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vate school children. If such officials or their rep-
resentatives do not provide such affirmation within 
a reasonable period of time, the local educational 
agency shall forward the documentation that such 
consultation has, or attempts at such consultation 
have, taken place to the State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—If the consultation re-
quired under this section is with a local edu-
cational agency or educational service agency, a 
private school official or representative shall 
have the right to file a complaint with the State 
educational agency that the consultation re-
quired under this section was not meaningful 
and timely, did not give due consideration to 
the views of the private school official or rep-
resentative, or did not treat the private school 
or its students equitably as required by this sec-
tion. 
‘‘(B) PROCEDURE.—If the private school 
official or representative wishes to file a com-
plaint, the private school official or representa-
tive shall provide the basis of the noncompli-
ance with this section and all parties shall pro-
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vide the appropriate documentation to the ap-
propriate officials or representatives. 
‘‘(C) 
SERVICES.—A 
State 
educational 
agency shall provide services under this section 
directly or through contracts with public and 
private agencies, organizations, and institutions, 
if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the 
requirements of this section; or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in such agency’s school at-
tendance areas, as defined in section 
1113(a)(2)(A), that are not being 
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served by the agency’s program under 
this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a school at-
tendance area, as defined in section 
1113(a)(2)(A), are not being served 
by the agency’s program under this 
section. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used 
to provide services under this section, and title to 
materials, equipment, and property purchased with 
those funds, shall be in a public agency for the uses 
and purposes provided in this Act, and a public 
agency shall administer the funds and property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) IN GENERAL.—The provision of serv-
ices under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through contract by the public 
agency with an individual, association, 
agency, organization, or other entity. 
‘‘(B) INDEPENDENCE; PUBLIC AGENCY.— 
In the provision of those services, the employee, 
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person, association, agency, organization, or 
other entity shall be independent of the private 
school and of any religious organization, and 
the employment or contract shall be under the 
control and supervision of the public agency. 
‘‘(C) COMMINGLING
OF
FUNDS
PROHIB-
ITED.—Funds used to provide services under 
this section shall not be commingled with non- 
Federal funds. 
‘‘SEC. 6502. STANDARDS FOR BY-PASS. 
‘‘(a) IN GENERAL.—If, by reason of any provision of 
law, a State educational agency, local educational agency, 
educational service agency, consortium of those agencies, 
or other entity is prohibited from providing for the partici-
pation in programs of children enrolled in, or teachers or 
other educational personnel from, private elementary 
schools and secondary schools, on an equitable basis, or 
if the Secretary determines that the agency, consortium, 
or entity has substantially failed or is unwilling to provide 
for that participation, as required by section 6501, the 
Secretary shall— 
‘‘(1) waive the requirements of that section for 
the agency, consortium, or entity; and 
‘‘(2) arrange for the provision of equitable serv-
ices to those children, teachers, or other educational 
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personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 6501, 6503, and 6504. 
‘‘(b) DETERMINATION.—In making the determina-
tion under subsection (a), the Secretary shall consider one 
or more factors, including the quality, size, scope, and lo-
cation of the program, and the opportunity of private 
school children, teachers, and other educational personnel 
to participate in the program. 
‘‘SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for 
receiving, investigating, and resolving complaints from 
parents, teachers, or other individuals and organizations 
concerning violations of section 6501 by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or entity. 
The individual or organization shall submit the complaint 
to the State educational agency for a written resolution 
by the State educational agency within 45 days. 
‘‘(b) APPEALS TO SECRETARY.—The resolution may 
be appealed by an interested party to the Secretary not 
later than 30 days after the State educational agency re-
solves the complaint or fails to resolve the complaint with-
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in the 45-day time limit. The appeal shall be accompanied 
by a copy of the State educational agency’s resolution, 
and, if there is one, a complete statement of the reasons 
supporting the appeal. The Secretary shall investigate and 
resolve the appeal not later than 90 days after receipt of 
the appeal. 
