Notes on 20 U.S.C. § 1221 : US Code - Notes

Search Notes on 20 U.S.C. § 1221 : US Code - Notes

(Pub. L. 90-247, title IV, Sec. 400, formerly Sec. 401, Jan. 2,
1968, 81 Stat. 814; Pub. L. 90-576, title III, Sec. 301(a), Oct.
16, 1968, 82 Stat. 1094; Pub. L. 91-230, title IV, Sec. 401(a)(2),
Apr. 13, 1970, 84 Stat. 164; renumbered Sec. 400, Pub. L. 92-318,
title III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; Pub. L. 93-
380, title V, Sec. 505(a)(1), Aug. 21, 1974, 88 Stat. 561; Pub. L.
103-382, title II, Sec. 211, Oct. 20, 1994, 108 Stat. 3912.)
REFERENCES IN TEXT
The Department of Education Organization Act, referred to in
subsec. (c)(1), is Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 668, as
amended, which is classified principally to chapter 48 (Sec. 3401
et seq.) of this title. For the effective date of the Act, see
Effective Date note set out under section 3401 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 3401 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
Act is classified generally to subchapter V (Sec. 2000d et seq.) of
chapter 21 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 2000a of Title 42 and Tables.
The Education Amendments of 1972, referred to in subsec. (d), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX
of the Act, known as the Patsy Takemoto Mink Equal Opportunity in
Education Act, is classified principally to chapter 38 (Sec. 1681
et seq.) of this title. For complete classification of title IX to
the Code, see Short Title note set out under section 1681 of this
title and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (d), is
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V
of the Act is classified generally to subchapter V (Sec. 790 et
seq.) of chapter 16 of Title 29, Labor. For complete classification
of this Act to the Code, see Short Title note set out under section
701 of Title 29 and Tables.
The Age Discrimination Act, referred to in subsec. (d), probably
means the Age Discrimination Act of 1975, which is title III of
Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, and which
is classified generally to chapter 76 (Sec. 6101 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section
6101 of Title 42 and Tables.
AMENDMENTS
1994 - Pub. L. 103-382 amended section generally, inserting
provision that this chapter not apply to any contract made by the
Department of Education, substituting definition of "Department" as
meaning Department of Education for definition of "Director" as
meaning Director of the National Institute of Education, striking
out reference to the Civil Rights Act of 1964, adding references to
title VI of the Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, title V of the Rehabilitation Act of 1973, the
Age Discrimination Act, and other statutes prohibiting
discrimination, and striking out provision authorizing
appropriations for any fiscal year of such sums as may be necessary
to carry out the provisions of this chapter.
1974 - Subsec. (a). Pub. L. 93-380 redesignated subsec. (d) as
(a). Former subsec. (a) provisions "The provisions of this chapter
shall apply to any program for which the Commissioner of Education
has responsibility for administration, either as provided by
statute or by delegation pursuant to statute. Amendments to Acts
authorizing such programs shall not affect the applicability of
this chapter unless so specified by such amendments" were
incorporated in part in subsec. (b).
Subsec. (b). Pub. L. 93-380 incorporated subsec. (a) provisions
in subsec. (b), inserting introductory text "Except where otherwise
specified,", substituting "an administrative head of an education
agency has administrative responsibility as provided by law or by
delegation of authority pursuant to law" for "the Commissioner of
Education has responsibility for administration, either as provided
by statute or by delegation pursuant to statute.", deleting
"Amendments to Acts authorizing such programs shall not affect the
applicability of this chapter unless so specified by such
amendments." Former subsec. (b) definition provisions for
"Commissioner", "Secretary", and "applicable program" incorporated
in subsec. (c)(1).
Subsec. (c). Pub. L. 93-380 incorporated subsec. (b)(3), (1), (2)
provisions in par. (1)(A), (D), (F), respectively; inserted in par.
(1)(A) ", under the terms of subsection (b) of this section,"; and
added pars. (1)(B), (C), (E), (2), and (3). Former subsec. (c)
provisions "There are hereby authorized to be appropriated for any
fiscal year, as part of the appropriations for salaries and
expenses for the Office of Education, such sums as the Congress may
determine to be necessary to carry out the provisions of this
chapter," incorporated in subsec. (d).
