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20 U.S.C. § 7844 — General applicability of State educational agency assurances
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7842&num=0&edition=prelim), 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 11 So in original. Probably should be “an”. 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 con
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Source file: Laws/federal/codes/united-states-code/title-20/section-7844-general-applicability-of-state-educational-agency-assurances--56d7967c96.md
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Source location: Title 20, Chapter 70, § 7844; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7842&num=0&edition=prelim), 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 11 So in original. Probably should be “an”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d&num=0&edition=prelim)] shall not apply to programs under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority**
(1) **Simplification** — In order to simplify application requirements and reduce the burden for State educational agencies under this chapter, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which, after consultation with the Governor, a State educational agency may submit a consolidated State plan or a consolidated State application meeting the requirements of this section for—
(A) each of the covered programs in which the State participates; and
(B) such other programs as the Secretary may designate.
(2) **Consolidated applications and plans** — After consultation with the Governor, a State educational agency that submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to which the consolidated State plan or consolidated State application under this section applies.
**(b) Collaboration**
(1) **In general** — In establishing criteria and procedures under this section, the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private agencies, organizations, and institutions, private schools, and representatives of parents, students, and teachers.
(2) **Contents** — Through the collaborative process described in paragraph (1), the Secretary shall establish, for each program under this chapter to which this section applies, the descriptions, information, assurances, and other material required to be included in a consolidated State plan or consolidated State application.
(3) **Necessary materials** — The Secretary shall require only descriptions, information, assurance
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7842
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Regulation” defined** For the purpose of this section, the term “regulation” means any generally applicable rule, regulation, guideline, interpretation, or other requirement that—
(1) is prescribed by the Secretary or the Department; and
(2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program.
**(b) Citation of authority** Regulations shall contain, immediately following each substantive provision of such regulations, citations to the particular section or sections of statutory law or other legal authority on which such provision is based.
**(c) Uniform application** All regulations shall be uniformly applied and enforced throughout the 50 States.
**(d) Application of exemption** The exemption for public property, loans, grants and benefits in [section 553(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/a/2&num=0&edition=prelim) shall apply only to regulations—
(1) that govern the first grant competition under a new or substantially revised program authority as determined by the Secretary; or
(2) where the Secretary determines that the requirements of this subsection will cause extreme hardship to the intended beneficiaries of the program affected by such regulations.
**(e) Schedule for promulgation of final regulations** Not later than 60 days after the date of enactment of any Act, or any portion of any Act, affecting the administration of any applicable program, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a schedule in accordance with which the Secretary plans to promulgate final regulations that the Secretary deter
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232d
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Federal law — U.S. Code and appendices · legal_authorities
Page 903
TITLE 20—EDUCATION
§ 1232d
1 So in original. Probably should be ‘‘section’’.
that such requirements will be met; except
that the State shall not finally disapprove
such an application unless the State provides
the local agency an opportunity for a hearing
before an impartial hearing officer and such
officer determines that there has been a sub-
stantial failure by the local agency to comply
with any of such requirements;
(2) suspend payments to any local agency, in
whole or in part, under the program if the
State has reason to believe that the local
agency has failed substantially to comply with
any of such requirements, except that (A) the
State shall not suspend such payments until
fifteen days after the State provides the local
agency an opportunity to show cause why such
action should not be taken and (B) no such
suspension shall continue in effect longer than
sixty days unless the State within such period
provides the notice for a hearing required
under paragraph (3) of this subsection;
(3) withhold payments, in whole or in part,
under any such program if the State finds,
after reasonable notice and opportunity for a
hearing before an impartial hearing officer,
that the local agency has failed substantially
to comply with any of such requirements.
(c) Withholding of payments
Any withholding of payments under sub-
section (b)(3) of this subsection 1 shall continue
until the State is satisfied that there is no
longer a failure to comply substantially with
any of such requirements.
(Pub. L. 90–247, title IV, § 440, formerly § 434, as
added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1,
1978, 92 Stat. 2342; renumbered § 440 and amended
Pub. L. 103–382, title II, §§ 212(b)(1), 261(e), Oct. 20,
1994, 108 Stat. 3913, 3927.)
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232d
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1232d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1628
TITLE 20—EDUCATION
§ 7844
1 So in original. Probably should be ‘‘an’’.
(Pub. L. 89–10, title VIII, § 8303, formerly title IX,
§ 9303, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1969; renumbered title VIII,
§ 8303, Pub. L. 114–95, title VIII, § 8001(a)(3), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7844. General applicability of State educational
agency assurances
(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 sepa-
rately 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, reg-
ulations, program plans, and applications;
(2)(A) the control of funds provided under
each such program and title to property ac-
quired 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 assist-
ance to those entities; and
(B) the public agency, eligible private agen-
cy, 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 meth-
ods of administering each such program, in-
cluding—
(A) the enforcement of any obligations im-
posed by law on agencies, institutions, orga-
nizations, and other recipients responsible
for carrying out each program;
(B) the correction of deficiencies in pro-
gram operations that are identified through
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7844
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.