2016 US Code
Title 20 - Education
Chapter 70 - Strengthening and Improvement of Elementary and Secondary Schools
Subchapter VIII - General Provisions
Part C - Coordination of Programs; Consolidated State and Local Plans and Applications
Sec. 7844 - General applicability of State educational agency assurances

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Citation 20 U.S.C. § 7844 (2016)
Section Name §7844. General applicability of State educational agency assurances
Section Text (a) Assurances

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—

(1) each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;

(2)(A) 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

(B) 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;

(3) the State will adopt and use proper methods of administering each such program, including—

(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program;

(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and

(C) the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs;


(4) the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials;

(5) 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;

(6) the State will—

(A) make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary's duties under each such program; and

(B) 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


(7) 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.

(b) GEPA provision

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.)

Editorial Notes AMENDMENTS

2015—Subsec. (a). Pub. L. 114–95, §8001(b)(3), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7842 of this title.

Subsec. (a)(2). Pub. L. 114–95, §8010, substituted "eligible" for "nonprofit" in subpars. (A) and (B).

EFFECTIVE DATE OF 2015 AMENDMENT

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Footnotes

1 So in original. Probably should be "an".

Publication Title United States Code, 2012 Edition, Supplement 4, Title 20 - EDUCATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 20 - EDUCATION
CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS
SUBCHAPTER VIII - GENERAL PROVISIONS
Part C - Coordination of Programs; Consolidated State and Local Plans and Applications
Sec. 7844 - General applicability of State educational agency assurances
Contains section 7844
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 115 Stat. 1969
129 Stat. 2088
Public Law References Public Law 89-10, Public Law 107-110, Public Law 114-95
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