---
kind: "section"
citation: "20 U.S.C. § 3403"
title: "20"
title_heading: "Education"
number: "3403"
heading: "Relationship with States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/3403"
units:
  - "Chapter 48 — Department of Education"
  - "Subchapter I — General Provisions"
---

# §3403. Relationship with States

- (a) **Rights of local governments and educational institutions—** It is the intention of the Congress in the establishment of the [Department](/usc/20/3404.md?p=1) to protect the rights of [State](/usc/20/3404.md?p=5) and local governments and public and [private educational](/usc/20/3404.md?p=6) institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the [Department](/usc/20/3404.md?p=1) of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the [States](/usc/20/3404.md?p=5) and the local school systems and other instrumentalities of the [States](/usc/20/3404.md?p=5).
- (b) **Curriculum, administration, and personnel; library resources—** No provision of a program administered by the [Secretary](/usc/20/3404.md?p=2) or by any other officer of the [Department](/usc/20/3404.md?p=1) shall be construed to authorize the [Secretary](/usc/20/3404.md?p=2) or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.
- (c) **Funding under pre-existing programs—** The [Secretary](/usc/20/3404.md?p=2) shall not, during the period within eight months after May 4, 1980, take any action to withhold, suspend, or terminate funds under any program transferred by this chapter by reason of the failure of any [State](/usc/20/3404.md?p=5) to comply with any applicable law requiring the administration of such a program through a single organizational unit.

## Source credit

(Pub. L. 96–88, title I, § 103, Oct. 17, 1979, 93 Stat. 670.)

## Notes

### Editorial Notes

### Codification

In subsec. (c), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.