Subsec. (d). Pub. L. 93-380 incorporated subsec. (c) provisions
in provisions designated as subsec. (d), inserting introductory
text "Except as otherwise limited in this chapter,", and deleting
", as part of the appropriations for salaries and expenses for the
Office of Education," after "fiscal year". Former subsec. (d)
redesignated (a).
Subsec. (e). Pub. L. 93-380 added subsec. (e).
1970 - Pub. L. 91-230, Sec. 401(a)(2)(A), provided for
definitions and authorization of appropriations in section
catchline.
Subsecs. (b), (c). Pub. L. 91-230, Sec. 401(a)(2)(B), added
subsecs. (b) and (c).
1968 - Pub. L. 90-576 substituted general reference to "any
program for which the Commissioner of Education has responsibility
for administration, either as provided by statute or by delegation
pursuant to statute" for specific references to "title I of the
Elementary and Secondary Education Act of 1965 (title II of Pub. L.
81-874), titles II, III, V, VI, VII, and VIII of the Elementary and
Secondary Education Act of 1965, and the Adult Education Act of
1966 (title III of the Elementary and Secondary Education
Amendments of 1966), as now in effect or hereafter from time to
time amended" as the areas in which the provisions of this chapter
shall apply and inserted provision that amendments to the programs
covered shall not affect the applicability of this chapter unless
so specified by such amendments.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 3(a)(2) of Pub. L. 103-382 provided that: "Title II of
this Act [Secs. 211 to 272 of Pub. L. 103-382, see Tables for
classification] and the amendments made by title II of this Act
shall take effect on the date of enactment of this Act [Oct. 20,
1994], except that section 236 [enacting section 1228a of this
title] (equity for students, teachers, and other program
beneficiaries) of such title shall be effective -
"(A) July 1, 1995 for noncompetitive programs in which funds
are allocated on the basis of a formula; and
"(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in
fiscal year 1995 and in subsequent fiscal years."
EFFECTIVE DATE OF 1974 AMENDMENT
Section 505(b) of Pub. L. 93-380 provided that: "The amendments
made by subsection (a) [amending this section and section 1221g of
this title] shall be effective on the tenth day after the date of
enactment of this Act [Aug. 21, 1974]."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-297, title III, Sec. 3401, Apr. 28, 1988, 102 Stat.
344, provided that: "This part [part C (Secs. 3401-3403) of title
III of Pub. L. 100-297, amending sections 1221e and 1221e-1 of this
title and enacting provisions set out as a note under section 1221e-
1 of this title] may be cited as the 'National Assessment of
Educational Progress Improvement Act'."
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95-561, title XII, Sec. 1211, Nov. 1, 1978, 92 Stat.
2338, provided that: "This part [enacting sections 1221-3 and 1231g
of this title and amending section 1221e-1 of this title] may be
cited as the 'Control of Paperwork Amendments of 1978'."
SHORT TITLE OF 1974 AMENDMENT
Section 513(b)(2) of Pub. L. 93-380 provided that: "This section
[enacting section 1232g of this title and provisions set out as a
note under section 1232g of this title] may be cited as the 'Family
Educational Rights and Privacy Act of 1974'."
EXECUTIVE ORDER NO. 11761
Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, which provided
for coordination of Federal educational programs and which
continued Federal Interagency Committee on Education, was revoked
by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
EXECUTIVE ORDER NO. 12687
Ex. Ord. No. 12687, Aug. 15, 1989, 54 F.R. 34127, as amended by
Ex. Ord. No. 12741, Dec. 31, 1990, 56 F.R. 475; Ex. Ord. No. 12785,
Dec. 26, 1991, 56 F.R. 67451, which established the President's
Education Policy Advisory Committee to advise the President with
respect to objectives and conduct of overall education policy of
the United States, was revoked by Ex. Ord. No. 12869, Sec. 4(e),
Sept. 30, 1993, 58 F.R. 51751, formerly set out under section 14 of
the Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.