 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
SUBCHAPTER III--GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION 
AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY
 
Part 3--Administration of Education Programs and Projects by States and 
                       Local Educational Agencies
 
Sec. 1232d. Single State application


(a) Submission of general application; approval by State supervisory 
        authority

    In the case of any State which applies, contracts, or submits a plan 
for participation in any applicable program in which Federal funds are 
made available for assistance to local educational agencies through, or 
under the supervision of, the State educational agency of that State, 
such State shall submit (subject to the provisions of part C of title V 
of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7261 et 
seq.]) \1\ to the Secretary a general application containing the 
assurances set forth in subsection (b) of this section. Such application 
may be submitted jointly for all programs covered by the application, or 
it may be submitted separately for each such program or for groups of 
programs. Each application submitted under this section must be approved 
by each official, agency, board, or other entity within the State which, 
under State law, is primarily responsible for supervision of the 
activities conducted under each program covered by the application.
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    \1\ See 1994 Amendment note below.
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(b) Assurances

    An application submitted under subsection (a) of this section shall 
set forth assurances, satisfactory to the Secretary--
        (1) that each program will be administered in accordance with 
    all applicable statutes, regulations, program plans, and 
    applications;
        (2) that the control of funds provided under each program and 
    title to property acquired with program funds will be in a public 
    agency, or in a nonprofit private agency, institution, or 
    organization if the statute authorizing the program provides for 
    grants to such entities, and that the public agency or nonprofit 
    private agency, institution, or organization will administer such 
    funds and property;
        (3) that the State will adopt and use proper methods of 
    administering each applicable program, including--
            (A) monitoring of agencies, institutions, and organizations 
        responsible for carrying out each program, and the enforcement 
        of any obligations imposed on those agencies, institutions, and 
        organizations under law,
            (B) providing technical assistance, where necessary, to such 
        agencies, institutions, and organizations,
            (C) encouraging the adoption of promising or innovative 
        educational techniques by such agencies, institutions, and 
        organizations,
            (D) the dissemination throughout the State of information on 
        program requirements and successful practices, and
            (E) the correction of deficiencies in program operations 
        that are identified through monitoring or evaluation;

        (4) that the State will evaluate the effectiveness of covered 
    programs in meeting their statutory objectives, at such intervals 
    (not less often than once every three years) and in accordance with 
    such procedures as the Secretary may prescribe by regulation, and 
    that the State will cooperate in carrying out any evaluation of each 
    program conducted by or for the Secretary or other Federal official;
        (5) that the State will use fiscal control and fund accounting 
    procedures that will ensure proper disbursement 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 evaluations required under paragraph (4)) 
    as may reasonably be necessary to enable the Secretary to perform 
    his duties under each program, and that the State will maintain such 
    records, in accordance with the requirements of section 1232f of 
    this title, and afford access to the records as the Secretary may 
    find necessary to carry out his duties;
        (7) that the State will provide reasonable opportunities for the 
    participation by local agencies, representatives of the class of 
    individuals affected by each program and other interested 
    institutions, organizations, and individuals in the planning for and 
    operation of each program, including the following:
            (A) the State will consult with relevant advisory 
        committees, local agencies, interest groups, and experienced 
        professionals in the development of program plans required by 
        statute;
            (B) the State will publish each proposed plan, in a manner 
        that will ensure circulation throughout the State, at least 
        sixty days prior to the date on which the plan is submitted to 
        the Secretary or on which the plan becomes effective, whichever 
        occurs earlier, with an opportunity for public comments on such 
        plan to be accepted for at least thirty days;
            (C) the State will hold public hearings on the proposed 
        plans if required by the Secretary by regulation; and
            (D) the State will provide an opportunity for interested 
        agencies, organizations, and individuals to suggest improvements 
        in the administration of the program and to allege that there 
        has been a failure by any entity to comply with applicable 
        statutes and regulations; and

        (8) 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.

(c) Effective term of general application

    Each general application submitted under this section shall remain 
in effect for the duration of any program it covers. The Secretary shall 
not require the resubmission or amendment of that application unless 
required by changes in Federal or State law or by other significant 
changes in the circumstances affecting an assurance in that application.

(Pub. L. 90-247, title IV, Sec. 441, formerly Sec. 435, as added Pub. L. 
95-561, title XII, Sec. 1231(a)(3), Nov. 1, 1978, 92 Stat. 2343; amended 
Pub. L. 98-511, title VII, Sec. 706(a), Oct. 19, 1984, 98 Stat. 2406; 
Pub. L. 100-297, title III, Sec. 3501(c), Apr. 28, 1988, 102 Stat. 357; 
renumbered Sec. 441 and amended Pub. L. 103-382, title II, 
Secs. 212(b)(1), (3)(A), 261(f), Oct. 20, 1994, 108 Stat. 3913, 3928.)

                       References in Text

    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (a), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended 
generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 
Stat. 3519. Part C of title V of the Act is classified generally to part 
C (Sec. 7261 et seq.) of subchapter V of chapter 70 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 6301 of this title and Tables.

                          Codification

    A prior section 1232d was renumbered by Pub. L. 95-561, 
Sec. 1231(a)(1), and was transferred to section 1226a-1 of this title.


                            Prior Provisions

    Another prior section 441 of Pub. L. 90-247 was classified to 
section 1233 of this title prior to repeal by Pub. L. 103-382.


                               Amendments

    1994--Pub. L. 103-382, Sec. 261(f)(1), substituted ``Secretary'' for 
``Commissioner'' wherever appearing.
    Subsec. (a). Pub. L. 103-382, Sec. 261(f)(2), struck out the comma 
after ``submits a plan'', struck out ``, in the case of programs under 
chapter 1 and chapter 2 of title I of the Elementary and Secondary 
Education Act of 1965,'' after ``(subject'', and directed the 
substitution of ``part C of title V of the Elementary and Secondary 
Education Act of 1965'' for ``title V of such Act'' which was executed 
as if the amendment by Pub. L. 100-297 had not struck out ``, to the 
provisions of title V of such Act'', to reflect the probable intent of 
Congress.
    Subsec. (b)(6). Pub. L. 103-382, Sec. 212(b)(3), made technical 
amendment to reference to section 1232f of this title to reflect 
renumbering of corresponding section of original act.
    1988--Subsec. (a). Pub. L. 100-297 substituted ``chapter 1 and 
chapter 2 of title I of the Elementary and Secondary Education Act of 
1965)'' for ``titles I and IV of the Elementary and Secondary Education 
Act of 1965, to the provisions of title V of such Act)''.
    1984--Subsec. (b)(8). Pub. L. 98-511 added par. (8).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-297 effective 180 days after Apr. 28, 1988, 
but not applicable to recipients receiving written notice to return 
funds prior to that date, see section 3501(b) of Pub. L. 100-297, set 
out as a note under section 1234 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section 
711(a) of Pub. L. 98-511, set out as a note under section 1226c of this 
title.


                             Effective Date

    Section effective with respect to appropriations for fiscal year 
1980 and subsequent fiscal years, see section 1261 of Pub. L. 95-561, 
set out as a note under section 1232c of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1234d, 1234g, 8853 of this 
title.
