Title 20 — Education
Part F · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools
§ 7904. School prayer
Statutory text
Guidance
The Secretary shall provide and revise guidance, not later than , and of every second year thereafter, to State educational agencies, local educational agencies, and the public on constitutionally protected prayer in public elementary schools and secondary schools, including making the guidance available by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner. The guidance shall be reviewed, prior to distribution, by the Office of Legal Counsel of the Department of Justice for verification that the guidance represents the current state of the law concerning constitutionally protected prayer in public elementary schools and secondary schools.
Certification
As a condition of receiving funds under this chapter, a local educational agency shall certify in writing to the State educational agency involved that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational agencies that have not filed the certification or against which complaints have been made to the State educational agency that the local educational agencies are not in compliance with this section.
Enforcement
The Secretary is authorized and directed to effectuate subsection (b) by issuing, and securing compliance with, rules or orders with respect to a local educational agency that fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools.
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.
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title VIII § 8524 · 79 Stat. 27
Enacted · 20 U.S.C. § 7904
Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980
Source evidence
Code source credit
Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980Every Student Succeeds Act
Pub. L. 114–95 § 8021 · 129 Stat. 1802
Substituted · 20 U.S.C. § 7904(a)
Pub. L. 114–95, § 8021, substituted “by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner” for “on the Internet”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–95, § 8021, substituted “by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner” for “on the Internet”.Enacted provision · exact public law section
SEC. 8021. SCHOOL PRAYER. Section 8524(a), 20 USC 7904. as redesignated by section 8001 of this Act, is amended by striking “on the Internet” and inserting “by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner”.Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 7904, Pub. L. 89–10, title IX, § 9204, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3798, established the Native Hawaiian Education Council and island councils, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.
Amendments
2015—Subsec. (a). Pub. L. 114–95, § 8021, substituted “by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner” for “on the Internet”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Credits
2002–2015 · 2 acts
- 2002Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1980
- 2015renumbered title VIII, § 8524, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8021, , 129 Stat. 2088, 2089, 2112.
Show as published
(Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1980; renumbered title VIII, § 8524, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8021, , 129 Stat. 2088, 2089, 2112.)