(b) CONFORMING AMENDMENT.—Section 9527(a) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7907(a)) is amended by striking ‘‘curriculum, pro-
gram of instruction, or’’. 
SEC. 3. PROHIBITION ON REQUIRING ADOPTION OF COM-
MON STANDARDS WITH RESPECT TO WAIV-
ERS. 
(a) PROHIBITION.—Section 9401 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7861) 
is amended by adding at the end the following: 
‘‘(h) PROHIBITION ON REQUIRING CERTAIN STAND-
ARDS FOR WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary shall not re-
quire that a State, local educational agency, Indian 
tribe, or school adopt, as a prerequisite or condition 
for any waiver under this section, any specific in-
structional content, academic standard, assessment, 
curriculum, or program of instruction, including— 
‘‘(A) the Common Core State Standards 
developed under the Common Core State Stand-
ards Initiative, any other academic standards 
common to a number of States, or any specific 
statewide or nationally recognized content 
standards; or 
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‘‘(B) any assessment, instructional content, 
or curriculum aligned to, or based on, any spe-
cific academic standards, including any of the 
standards described in subparagraph (A). 
‘‘(2) EFFECT
ON
PREVIOUSLY
ISSUED
WAIV-
ERS.— 
‘‘(A) IN GENERAL.—Any requirement de-
scribed in paragraph (1) that was required for 
a waiver provided to a State, local educational 
agency, Indian tribe, or school under this sec-
tion before the date of enactment of the Local 
Control of Education Act shall be void and have 
no force of law. 
‘‘(B) PROHIBITED
ACTIONS.—The Sec-
retary shall not— 
‘‘(i) enforce any requirement that is 
void pursuant to subparagraph (A); and 
‘‘(ii) require the State, local edu-
cational agency, Indian tribe, or school to 
reapply for a waiver, or to agree to any 
other conditions to replace any require-
ments that is void pursuant to subpara-
graph (A), until the end of the period of 
time specified under the waiver. 
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‘‘(C) NO
EFFECT
ON
OTHER
PROVI-
SIONS.—Any other provisions or requirements 
of a waiver provided under this section before 
the date of enactment of the Local Control of 
Education Act that are not affected by subpara-
graph (A) shall remain in effect for the period 
of time specified under the waiver.’’. 
SEC. 4. PROHIBITION IN RACE TO THE TOP FUNDING. 
Title XIV of Division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111–5) is 
amended by inserting after section 14007 the following: 
‘‘SEC. 14007A. PROHIBITION ON REQUIRING OR PREFER-
RING COMMON STANDARDS. 
‘‘The prohibitions of section 9527(e) of the Elemen-
tary and Secondary Education Act of 1965 shall apply to 
each grant awarded under section 14006 or 14007 in the 
same manner as such prohibitions apply to a grant award-
ed under such Act.’’. 
Æ 
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