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20 U.S.C. § 1232j — Single local educational agency application
Federal law — U.S. Code and appendices · legal_authorities
**(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). 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232f&num=0&edition=prelim), 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 educat
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Source file: Laws/federal/codes/united-states-code/title-20/section-1232j-single-local-educational-agency-application--cbe28efc9e.md
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Source location: Title 20, Chapter 31, § 1232j; chapter-031-general-provisions-concerning-education.md
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**(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). 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232f&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–247, title IV, § 413, formerly § 406, as added Pub. L. 90–576, title III, § 301(b), Oct. 16, 1968, 82 Stat. 1094; amended Pub. L. 91–230, title IV, § 401(a)(9), Apr. 13, 1970, 84 Stat. 166; renumbered § 415, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 413, Pub. L. 93–380, title V, § 506(a)(2)(A), Aug. 21, 1974, 88 Stat. 563, related to availability of appropriations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary.
**(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim).
**(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.
**(d) Terms of appointment**
(1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that—
(A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission and amendments of applications** Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this section, the Secretary is authorized to provide for the submission of applications for assistance effective for more than one fiscal year under any applicable program with whatever amendments to such applications being required as the Secretary determines essential.
**(b) Uniform dates** The Secretary shall, insofar as is practicable, establish uniform dates during the year for the submission of applications under all applicable programs and for the approval of such applications.
**(c) Development of common applications** The Secretary shall, insofar as is practicable, develop and require the use of—
(1) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies pursuant to some objective formula, and such application shall be used as the single application for as many of these programs as is practicable;
(2) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies on a competitive or discretionary basis, and such application shall be used as the single application for as many of such programs as is practicable; and
(3) a common application for grants to local educational agencies in applicable programs which are directly administered by the Secretary, and such application shall be used as the single application for as many of these programs as is practicable.
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Federal law — U.S. Code and appendices · legal_authorities
Page 917
TITLE 20—EDUCATION
§ 1232j
1976—Pub. L. 94–482 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–482 effective 30 days after
Oct. 12, 1976, except either as specifically otherwise pro-
vided or, if not so specifically otherwise provided, effec-
tive July 1, 1976, for those amendments providing for
authorization of appropriations, see section 532 of Pub.
L. 94–482, set out as a note under section 1001 of this
title.
EFFECTIVE DATE
Pub. L. 93–380, title V, § 515(b), Aug. 21, 1974, 88 Stat.
574, provided that: ‘‘The amendment made by sub-
section (a) [enacting this section] shall be effective
upon enactment of this Act [Aug. 21, 1974].’’
§ 1232j. Prohibition on federally sponsored test-
ing
(a) General prohibition
Notwithstanding any other provision of Fed-
eral law and except as provided in subsection
(b), no funds provided to the Department of Edu-
cation or to an applicable program, may be used
to pilot test, field test, implement, administer
or distribute in any way any federally sponsored
national test in reading, mathematics, or any
other subject that is not specifically and explic-
itly provided for in authorizing legislation en-
acted into law.
(b) Exceptions
Subsection (a) shall not apply to the Third
International Mathematics and Science Study
or other international comparative assessments
developed
under
the
authority
of
section
9543(a)(6) of this title and administered to only
a representative sample of pupils in the United
States and in foreign nations.
(Pub. L. 90–247, title IV, § 447, as added Pub. L.
105–277, div. A, § 101(f) [title III, § 305(a)], Oct. 21,
1998, 112 Stat. 2681–337, 2681–37
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