      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
    SUBCHAPTER II--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND 
                              PARTNERSHIPS
 
Sec. 1029. General provisions


(a) Methods

    In complying with sections 1027 and 1028 of this title, the 
Secretary shall ensure that States and institutions of higher education 
use fair and equitable methods in reporting and that the reporting 
methods protect the privacy of individuals.

(b) Special rule

    For each State in which there are no State certification or 
licensure assessments, or for States that do not set minimum performance 
levels on those assessments--
        (1) the Secretary shall, to the extent practicable, collect data 
    comparable to the data required under this subchapter from States, 
    local educational agencies, institutions of higher education, or 
    other entities that administer such assessments to teachers or 
    prospective teachers; and
        (2) notwithstanding any other provision of this subchapter, the 
    Secretary shall use such data to carry out requirements of this 
    subchapter related to assessments or pass rates.

(c) Limitations

                   (1) Federal control prohibited

        Nothing in this subchapter shall be construed to permit, allow, 
    encourage, or authorize any Federal control over any aspect of any 
    private, religious, or home school, whether or not a home school is 
    treated as a private school or home school under State law. This 
    section shall not be construed to prohibit private, religious, or 
    home schools from participation in programs or services under this 
    subchapter.

        (2) No change in State control encouraged or required

        Nothing in this subchapter shall be construed to encourage or 
    require any change in a State's treatment of any private, religious, 
    or home school, whether or not a home school is treated as a private 
    school or home school under State law.

       (3) National system of teacher certification prohibited

        Nothing in this subchapter shall be construed to permit, allow, 
    encourage, or authorize the Secretary to establish or support any 
    national system of teacher certification.

(Pub. L. 89-329, title II, Sec. 209, as added Pub. L. 105-244, title II, 
Sec. 201, Oct. 7, 1998, 112 Stat. 1635.)


                            Prior Provisions

    A prior section 1029, Pub. L. 89-329, title II, Sec. 211, as added 
Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1384; amended 
Pub. L. 99-498, title II, Sec. 202, Oct. 17, 1986, 100 Stat. 1287; Pub. 
L. 102-325, title II, Sec. 201, July 23, 1992, 106 Stat. 468, related to 
college library technology and cooperation grants, prior to repeal by 
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec. 708(b)], 
Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.
