20 U.S.C. § 7844 — General applicability of State educational agency assurances
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 402 words · no verdicts yet
States that submit a combined education plan must file one set of promises with the Secretary. These promises cover following the law, controlling funds properly, and reporting honestly. One specific reporting law from GEPA does not apply here.
(a) Assurances. A State educational agency that submits a consolidated State plan or application under this chapter — whether on its own or through section 7842 — must, after consulting the Governor, keep one single set of promises ("assurances") on file with the Secretary. These assurances apply to every program covered by the plan or application, and they must state that:
(1) Each program will be run according to all the laws, regulations, program plans, and applications that apply to it.
(2) (A) Any money provided under the program, and any property bought with that money, will be controlled by a public agency, an eligible private agency, institution, or organization, or an Indian tribe — whichever the law authorizing the program allows to receive assistance. (B) That agency, institution, organization, or tribe will manage the funds and property the way the authorizing law requires.
(3) The State will use proper methods to run each program, including: (A) enforcing any legal obligations on the agencies, institutions, organizations, and other recipients responsible for the program; (B) fixing problems found through audits, monitoring, or evaluations; and (C) adopting written procedures for receiving and resolving complaints that the programs are being run illegally.
(4) The State will cooperate with any evaluation of the program done by or for the Secretary or other federal officials.
(5) The State will use fiscal controls and accounting procedures that make sure federal money is properly paid out and accounted for.
(6) The State will (A) send the Secretary whatever reports are needed for the Secretary to do their job under the program, and (B) keep records, give information, and allow access to records that the Secretary needs to do their job.
(7) Before submitting the plan or application, the State gave the public a real chance to comment on it, and actually considered those comments.
(b) GEPA provision. One specific rule — section 441 of the General Education Provisions Act (20 U.S.C. 1232d) — does not apply to programs under this chapter.
A State educational agency, in consultation with the Governor of the State, that submits a consolidated State plan or consolidated State application under this chapter, whether separately or under section 7842 of this title, shall have on file with the Secretary a single set of assurances, applicable to each program for which the plan or application is submitted, that provides that—
each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
the control of funds provided under each such program and title to property acquired with program funds will be in a public agency, a 1 eligible private agency, institution, or organization, or an Indian tribe, if the law authorizing the program provides for assistance to those entities; and
the public agency, eligible private agency, institution, or organization, or Indian tribe will administer those funds and property to the extent required by the authorizing law;
the State will adopt and use proper methods of administering each such program, including—
the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program;
the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and
the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs;
the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials;
the State will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such program;
the State will—
make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary’s duties under each such program; and
maintain such records, provide such information to the Secretary, and afford such access to the records as the Secretary may find necessary to carry out the Secretary’s duties; and
before the plan or application was submitted to the Secretary, the State afforded a reasonable opportunity for public comment on the plan or application and considered such comment.
Section 441 of the General Education Provisions Act [20 U.S.C. 1232d] shall not apply to programs under this chapter.
Source credit: (Pub. L. 89–10, title VIII, § 8304, formerly title IX, § 9304, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1969; renumbered title VIII, § 8304, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(3), (b)(3), 8010, Dec. 10, 2015, 129 Stat. 2088, 2089, 2102.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1969
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2088, 2089, 2102
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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