 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
SUBCHAPTER III--GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION 
AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY
 
                        Part 1--General Authority
 
Sec. 1231c. Advice, counsel, and technical assistance


(a) State educational agencies, institutions of higher education

    For the purpose of carrying out more effectively Federal education 
programs, the Secretary is authorized, upon request, to provide advice, 
counsel, and technical assistance to State educational agencies, 
institutions of higher education, and, with the approval of the 
appropriate State educational agency, elementary and secondary schools--
        (1) in determining benefits available to them under Federal law;
        (2) in preparing applications for, and meeting requirements of, 
    applicable programs;
        (3) in order to enhance the quality, increase the depth, or 
    broaden the scope of activities under applicable programs; and
        (4) in order to encourage simplification of applications, 
    reports, evaluations, and other administrative procedures.

(b) Cost allocation, collection, etc., by local educational agencies

    The Secretary shall permit local educational agencies to use 
organized and systematic approaches in determining cost allocation, 
collection, measurement, and reporting under any applicable program, if 
he determines (1) that the use of such approaches will not in any manner 
lessen the effectiveness and impact of such program in achieving 
purposes for which it is intended, (2) that the agency will use such 
procedures as will insure adequate evaluation of each of the programs 
involved, and (3) that such approaches are consistent with criteria 
prescribed by the Comptroller General of the United States for the 
purposes of audit. For the purpose of this subsection a cost is 
allocable to a particular cost objective to the extent of relative 
benefits received by such objective.

(c) Dissemination

    In awarding contracts and grants for the development of curricula or 
instructional materials, the Secretary and the Director of the National 
Institute of Education shall--
        (1) encourage applicants to assure that such curricula or 
    instructional materials will be developed in a manner conducive to 
    dissemination through continuing consultations with publishers, 
    personnel of State and local educational agencies, teachers, 
    administrators, community representatives, and other individuals 
    experienced in such dissemination;
        (2) permit applicants to include provision for reasonable 
    consultation fees or planning costs; and
        (3) insure that grants to public agencies and nonprofit private 
    organizations and contracts with public agencies and private 
    organizations for publication and dissemination of curricula or 
    instructional materials, or both, are awarded competitively to such 
    agencies and organizations which provide assurances that the 
    curricula and instructional materials will reach the target 
    populations for which they were developed.

(d) Annual report by Secretary

    The Secretary's annual report shall contain a statement of the 
Secretary's activities under this section.

(Pub. L. 90-247, title IV, Sec. 433, formerly Sec. 414, as added Pub. L. 
91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat. 167; 
renumbered Sec. 424, Pub. L. 92-318, title III, Sec. 301(a)(1), June 23, 
1972, 86 Stat. 326; renumbered Sec. 426, Pub. L. 93-380, title V, 
Sec. 508(a), Aug. 21, 1974, 88 Stat. 565; amended Pub. L. 95-561, title 
XII, Sec. 1248, Nov. 1, 1978, 92 Stat. 2354; Pub. L. 96-88, title III, 
Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; 
renumbered Sec. 433, Pub. L. 103-382, title II, Sec. 212(b)(1), Oct. 20, 
1994, 108 Stat. 3913.)


                            Prior Provisions

    A prior section 433 of Pub. L. 90-247 was renumbered section 439, 
and is classified to section 1232b of this title.
    Another prior section 433 of Pub. L. 90-247 was renumbered section 
443, and was classified to section 1233b of this title prior to repeal 
by Pub. L. 103-382.


                               Amendments

    1978--Subsecs. (c), (d). Pub. L. 95-561 added subsec. (c) and 
redesignated former subsec. (c) as (d).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 
1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3 of 
this title.

                          Transfer of Functions

    ``Secretary'' and ``Secretary's'', meaning the Secretary of 
Education, substituted for ``Commissioner'' and ``Commissioner's'', 
respectively, in subsecs. (a) to (d) pursuant to sections 301(a)(1) and 
507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 
3507 of this title and which transferred functions of Commissioner of 
Education to Secretary of Education.

                     National Institute of Education

    The National Institute of Education consisting of a National Council 
on Educational Research and a Director of the Institute was established 
by section 1221e of this title which, as amended generally by Pub. L. 
99-498, title XIV, Sec. 1401(a), Oct. 17, 1986, 100 Stat. 1589, provided 
objectives and duties for the Office of Educational Research and 
Improvement and established the National Advisory Council on Educational 
Research and Improvement, and section 1401(b) of Pub. L. 99-498 
transferred the property and records of the National Institute of 
Education to the Office of Educational Research and Improvement.
