies to each applicable program of the De- partment of Education. (2) Except as otherwise provided, this chapter does not apply to any contract made by the De- partment of Education. (c) Definitions As used in this chapter, the following terms have the following meanings: (1) The term ‘‘applicable program’’ means any program for which the Secretary or the Department has administrative responsibility as provided by law or by delegation of author- ity pursuant to law. The term includes each program for which the Secretary or the De- partment has administrative responsibility under the Department of Education Organiza- tion Act [20 U.S.C. 3401 et seq.] or under Fed- eral law effective after the effective date of that Act. (2) The term ‘‘applicable statute’’ means— (A) the Act or the title, part, section, or any other subdivision of an Act, as the case may be, that authorizes the appropriation for an applicable program; (B) this chapter; and (C) any other statute that by its terms ex- pressly controls the administration of an ap- plicable program. (3) The term ‘‘Department’’ means the De- partment of Education. (4) The term ‘‘Secretary’’ means the Sec- retary of Education. (d) Application of other laws unaffected Nothing in this chapter shall be construed to affect the applicability of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], title V of the Rehabilitation Act of 1973 [29 U.S.C. 790 et seq.], the Age Dis- crimination Act [42 U.S.C. 6101 et seq.], or other statutes prohibiting discrimination, to any ap- plicable program. (Pub. L. 90–247, title IV, § 400, formerly § 401, Jan. 2, 1968, 81 Stat. 814; Pub. L. 90–576, title III, § 301(a), Oct. 16, 1968, 82 Stat. 1094; Pub. L. 91–230, title IV, § 401(a)(2), Apr. 13, 1970, 84 Stat. 164; re- numbered § 400, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; Pub. L. 93–380, title V, § 505(a)(1), Aug. 21, 1974, 88 Stat. 561; Pub. L. 103–382, title II, § 211, Oct. 20, 1994, 108 Stat. 3912.) Editorial Notes REFERENCES IN TEXT The Department of Education Organization Act, re- ferred to in subsec. (c)(1), is Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668, which is classified principally to chapter 48 (§ 3401 et seq.) of this title. For the effective date of the Act, see Effective Date note set out under section 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. The Civil Rights Act of 1964, referred to in subsec. (d), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Education Amendments of 1972, referred to in subsec. (d), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (d), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title V of the Act is classified generally to subchapter V (§ 790 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Age Discrimination Act, referred to in subsec. (d), probably means the Age Discrimination Act of 1975, which is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, as amended, and which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 42 and Tables. AMENDMENTS 1994—Pub. L. 103–382 amended section generally, in- serting provision that this chapter not apply to any contract made by the Department of Education, sub- stituting definition of ‘‘Department’’ as meaning De- partment of Education for definition of ‘‘Director’’ as meaning Director of the National Institute of Edu- cation, striking out reference to the Civil Rights Act of 1964, adding references to title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of Page 881 TITLE 20—EDUCATION § 1221 1972, title V of the Rehabilitation Act of 1973, the Age Discrimination Act, and other statutes prohibiting dis- crimination, and striking out provision authorizing ap- propriations for any fiscal year of such sums as may be necessary to carry out the provisions of this chapter. 1974—Subsec. (a). Pub. L. 93–380 redesignated subsec. (d) as (a). Former subsec. (a) provisions ‘‘The provisions of this chapter shall apply to any program for which the Commissioner of Education has responsibility for administration, either as provided by statute or by del- egation pursuant to statute. Amendments to Acts au- thorizing such programs shall not affect the applica- bility of this chapter unless so specified by such amend- ments’’ were incorporated in part in subsec. (b). Subsec. (b). Pub. L. 93–380 incorporated subsec. (a) provisions in subsec. (b), inserting introductory text ‘‘Except where otherwise specified,’’, substituting ‘‘an administrative head of an education agency has admin- istrative responsibility as provided by law or by delega- tion of authority pursuant to law’’ for ‘‘the Commis- sioner of Education has responsibility for administra- tion, either as provided by statute or by delegation pur- suant to statute.’’, deleting ‘‘Amendments to Acts au- thorizing such programs shall not affect the applica- bility of this chapter unless so specified by such amend- ments.’’ Former subsec. (b) definition provisions for ‘‘Commissioner’’, ‘‘Secretary’’, and ‘‘applicable pro- gram’’ incorporated in subsec. (c)(1). Subsec. (c). Pub. L. 93–380 incorporated subsec. (b)(3), (1), (2) provisions in par. (1)(A), (D), (F), respectively; inserted in par. (1)(A) ‘‘, under the terms of subsection (b) of this section,’’; and added pars. (1)(B), (C), (E), (2), and (3). Former subsec. (c) provisions ‘‘There are here- by authorized to be appropriated for any fiscal year, as part of the appropriations for salaries and expenses for the Office of Education, such sums as the Congress may determine to be necessary to carry out the provisions of this chapter,’’ incorporated in subsec. (d). Subsec. (d). Pub. L. 93–380 incorporated subsec. (c) provisions in provisions designated as subsec. (d), in- serting introductory text ‘‘Except as otherwise limited in this chapter,’’, and deleting ‘‘, as part of the appro- priations for salaries and expenses for the Office of Education,’’ after ‘‘fiscal year’’. Former subsec. (d) re- designated (a). Subsec. (e). Pub. L. 93–380 added subsec. (e). 1970—Pub. L. 91–230, § 401(a)(2)(A), provided for defini- tions and authorization of appropriations in section catchline. Subsecs. (b), (c). Pub. L. 91–230, § 401(a)(2)(B), added subsecs. (b) and (c). 1968—Pub. L. 90–576 substituted general reference to ‘‘any program for which the Commissioner of Edu- cation has responsibility for administration, either as provided by statute or by delegation pursuant to stat- ute’’ for specific references to ‘‘title I of the Elemen- tary and Secondary Education Act of 1965 (title II of Pub. L. 81–874), titles II, III, V, VI, VII, and VIII of the Elementary and Secondary Education Act of 1965, and the Adult Education Act of 1966 (title III of the Elemen- tary and Secondary Education Amendments of 1966), as now in effect or hereafter from time to time amended’’ as the areas in which the provisions of this chapter shall apply and inserted provision that amendments to the programs covered shall not affect the applicability of this chapter unless so specified by such amendments. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–382, § 3(a)(2), Oct. 20, 1994, 108 Stat. 3518, provided that: ‘‘Title II of this Act [§§ 211 to 272 of Pub. L. 103–382, see Tables for classification] and the amend- ments made by title II of this Act shall take effect on the date of enactment of this Act [Oct. 20, 1994], except that section 236 [enacting section 1228a of this title] (equity for students, teachers, and other program bene- ficiaries) of such title shall be effective— ‘‘(A) July 1, 1995 for noncompetitive programs in which funds are allocated on the basis of a formula; and ‘‘(B) for programs that are conducted on a competi- tive basis, with respect to appropriations for use under such programs in fiscal year 1995 and in subse- quent fiscal years.’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–380, title V, § 505(b), Aug. 21, 1974, 88 Stat. 562, provided that: ‘‘The amendments made by sub- section (a) [amending this section and section 1221g of this title] shall be effective on the tenth day after the date of enactment of this Act [Aug. 21, 1974].’’ SHORT TITLE OF 2013 AMENDMENT Pub. L. 112–278, § 1, Jan. 14, 2013, 126 Stat. 2480, pro- vided that: ‘‘This Act [amending section 1232g of this title] may be cited as the ‘Uninterrupted Scholars Act (USA)’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–297, title III, § 3401, Apr. 28, 1988, 102 Stat. 344, provided that: ‘‘This part [part C (§§ 3401–3403) of title III of Pub. L. 100–297, amending sections 1221e and 1221e–1 of this title and enacting provisions set out as a note under section 1221e–1 of this title] may be cited as the ‘National Assessment of Educational Progress Improvement Act’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–561, title XII, § 1211, Nov. 1, 1978, 92 Stat. 2338, provided that: ‘‘This part [enacting sections 1221–3 and 1231g of this title and amending section 1221e–1 of this title] may be cited as the ‘Control of Paperwork Amendments of 1978’.’’ SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–380, title V, § 513(b)(2), Aug. 21, 1974, 88 Stat. 574, provided that: ‘‘This section [enacting section 1232g of this title and provisions set out as a note under sec- tion 1232g of this title] may be cited as the ‘Family Educational Rights and Privacy Act of 1974’.’’ Executive Documents EX. ORD. NO. 11155. PROVIDING FOR THE RECOGNITION OF CERTAIN STUDENTS AS PRESIDENTIAL SCHOLARS Ex. Ord. No. 11155, May 23, 1964, 29 F.R. 6909, as amended by Ex. Ord. No. 12158, Sept. 18, 1979, 44 F.R. 54451; Ex. Ord. No. 13697, June 22, 2015, 80 F.R. 36691, pro- vided: WHEREAS it is necessary in the national interest that the Federal Government encourage high attain- ment by students in secondary schools, both public and private, throughout the Nation, and WHEREAS national recognition of scholastic attain- ments will tend to enhance the accomplishments of such students generally and their potential after grad- uation: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. There is hereby established the Commis- sion on Presidential Scholars (hereinafter referred to as the Commission). The Commission shall be com- posed of such members as the President may appoint from time to time from among appropriately qualified citizens of the United States. The person chosen each year, with the cooperation of the Commissioner of Edu- cation, Department of Health, Education, and Welfare [now Secretary of Education], as National Teacher of the Year shall be one of the members of the Commis- sion for a period terminating one year after the date of his or her selection as National Teacher of the Year or at such earlier time as a next-succeeding National Teacher of the Year is chosen. The President shall des- ignate one of the members as chairman of the Commis- sion. Members of the Commission shall serve at the pleasure of the President and without compensation from the United States. Page 882 TITLE 20—EDUCATION § 1221–1 SEC. 2. The Commission, in accordance with such standards and procedures as it may prescribe and on the basis of its independent judgment, shall annually choose Presidential Scholars, subject to the following: (1) The Presidential Scholars shall be chosen from among persons who have recently been graduated, or are about to be graduated, from secondary schools, pub- lic or private. (2) They shall be chosen on the basis of their out- standing scholarship. (3) One boy and one girl shall be chosen as Presi- dential Scholars from each of the following, namely: (i) Each State of the United States. (ii) The District of Columbia. (iii) The Commonwealth of Puerto Rico. (iv) The following, collectively: American Samoa, Canal Zone, Guam, Virgin Islands, Trust Territory of the Pacific Islands, and, if the Commission in its dis- cretion shall so determine, other places overseas. In re- spect of the said other places overseas, only children whose parents are citizens of the United States shall be eligible to be chosen hereunder as Presidential Schol- ars from those places. (4) In addition to the 106 Presidential Scholars pro- vided for in paragraph (3), above, the Commission may choose other Presidential Scholars, not exceeding fif- teen in number for any one year, to be chosen at large from the jurisdictions referred to in that paragraph. (5) In addition to the Presidential Scholars provided for in paragraphs (3) and (4) above, the Commission may choose other Presidential Scholars not exceeding twenty in any one year. These Scholars shall be chosen at large, from the jurisdictions referred to in paragraph (3), on the basis of outstanding scholarship and dem- onstrated ability and accomplishment in the visual and performing arts or in creative writing. (6) In addition to the Presidential Scholars provided for in paragraphs (3), (4), and (5) of this section, the Commission may choose other Presidential Scholars not exceeding twenty in any one year. These Scholars shall be chosen at large, from the jurisdictions referred to in paragraph (3), on the basis of outstanding scholar- ship and demonstrated ability and accomplishment in career and technical education fields. SEC. 3. There is hereby established the Presidential Scholars Medallion which shall be of such design and material as the President shall approve and shall be presented to each Presidential Scholar chosen by the Commission