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§ 3403. —  Relationship with States.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 20USC3403]

 
                           TITLE 20--EDUCATION
 
                   CHAPTER 48--DEPARTMENT OF EDUCATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 3403. Relationship with States


(a) Rights of local governments and educational institutions

    It is the intention of the Congress in the establishment of the 
Department to protect the rights of State and local governments and 
public and private educational institutions in the areas of educational 
policies and administration of programs and to strengthen and improve 
the control of such governments and institutions over their own 
educational programs and policies. The establishment of the Department 
of Education shall not increase the authority of the Federal Government 
over education or diminish the responsibility for education which is 
reserved to the States and the local school systems and other 
instrumentalities of the States.

(b) Curriculum, administration, and personnel; library resources

    No provision of a program administered by the Secretary or by any 
other officer of the Department shall be construed to authorize the 
Secretary or any such officer to exercise any direction, supervision, or 
control over the curriculum, program of instruction, administration, or 
personnel of any educational institution, school, or school system, over 
any accrediting agency or association, or over the selection or content 
of library resources, textbooks, or other instructional materials by any 
educational institution or school system, except to the extent 
authorized by law.

(c) Funding under pre-existing programs

    The Secretary shall not, during the period within eight months after 
May 4, 1980, take any action to withhold, suspend, or terminate funds 
under any program transferred by this chapter by reason of the failure 
of any State to comply with any applicable law requiring the 
administration of such a program through a single organizational unit.

(Pub. L. 96-88, title I, Sec. 103, Oct. 17, 1979, 93 Stat. 670.)

                          Codification

    In subsec. (c), ``May 4, 1980'' substituted for ``the effective date 
of this chapter'' pursuant to section 601 of Pub. L. 96-88, set out as 
an Effective Date note under section 3401 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1099c-1, 3224a of this 
title.



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