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Title 20 — Education

Part F · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 7909. Prohibition on federally sponsored testing

Statutory text

(a)

General prohibition

Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this chapter to the Secretary or to the recipient of any award may be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States.

(b)

Exceptions

Subsection (a) shall not apply to international comparative assessments developed under the authority of section 9543(a)(6) of this title and administered to only a representative sample of pupils in the United States and in foreign nations.

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. Elementary and Secondary Education Act of 1965

    Pub. L. 89–10 title VIII § 8529 · 79 Stat. 27

    Enacted · 20 U.S.C. § 7909

    Pub. L. 89–10, title VIII, § 8529, formerly title IX, § 9529, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984

    Source evidence

    Code source credit
    Pub. L. 89–10, title VIII, § 8529, formerly title IX, § 9529, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1984

  2. Pub. L. 107–279 title IV § 404(d)(9) · 116 Stat. 1940

    Substituted · 20 U.S.C. § 7909(b)

    Pub. L. 107–279 substituted “section 9543(a)(5) of this title” for “section 9003(a)(6) of this title”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–279 substituted “section 9543(a)(5) of this title” for “section 9003(a)(6) of this title”.

    Enacted provision · exact public law section
    (9) Section 9529(b) is amended by striking “section 404(a)(6) of the National Education Statistics Act of 1994” and inserting “section 153(a)(5) of the Education Sciences Reform Act of 2002”.

  3. Every Student Succeeds Act

    Pub. L. 114–95 § 8026 · 129 Stat. 1802

    Amended · 20 U.S.C. § 7909

    Pub. L. 114–95, § 8026, amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to general prohibition on federally sponsored testing and exceptions, respectively

    Source evidence

    Code amendment note
    Pub. L. 114–95, § 8026, amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to general prohibition on federally sponsored testing and exceptions, respectively.

    Enacted provision · exact public law section
    SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING.   Section 8529, 20 USC 7909. as redesignated by section 8001 of this Act, is amended to read as follows: “SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING. “(a) General Prohibition.— Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States. “(b) Exceptions.— Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(6)) and administered to only a representative sample of pupils in the United States and in foreign nations.” .

    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.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 7909, Pub. L. 89–10, title IX, § 9209, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3803, related to Native Hawaiian curriculum development and teacher training and recruitment programs, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.

Amendments2002–2015 · 2 rounds

2015

Pub. L. 114–95, § 8026, amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to general prohibition on federally sponsored testing and exceptions, respectively.

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 · 3 acts
  1. 2002Pub. L. 89–10, title VIII, § 8529, formerly title IX, § 9529, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1984
  2. 2002amended Pub. L. 107–279, title IV, § 404(d)(9), , 116 Stat. 1986
  3. 2015renumbered title VIII, § 8529, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8026, , 129 Stat. 2088, 2089, 2115.
Show as published

(Pub. L. 89–10, title VIII, § 8529, formerly title IX, § 9529, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1984; amended Pub. L. 107–279, title IV, § 404(d)(9), , 116 Stat. 1986; renumbered title VIII, § 8529, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8026, , 129 Stat. 2088, 2089, 2115.)

Parsed from the official OLRC USLM XML in data/usc_all/usc20.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t20/s7909