under this order. SEC. 4. As necessary and subject to law, the Office of Education [now Department of Education], Department of Health, Education, and Welfare, shall facilitate, or make arrangements for facilitating the carrying out of the purposes of this order. EXECUTIVE ORDER NO. 11761 Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, which provided for coordination of Federal educational pro- grams and which continued Federal Interagency Com- mittee on Education, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EXECUTIVE ORDER NO. 12687 Ex. Ord. No. 12687, Aug. 15, 1989, 54 F.R. 34127, as amended by Ex. Ord. No. 12741, Dec. 31, 1990, 56 F.R. 475; Ex. Ord. No. 12785, Dec. 26, 1991, 56 F.R. 67451, which es- tablished the President’s Education Policy Advisory Committee to advise the President with respect to ob- jectives and conduct of overall education policy of the United States, was revoked by Ex. Ord. No. 12869, § 4(e), Sept. 30, 1993, 58 F.R. 51751, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 1221–1. National policy with respect to equal educational opportunity Recognizing that the Nation’s economic, polit- ical, and social security require a well-educated citizenry, the Congress (1) reaffirms, as a matter of high priority, the Nation’s goal of equal edu- cational opportunity, and (2) declares it to be the policy of the United States of America that every citizen is entitled to an education to meet his or her full potential without financial bar- riers. (Pub. L. 93–380, title VIII, § 801, Aug. 21, 1974, 88 Stat. 597.) Editorial Notes CODIFICATION Section was enacted as part of Education Amend- ments of 1974, and not as part of General Education Provisions Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 93–380, § 2(c), Aug. 21, 1974, 88 Stat. 488, pro- vided that: ‘‘(1) Unless otherwise specified, each provision of this Act [see Tables for classification] and each amendment made by this Act shall be effective on and after the six- tieth day after the enactment of this Act [Aug. 21, 1974]. ‘‘(2) In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1973, or on July 1, 1973, such amendment shall be deemed to have been enacted on June 30, 1973.’’ STUDY OF CIVILIAN AVIATION TRAINING PROGRAMS Pub. L. 102–325, title XIV, § 1410, July 23, 1992, 106 Stat. 821, directed Secretary of Education to enter into appropriate arrangements with National Academy of Sciences Commission on Behavioral and Social Sciences and Education to study civilian aviation training programs needed to satisfy workforce require- ments of commercial aviation industry in year 2000 and beyond, directed Secretary to request that National Academy of Sciences Commission on Behavioral and Social Sciences and Education submit an interim re- port to Secretary and Congress within 1 year after July 23, 1992, and directed that the study be completed with- in 2 years of July 23, 1992, prior to repeal by Pub. L. 105–332, § 6(b)(2), Oct. 31, 1998, 112 Stat. 3128. NATIONAL COMMISSION ON INDEPENDENT HIGHER EDUCATION Pub. L. 102–325, title XIV, part B, July 23, 1992, 106 Stat. 824, as amended by Pub. L. 103–208, § 2(k)(11), Dec. 20, 1993, 107 Stat. 2486, provided that part B could be cited as the ‘‘National Independent Colleges and Uni- versities Discovery Act’’, provided for establishment, membership, etc., of National Commission on Inde- pendent Higher Education, which Commission was to develop factual base for understanding status of inde- pendent colleges and universities, their contributions to public priorities, and effects of national higher edu- cation policies on independent nonprofit sector, to re- view issuance of Federal regulations regarding inde- pendent colleges and universities, and suggest means by which independent colleges and universities can be held accountable for use of public resources without in- appropriate intrusion into institutional autonomy, and to address the relationship between Federal and State policies in independent colleges and universities, par- ticularly with respect to student access and choice, fi- nance, institutional subsidies, and institutional ac- countability, and directed that the Commission termi- nate 3 years after July 23, 1992, prior to repeal by Pub. L. 105–332, § 6(b)(2), Oct. 31, 1998, 112 Stat. 3128. NATIONAL COMMISSION ON COST OF HIGHER EDUCATION Pub. L. 102–325, title XIV, part C, July 23, 1992, 106 Stat. 827, as amended by Pub. L. 103–208, § 2(k)(12), Dec.