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2026-07-06 10:51:44 -04:00

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LegalText 20 U.S.C. § 7904 School prayer us united_states_code code_section 20 EDUCATION 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 7904 20 U.S.C. § 7904 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s7904 data/legal/raw/us/code/title-20/usc20.xml a1c38a3295f5a62b5b4fc53467c27f650e1158587fb37df15fe4e9d9827624e8 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 c13c2721e05378280754fe3a08c2ac93e9904f7cd98136d936d2df1bf329ac6a 2026-07-04 official
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20 U.S.C. § 7904 - School prayer

Text

(a) Guidance The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year thereafter, to State educational agencies, local educational agencies, and the public on constitutionally protected prayer in public elementary schools and secondary schools, including making the guidance available by electronic means, including by posting the guidance on the Departments website in a clear and easily accessible manner. The guidance shall be reviewed, prior to distribution, by the Office of Legal Counsel of the Department of Justice for verification that the guidance represents the current state of the law concerning constitutionally protected prayer in public elementary schools and secondary schools.

(b) Certification As a condition of receiving funds under this chapter, a local educational agency shall certify in writing to the State educational agency involved that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational agencies that have not filed the certification or against which complaints have been made to the State educational agency that the local educational agencies are not in compliance with this section.

(c) Enforcement The Secretary is authorized and directed to effectuate subsection (b) by issuing, and securing compliance with, rules or orders with respect to a local educational agency that fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools.

(Pub. L. 8910, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8524, and amended Pub. L. 11495, title VIII, §§ 8001(a)(6), 8021, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)

Notes

Editorial Notes

Prior ProvisionsA prior section 7904, Pub. L. 8910, title IX, § 9204, as added Pub. L. 103382, title I, § 101, Oct. 20, 1994, 108 Stat. 3798, established the Native Hawaiian Education Council and island councils, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107110.

Amendments2015—Subsec. (a). Pub. L. 11495, § 8021, substituted “by electronic means, including by posting the guidance on the Departments website in a clear and easily accessible manner” for “on the Internet”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.