SEC. 8041.

ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; TECHNICAL ASSISTANCE

Section Summary

ESSA

SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS;

TECHNICAL ASSISTANCE.

Subpart 2 of part F of title VIII, as amended and redesignated by

section 8001 of this Act, is further amended by adding at the end the

following:

``SEC. 8549. <<NOTE: 20 USC 7929.>> ANALYSIS AND PERIODIC REVIEW

OF DEPARTMENTAL GUIDANCE.

``The Secretary shall develop procedures for the approval and

periodic review of significant guidance documents that include--

``(1) appropriate approval processes within the Department;

``(2) appropriate identification of the agency or office

issuing the documents, the activities to which and the persons

to whom the documents apply, and the date of issuance;

``(3) a publicly available list to identify those

significant guidance documents that were issued, revised, or

withdrawn within the past year; and

``(4) an opportunity for the public to request that an

agency modify or rescind an existing significant guidance

document.

``SEC. 8549A <<NOTE: 20 USC 7930.>> SENSE OF CONGRESS.

``(a) Findings.--The Congress finds as follows:

``(1) This Act prohibits the Federal Government from

mandating, directing, or controlling a State, local educational

[[Page 129 STAT. 2122]]

agency, or school's curriculum, program of instruction, or

allocation of State and local resources, and from mandating a

State or any subdivision thereof to spend any funds or incur any

costs not paid for under this Act.

``(2) This Act prohibits the Federal Government from funding

the development, pilot testing, field testing, implementation,

administration, or distribution of any federally sponsored

national test in reading, mathematics, or any other subject,

unless specifically and explicitly authorized by law.

``(b) Sense of Congress.--It is the sense of the Congress that

States and local educational agencies retain the rights and

responsibilities of determining educational curriculum, programs of

instruction, and assessments for elementary and secondary education.

``SEC. 8549B. <<NOTE: 20 USC 7931.>> SENSE OF CONGRESS ON EARLY

LEARNING AND CHILD CARE.

``It is the Sense of the Congress that a State retains the right to

make decisions, free from Federal intrusion, concerning its system of

early learning and child care, and whether or not to use funding under

this Act to offer early childhood education programs. Such systems

should continue to include robust choice for parents through a mixed

delivery system of services so parents can determine the right early

learning and child care option for their children. States, while

protecting the rights of early learning and child care providers, retain

the right to make decisions that shall include the age at which to set

compulsory attendance in school, the content of a State's early learning

guidelines, and how to determine quality in programs.

``SEC. 8549C. <<NOTE: 20 USC 7932.>> TECHNICAL ASSISTANCE.

``If requested by a State or local educational agency, a regional

educational laboratory under part D of the Education Sciences Reform Act

of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to

such State or local educational agency in meeting the requirements of

section 8101(21).''

NCLB Text

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