20 U.S.C. § 1232e — Single local educational agency application
submitted 48 years ago by Pub. L. 90-247 to r/title-20-EDUCATION · 570 words · no verdicts yet
A local educational agency participating in a covered program funded through a State agency or board must submit one general application for all such programs. The application must include assurances about administration, funds, reports and records, participation, construction, research-based practices, and equipment purchases.
(a) General application to State agency or board. Each local educational agency that participates in an "applicable program*" under which Federal funds are made available to it through a State agency or board must submit to that agency or board a general application containing the assurances in subsection (b). The application must cover the local educational agency’s participation in all such programs. This section does not define the term "applicable program." (b) Assurances. The general application must assure—(1) that the local educational agency will administer each covered program under all applicable statutes, regulations, program plans, and applications; (2) that a public agency will control the funds provided to the local educational agency under each program and own property bought with those funds, and that a public agency will administer those funds and property; (3) that the local educational agency will use fiscal controls and fund-accounting procedures that ensure proper payment of, and accounting for, Federal funds paid to it under each program; (4) that the local educational agency will make reports to the State agency or board and to the Secretary* that are reasonably necessary for the State agency or board and the Secretary to perform their duties, will keep records including those required under section 1232f of this title, and will provide access to those records as the State agency or board or the Secretary considers necessary to perform their duties; (5) that the local educational agency will provide reasonable opportunities for teachers, parents, and other interested agencies, organizations, and individuals to participate in planning and operating each program; (6) that any application, evaluation, periodic program plan, or report relating to each program will be readily available to parents and other members of the general public; (7) that, for any construction project—(A) the project is consistent with the State’s overall plans for constructing school facilities; and (B) when construction plans are developed, due consideration will be given to excellence in architecture and design and to following the standards the Secretary prescribes under section 794 of title 29, so that facilities built with Federal funds are accessible to and usable by individuals with disabilities; (8) that the local educational agency has adopted effective procedures for teachers and administrators participating in each program to obtain and disseminate significant information from educational research, demonstrations, and similar projects, and for adopting, when appropriate, promising educational practices developed through those projects; and (9) 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. A general application under this section remains effective for the duration of the programs it covers. The State agencies or boards administering those programs may not require the application to be submitted or amended unless Federal or State law changes, or another significant change affects an assurance in the application.
Each local educational agency which participates in an applicable program* under which Federal funds are made available to such agency through a State agency or board shall submit to such agency or board a general application containing the assurances set forth in subsection (b). That application shall cover the participation by that local educational agency in all such programs.
The general application submitted by a local educational agency under subsection (a) shall set forth assurances—
that the local educational agency will administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications;
that the control of funds provided to the local educational agency under each program, and title to property acquired with those funds, will be in a public agency and that a public agency will administer those funds and property;
that the local educational agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to that agency under each program;
that the local educational agency will make reports to the State agency or board and to the Secretary* as may reasonably be necessary to enable the State agency or board and the Secretary to perform their duties and that the local educational agency will maintain such records, including the records required under section 1232f of this title, and provide access to those records, as the State agency or board or the Secretary deem necessary to perform their duties;
that the local educational agency will provide reasonable opportunities for the participation by teachers, parents, and other interested agencies, organizations, and individuals in the planning for and operation of each program;
that any application, evaluation, periodic program plan or report relating to each program will be made readily available to parents and other members of the general public;
that in the case of any project involving construction—
the project is not inconsistent with overall State plans for the construction of school facilities, and
in developing plans for construction, due consideration will be given to excellence of architecture and design and to compliance with standards prescribed by the Secretary under section 794 of title 29 in order to ensure that facilities constructed with the use of Federal funds are accessible to and usable by individuals with disabilities;
that the local educational agency has adopted effective procedures for acquiring and disseminating to teachers and administrators participating in each program significant information from educational research, demonstrations, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects; and
that none of the funds expended under any applicable program will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization.
A general application submitted under this section shall remain in effect for the duration of the programs it covers. The State agencies or boards administering the programs covered by the application shall not require the submission or amendment of such application unless required by changes in Federal or State law or by other significant change in the circumstances affecting an assurance in such application.
Source credit: (Pub. L. 90–247, title IV, § 442, formerly § 436, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2345; amended Pub. L. 98–511, title VII, § 706(b), Oct. 19, 1984, 98 Stat. 2407; renumbered § 442 and amended Pub. L. 103–382, title II, §§ 212(b)(1), (3)(B), 261(g), Oct. 20, 1994, 108 Stat. 3913, 3928.)
- 1978Enacted · Pub. L. 90-247 · 92 Stat. 2345
- 1984Amended · Pub. L. 98-511 · 98 Stat. 2407
- 1994Amended · Pub. L. 103-382 · 108 Stat. 3913, 3928
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-247 on 1978-11-01.
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