 
           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. 1232e. Single local educational agency application


(a) General application to State agency or board

    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) of this section. That application shall cover the participation by 
that local educational agency in all such programs.

(b) Assurances

    The general application submitted by a local educational agency 
under subsection (a) of this section shall set forth assurances--
        (1) that the local educational agency will administer each 
    program covered by the application in accordance with all applicable 
    statutes, regulations, program plans, and applications;
        (2) 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;
        (3) 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;
        (4) 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;
        (5) 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;
        (6) 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;
        (7) that in the case of any project involving construction--
            (A) the project is not inconsistent with overall State plans 
        for the construction of school facilities, and
            (B) 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;

        (8) 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
        (9) 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

    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.

(Pub. L. 90-247, title IV, Sec. 442, formerly Sec. 436, as added Pub. L. 
95-561, title XII, Sec. 1231(a)(3), Nov. 1, 1978, 92 Stat. 2345; amended 
Pub. L. 98-511, title VII, Sec. 706(b), Oct. 19, 1984, 98 Stat. 2407; 
renumbered Sec. 442 and amended Pub. L. 103-382, title II, 
Secs. 212(b)(1), (3)(B), 261(g), Oct. 20, 1994, 108 Stat. 3913, 3928.)


                            Prior Provisions

    A prior section 1232e, Pub. L. 90-247, title IV, Sec. 436, formerly 
Sec. 426, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 
1970, 84 Stat. 170; renumbered Sec. 436, Pub. L. 92-318, title III, 
Sec. 301(a)(1), June 23, 1972, 86 Stat. 326, related to authority of 
Commissioner to vest title in equipment, prior to repeal by section 
1231(a)(3) of Pub. L. 95-561.
    A prior section 442 of Pub. L. 90-247 was classified to section 
1233a of this title prior to repeal by Pub. L. 103-382.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-382, Sec. 261(g)(1), substituted 
``that local educational agency'' for ``that local education agency''.
    Subsec. (b)(2). Pub. L. 103-382, Sec. 261(g)(2)(A), inserted comma 
after ``program''.
    Subsec. (b)(4). Pub. L. 103-382, Sec. 261(g)(2)(B), substituted 
``Secretary'' for ``Commissioner'' wherever appearing.
    Pub. L. 103-382, Sec. 212(b)(3)(B), made technical amendment to 
reference to section 1232f of this title to reflect renumbering of 
corresponding section of original act.
    Subsec. (b)(7)(B). Pub. L. 103-382, Sec. 261(g)(2)(C), substituted 
``individuals with disabilities'' for ``handicapped individuals''.
    1984--Subsec. (b)(9). Pub. L. 98-511 added par. (9).


                    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 section 8856 of this title.
