§ 2306a. Prohibitions

Footnotes

1. 1 So in original. Probably should be “title 5 (commonly”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Pub. L. 88–210 § 8 · 77 Stat. 403

   Enacted · 20 U.S.C. § 2306a

   Pub. L. 88–210, § 8, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690

   Source evidence

   Code source credit
   Pub. L. 88–210, § 8, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690

   Enacted provision · exact public law section
   Sec. 8. definitions For the purposes of this part— (1) The term “vocational education” means vocational or technical training or retraining which is given in schools or classes (including field or laboratory work incidental thereto) under public supervision and control or under contract with a State board or local educational agency, and is conducted as part of a program designed to fit individuals for gainful employment as semiskilled or skilled workers or technicians in recognized occupations (including any program designed to fit individuals for gainful employment in business and office occupations, and any program designed to fit individuals for gainful employment which may be assisted by Federal funds under the Vocational 60 Stat. 775. 20 USC 151 note. Education Act of 1946 and supplementary vocational education Acts, but excluding any program to fit individuals for employment in occupations which the Commissioner determines, and specifies in regulations, to be generally considered professional or as requiring a baccalaureate or higher degree). Such term includes vocational guidance and counseling in connection with such training, instruction related to the occupation for which the student is being trained or necessary for him to benefit from such training, the training of persons engaged as, or preparing to become vocational education teachers, teacher-trainers, supervisors, and direct ore for such training, travel of students and vocational education personnel, and the acquisition and maintenance and repair of instructional supplies, teaching aids and equipment, but does not include the construction or initial equipment of buildings or the acquisition or rental of land. (2) The term “area vocational education school” means— (A) a specialized high school used exclusively or principally for the provision of vocational education to persons who are available for full-time study in preparation for entering the labor market, or (B) the department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to persons who are available for full-time study in preparation for entering the labor market, or (C) a technical or vocational school used exclusively or principally for the provision of vocational education to persons who have completed or left high school and who are available for full-time study in preparation for entering the labor market, or (D) the department or division of a junior college or community college or university which provides vocational education in no less than five different occupational fields, under the supervision of the State Board, leading to immediate employment but not leading to a baccalaureate degree, if it is available to all residents of the State or an area of the State designated and approved by the State Board, and if, in the case of a school, department, or division described in (C) or (D), it admits as regular students both persons who have completed high school and persons who have left high school. (3) The term “school facilities” means classrooms and related facilities (including initial equipment) and interests in land on which such facilities are constructed. Such term shall not include any facility intended primarily for events for which admission is to be charged to the general public. (4) The term “construction” includes construction of new buildings and expansion, remodeling, and alteration of existing buildings, and includes site grading and improvement and architect fees. (5) The term “Commissioner’ means the Commissioner of Education. (6) The term “State” includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (7) The term “State board” means the State board designated or created pursuant to section 5 of the Smith-Hughes Act (that is the Act approved February 23, 1917 (39 Stat. 929, ch. 114; 29 U.S.C. 11–15, 16–28)) to secure to the State the benefits of that Act. (8) The term “local educational agency” means a board of education or oilier legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program. (9) The term “high school” does not include any grade beyond grade 12. (10) The term “Vocational Education Act of 1946” means titles I, II, and III of the Act of June 8, 1936, as amended (20 U.S.C. 15i–15 m, 15o–15q, 15aa–15jj, 15aaa–15ggg). 60 Stat. 775; 70 Stat. 925; 72 Stat. 1597. (11) The term “supplementary vocational education Acts” means section 1 of the Art of March 3, 1931 (20 U.S.C. 30) (relating to vocational education in Puerto Rico), the Act of March 18, 1950 (20 U.S.C. 46 Stat. 1489. 64 Stat. 27. 31–33) (relating to vocational education in the Virgin Islands), and section 9 of the Act. of August 1, 1956 (20 U.S.C. 34) (relating to 70 Stat. 909. vocational education in Guam).

2. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 title IX § 9215(n)(2) · 129 Stat. 1802

   Substituted · 20 U.S.C. § 2306a(e)

   Pub. L. 114–95 substituted “section 6311(b)(1) of this title” for “section 6311(b)(1)(D) of this title”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 114–95 substituted “section 6311(b)(1) of this title” for “section 6311(b)(1)(D) of this title”.