‘‘Subpart 2—Prohibitions 
‘‘SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the 
Federal Government shall, directly or indirectly, through 
grants, contracts, or other cooperative agreements, man-
date, direct, incentivize, or control a State, local edu-
cational agency, or school’s specific instructional content, 
academic standards and assessments, curricula, or pro-
gram of instruction, (including any requirement, direction, 
incentive, or mandate to adopt the Common Core State 
Standards developed under the Common Core State 
Standards Initiative or any other academic standards com-
mon to a significant number of States), nor shall anything 
in this Act be construed to authorize such officer or em-
ployee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee 
of the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative agree-
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ments, make financial support available in a manner that 
is conditioned upon a State, local educational agency, or 
school’s adoption of specific instructional content, aca-
demic standards and assessments, curriculum, or program 
of instruction, (including any requirement, direction, or 
mandate to adopt the Common Core State Standards de-
veloped under the Common Core State Standards Initia-
tive, any other academic standards common to a signifi-
cant number of States, or any assessment, instructional 
content, or curriculum aligned to such standards), even 
if such requirements are specified in an Act other than 
this Act, nor shall anything in this Act be construed to 
authorize such officer or employee to do so. 
‘‘SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of 
the Federal Government directly or indirectly, whether 
through a grant, contract, or cooperative agreement, to 
mandate, direct, or control a State, local educational agen-
cy, or school’s curriculum, program of instruction, or allo-
cation of State or local resources, or mandate a State or 
any subdivision thereof to spend any funds or incur any 
costs not paid for under this Act. 
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‘‘(b) PROHIBITION
ON ENDORSEMENT
OF CUR-
RICULUM.—Notwithstanding any other prohibition of Fed-
eral law, no funds provided to the Department under this 
Act may be used by the Department directly or indi-
rectly—whether through a grant, contract, or cooperative 
agreement—to endorse, approve, develop, require, or sanc-
tion any curriculum, including any curriculum aligned to 
the Common Core State Standards developed under the 
Common Core State Standards Initiative or any other aca-
demic standards common to a significant number of 
States, designed to be used in an elementary school or sec-
ondary school. 
‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 
construed to— 
‘‘(1) authorize an officer or employee of the 
Federal Government directly or indirectly—whether 
through a grant, contract, or cooperative agree-
ment—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 Edu-
cation Provisions Act; 
‘‘(3) require the distribution of scientifically or 
medically false or inaccurate materials or to prohibit 
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the distribution of scientifically or medically true or 
accurate materials; or 
‘‘(4) create any legally enforceable right. 
‘‘(d) PROHIBITION
ON REQUIRING FEDERAL AP-
PROVAL OR CERTIFICATION OF STANDARDS.—Notwith-
standing any other provision of Federal law, no State shall 
be required to have academic standards approved or cer-
tified by the Federal Government, in order to receive as-
sistance under this Act. 
‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND-
ARDS.—Nothing in this Act shall be construed to mandate 
national school building standards for a State, local edu-
cational agency, or school. 
‘‘SEC. 6523. 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, pilot test, field test, implement, administer, or 
distribute any federally sponsored national test or testing 
materials in reading, mathematics, or any other subject, 
unless specifically and explicitly authorized by law. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 
international comparative assessments developed under 
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the authority of section 153(a)(5) of the Education 
Sciences Reform Act of 2002 and administered to only a 
representative sample of pupils in the United States and 
in foreign nations. 
‘‘SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CER-
TIFICATION FOR TEACHERS. 
‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI-
CATION OF TEACHERS.—Notwithstanding any other pro-
vision of this Act or any other provision of law, no funds 
available to the Department or otherwise available under 
this Act may be used for any purpose relating to a manda-
tory nationwide test or certification of teachers or edu-
cation paraprofessionals, including any planning, develop-
ment, implementation, or administration of such test or 
certification. 
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 
Secretary is prohibited from withholding funds from any 
State educational agency or local educational agency if the 
State educational agency or local educational agency fails 
to adopt a specific method of teacher or paraprofessional 
certification. 
‘‘SEC. 6525. PROHIBITED USES OF FUNDS. 
‘‘No funds under this Act may be used— 
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‘‘(1) for construction, renovation, or repair of 
any school facility, except as authorized under title 
IV or otherwise authorized under this Act; 
‘‘(2) for medical services, drug treatment or re-
habilitation, except for specialized instructional sup-
port services or referral to treatment for students 
who are victims of, or witnesses to, crime or who il-
legally use drugs; 
‘‘(3) for transportation unless otherwise author-
ized under this Act; 
‘‘(4) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage 
sexual activity, or normalize teen sexual activity as 
an expected behavior, implicitly or explicitly, whether 
homosexual or heterosexual; 
‘‘(5) to distribute or to aid in the distribution 
on school grounds by any organization of legally ob-
scene materials to minors or any instruction or ma-
terials that normalize teen sexual activity as an ex-
pected behavior; 
‘‘(6) to provide sex education or HIV-prevention 
education in schools unless that instruction is age 
appropriate and includes the health benefits of absti-
nence; or 
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