SEC. 8022.

PROHIBITED USES OF FUNDS

Section Summary

ESSA

SEC. 8022. PROHIBITED USES OF FUNDS.

Section 8526, <<NOTE: 20 USC 7906.>> as redesignated by section 8001

of this Act, is amended--

(1) by striking the section heading and inserting

``prohibited uses of funds'';

(2) in subsection (a)--

(A) by redesignating paragraphs (1) through (4) as

paragraphs (3) through (6), respectively; and

(B) by inserting before paragraph (3) (as

redesignated by subparagraph (A)) the following:

``(1) for construction, renovation, or repair of any school

facility, except as authorized under this Act;

``(2) for transportation unless otherwise authorized under

this Act;'';

[[Page 129 STAT. 2113]]

(3) by striking ``(a)Prohibition.--None of the funds

authorized under this Act shall be used'' and inserting ``No

funds under this Act may be used''; and

(4) by striking subsection (b).

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;

``(2) to distribute or to aid in the distribution by any

organization of legally obscene materials to minors on school

grounds;

``(3) to provide sex education or HIV-prevention education

in schools unless that instruction is age appropriate and

includes the health benefits of abstinence; or

``(4) to operate a program of contraceptive distribution in

schools.

``(b) Local Control.--Nothing in this section shall be construed

to--

``(1) authorize an officer or employee of the Federal

Government to mandate, direct, review, or control a State, local

educational agency, or school's instructional content,

curriculum, and related activities;

``(2) limit the application of the General Education

Provisions Act;

``(3) require the distribution of scientifically or

medically false or inaccurate materials or to prohibit the

distribution of scientifically or medically true or accurate

materials; or

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``(4) create any legally enforceable right.