20 U.S.C. § 1232d — Single State application

(a) Submission of general application; approval by State supervisory authority. If a State applies, contracts, or submits a plan to participate in an "applicable program" in which Federal funds assist local educational agencies through, or under the supervision of, that State’s educational agency, the State must submit a general application to the Secretary. This is subject to part D of title IV of the Elementary and Secondary Education Act of 1965. The application must contain the assurances in subsection (b). This section does not define the term "applicable program." The State may submit one application for all covered programs, or separate applications for each program or group of programs. Every application under this section must be approved by each State official, agency, board, or other entity that State law makes primarily responsible for supervising the activities under each covered program. (b) Assurances. An application under subsection (a) must give assurances satisfactory to the Secretary—(1) that each program will be administered under all applicable statutes, regulations, program plans, and applications; (2) that a public agency will control the funds provided under each program and own property bought with program funds, unless the program’s authorizing statute provides for grants to nonprofit private agencies, institutions, or organizations; in that case, the control and title may be in such a nonprofit private agency, institution, or organization, which must administer the funds and property; (3) that the State will adopt and use proper ways to administer each applicable program, including—(A) monitoring the agencies, institutions, and organizations responsible for carrying out each program, and enforcing the legal obligations imposed on them; (B) giving those agencies, institutions, and organizations technical assistance when necessary; (C) encouraging them to adopt promising or innovative educational techniques; (D) distributing throughout the State information about program requirements and successful practices; and (E) correcting deficiencies in program operations found through monitoring or evaluation; (4) that the State will evaluate how effective the covered programs are in meeting their statutory objectives, at intervals set by the Secretary’s regulations but at least once every three years, and in accordance with procedures the Secretary prescribes by regulation, and will cooperate with any evaluation of each program conducted by or for the Secretary or another Federal official; (5) that the State will use fiscal controls and fund-accounting procedures that ensure proper payment of, and accounting for, Federal funds paid to the State under each program; (6) that the State will make reports to the Secretary, including reports on the results of the evaluations required by paragraph (4), that are reasonably necessary for the Secretary to perform duties under each program; that the State will keep records as required by section 1232f of this title; and that the State will allow access to those records as the Secretary finds necessary to perform those duties; (7) that the State will provide reasonable opportunities for local agencies, representatives of the people affected by each program, and other interested institutions, organizations, and individuals to participate in planning and operating each program, including—(A) consulting relevant advisory committees, local agencies, interest groups, and experienced professionals when developing program plans required by statute; (B) publishing each proposed plan in a way that ensures it circulates throughout the State at least 60 days before the plan is submitted to the Secretary or becomes effective, whichever happens first, and accepting public comments on the plan for at least 30 days; (C) holding public hearings on proposed plans if the Secretary’s regulations require them; and (D) giving interested agencies, organizations, and individuals an opportunity to suggest improvements in program administration and to allege that an entity has failed to comply with applicable statutes and regulations; and (8) that no funds spent under an applicable program will buy equipment, including computer software, if the purchase directly financially benefits an organization that represents the interests of the purchasing entity or its employees, or an affiliate of such an organization. (c) Effective term of general application. Each general application submitted under this section remains effective for the duration of every program it covers. The Secretary may not require the application to be resubmitted or amended unless Federal or State law changes, or another significant change affects an assurance in the application.