   Enacted provision · exact public law section
   (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking “section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965” and inserting “section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”.

3. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 201(b) · 132 Stat. 1563

   Amended · 20 U.S.C. § 2306a(a)

   Pub. L. 115–224, § 201(b), which made technical amendment to references in original Act which appeared in text as references to sections 2391(b) and 2413 of this title, could not be executed because of the intervening amendment by Pub. L. 115–224, § 9(1), which had already amended those references. See below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–224, § 201(b), which made technical amendment to references in original Act which appeared in text as references to sections 2391(b) and 2413 of this title, could not be executed because of the intervening amendment by Pub. L. 115–224, § 9(1), which had already amended those references. See below.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 8(a) (20 U.S.C. 2306a(a)) is amended by striking “311(b), and 323” and inserting “211(b), and 223”.

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

4. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 9(1) · 132 Stat. 1563

   1. Substituted · 20 U.S.C. § 2306a(a)

      Pub. L. 115–224, § 9(1), substituted “Federal Government—” for “Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter, except as required under sections 2322(b), 2391(b), and 2413 of this title.”

   2. Added · 20 U.S.C. § 2306a(a)

      Pub. L. 115–224, § 9(1), added pars. (1) to (3)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–224, § 9(1), substituted “Federal Government—” for “Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter, except as required under sections 2322(b), 2391(b), and 2413 of this title.” and added pars. (1) to (3).

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “Federal Government to mandate,” and all that follows through the period at the end and inserting “Federal Government— “(1) to condition or incentivize the receipt of any grant, contract, or cooperative agreement, or the receipt of any priority or preference under such grant, contract, or cooperative agreement, upon a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); “(2) through grants, contracts, or other cooperative agreements, to mandate, direct, or control a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); or “(3) except as required under sections 112(b), 211(b), and 223— “(A) to mandate, direct, or control the allocation of State or local resources; or “(B) to mandate that a State or a political subdivision of a State spend any funds or incur any costs not paid for under this Act.” ;

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

5. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 9(2) · 132 Stat. 1563

   Amended · 20 U.S.C. § 2306a(d)

   Pub. L. 115–224, § 9(2), amended subsec. (d) generally. Prior to amendment, text read as follows: “Nothing in this section shall be construed to affect the requirements under section 2323 of this title.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–224, § 9(2), amended subsec. (d) generally. Prior to amendment, text read as follows: “Nothing in this section shall be construed to affect the requirements under section 2323 of this title.”

   Enacted provision · exact public law section
   (2) by amending subsection (d) to read as follows: “(d) Rule of Construction.— Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code, (commonly known as the “Administrative Procedure Act”) or chapter 8 of title 5, United States Code, commonly known as the “Congressional Review Act”).” ; and

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

6. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 9(3) · 132 Stat. 1563

   Added · 20 U.S.C. § 2306a(f)

   Pub. L. 115–224, § 9(3), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 115–224, § 9(3), added subsec. (f).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(f) Congressional Notice and Comment.— “(1) Notice to congress.— Not less than 15 business days prior to issuing a notice of proposed rulemaking related to this Act in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— “(A) a copy of the proposed regulation; “(B) the need to issue the regulation; “(C) a description of how the regulation is consistent with the scope of this Act; “(D) the anticipated burden (including the time, cost, and paperwork burden) the regulation will impose on an eligible agency, institution, or recipient that may be impacted by the regulation, including the potential impact on rural areas; “(E) the anticipated benefits to an eligible agency, institution, or recipient that may be impacted by the regulation, including in rural areas; and “(F) any regulations that will be repealed when the new regulation is issued. “(2) Comment period for congress.— The Secretary shall— “(A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and “(B) include and seek to address all comments submitted by members of Congress in the public rulemaking record for the regulation published in the Federal Register. “(3) Comment and review period; emergency situations.— The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall— “(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1); “(B) publish the length of the comment and review period in such notice and in the Federal Register; and “(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.” .

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

7 of 7 references resolved to an enrolled provision