SEC. 8023.

PROHIBITIONS

Section Summary

ESSA

SEC. 8023. PROHIBITIONS.

Title VIII, as redesignated and amended by section 8001 of this Act,

is further amended by inserting after section 8526 the following:

``SEC. 8526A. <<NOTE: 20 USC 7906a.>> PROHIBITION AGAINST FEDERAL

MANDATES, DIRECTION, OR CONTROL.

``(a) In General.--No officer or employee of the Federal Government

shall, through grants, contracts, or other cooperative agreements,

mandate, direct, or control a State, local educational agency, or

school's specific instructional content, academic standards and

assessments, curricula, or program of instruction developed and

implemented to meet the requirements of this Act (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), nor shall anything in this Act be construed to authorize

such officer or employee to do so.

``(b) Financial Support.--No officer or employee of the Federal

Government shall condition or incentivize the receipt of any grant,

contract, or cooperative agreement, the receipt of any priority or

preference under such grant, contract, or cooperative agreement, or the

receipt of a waiver under section 8401 upon a State, local educational

agency, or school's adoption or implementation of specific instructional

content, academic standards and assessments, curricula, or program of

instruction developed and implemented to meet the requirements of this

Act (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).''

NCLB Text

``SEC. 9526. <<NOTE: 20 USC 7906.>> GENERAL PROHIBITIONS.

``(a) Prohibition.--None of the funds authorized under this Act

shall be used--

``(1) to develop or distribute materials, or operate

programs or courses of instruction directed at youth, that are

designed to promote or encourage sexual activity, whether

homosexual or heterosexual;