As Johnny Carson might say, the new ESEA contains some "wild and wacky stuff." Some of it has nothing to do with education and everything to do with the right-wing agenda.
School prayer: As a condition of receiving federal money, every school district must certify annually - and in writing - that the district has no policy that denies its students the right to engage in "constitutionally protected prayer." The federal Department of Education is supposed to publish legal advice to school districts and the public as to what constitutes constitutionally protected prayer. At this point, no such definition exists. The Supreme Court could not issue a definition, although it did define what constitutionally protected prayer is not.
Sex and condoms: School districts may not use any ESEA funds to distribute contraceptives in schools or provide materials or instructions designed to promote or encourage sexual activity, whether homosexual or heterosexual in nature. Some fear that curriculum devoted to tolerance, diversity and matters of sexual orientation could be threatened by this provision.
Boy Scouts: If a district allows outside youth or community groups to meet on campus before or after school, it must also allow Boy Scouts to meet on school premises. Some districts have not allowed Boy Scouts to meet on school property because the organization openly discriminates against gays and atheists.
Military recruitment: School districts, if asked by military recruiters, must provide the names, addresses and phone numbers of secondary students eligible for recruiting even if they are under the age of 18. Districts have to notify students and their parents that they have the right to opt out of this provision.