---
kind: "section"
citation: "20 U.S.C. § 7904"
title: "20"
title_heading: "Education"
number: "7904"
heading: "School prayer"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7904"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 2 — other provisions"
---

# §7904. School prayer

- (a) **Guidance—** The [Secretary](/usc/20/7801.md?p=46) shall provide and revise guidance, not later than September 1, 2002, and of every second year thereafter, to [State educational agencies](/usc/20/7801.md?p=49), [local educational agencies](/usc/20/7713.md?p=9-A), and the public on constitutionally protected prayer in public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45), including making the guidance available by electronic means, including by posting the guidance on the [Department](/usc/20/7801.md?p=13)’s 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](/usc/20/7801.md?p=13) of Justice for verification that the guidance represents the current [state](/usc/20/7171.md?p=b-6) of the law concerning constitutionally protected prayer in public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45).
- (b) **Certification—** As a condition of receiving funds under this chapter, a [local educational agency](/usc/20/7713.md?p=9-A) shall certify in writing to the [State educational agency](/usc/20/7801.md?p=49) involved that no policy of the [local educational agency](/usc/20/7713.md?p=9-A) prevents, or otherwise denies participation in, constitutionally protected prayer in public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45), as detailed in the guidance required under [subsection (a)](#a). The certification shall be provided by October 1 of each year. The [State educational agency](/usc/20/7801.md?p=49) shall report to the [Secretary](/usc/20/7801.md?p=46) by November 1 of each year a list of those [local educational agencies](/usc/20/7713.md?p=9-A) that have not filed the certification or against which complaints have been made to the [State educational agency](/usc/20/7801.md?p=49) that the [local educational agencies](/usc/20/7713.md?p=9-A) are not in compliance with this section.
- (c) **Enforcement—** The [Secretary](/usc/20/7801.md?p=46) is authorized and directed to effectuate [subsection (b)](#b) by issuing, and securing compliance with, rules or orders with respect to a [local educational agency](/usc/20/7713.md?p=9-A) that fails to certify, or is found to have certified in bad faith, that no policy of the [local educational agency](/usc/20/7713.md?p=9-A) prevents, or otherwise denies participation in, constitutionally protected prayer in public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45).

## Source credit

(Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8524, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8021, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 7904, Pub. L. 89–10, title IX, § 9204, as added Pub. L. 103–382, 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. 107–110.

### Amendments

2015—Subsec. (a). Pub. L. 114–95, § 8021, substituted “by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner” for “on the Internet”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.