20 U.S.C. § 7846 — Other general assurances

Page 1629 TITLE 20—EDUCATION § 7846 1 So in original. Probably should be ‘‘an’’. the consideration of the local educational agen- cy plan or application. (e) Rural consolidated plan (1) In general Two or more eligible local educational agen- cies, a consortium of eligible local educational service agencies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State edu- cational agency on a consolidated basis, if each eligible local educational agency im- pacted elects to participate in the joint appli- cation or elects to allow the educational serv- ice agency to apply on its behalf. (2) Eligible local educational agency For the purposes of this subsection, the term ‘‘eligible local educational agency’’ means a local educational agency that is an eligible local educational agency under part B of sub- chapter V. (Pub. L. 89–10, title VIII, § 8305, formerly title IX, § 9305, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1970; renumbered title VIII, § 8305, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(3), (b)(3), 8011, Dec. 10, 2015, 129 Stat. 2088, 2089, 2102.) Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–95, § 8001(b)(3), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title. Subsec. (e). Pub. L. 114–95, § 8011, added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7846. Other general assurances (a) Assurances Any applicant, other than a State educational agency that submits a plan or application under this chapter, shall have on file with the State educational agency a single set of assurances, applicable to each program for which a 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 or in a 1 eligible private agency, insti- tution, organization, or 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 the funds and property to the extent required by the authorizing stat- utes; (3) the applicant will adopt and use proper methods of administering each such program, including— (A) the enforcement of any obligations im- posed by law on agencies, institutions, orga- nizations, and other recipients responsible for carrying out each program; and (B) the correction of deficiencies in pro- gram operations that are identified through audits, monitoring, or evaluation; (4) the applicant will cooperate in carrying out any evaluation of each such program con- ducted by or for the State educational agency, the Secretary, or other Federal officials; (5) the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under each such program; (6) the applicant will— (A) submit such reports to the State edu- cational agency (which shall make the re- ports available to the Governor) and the Secretary as the State educational agency and Secretary may require to enable the State educational agency and the Secretary to perform their duties under each such pro- gram; and (B) maintain such records, provide such in- formation, and afford such access to the records as the State educational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties; and (7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. (b) GEPA provision Section 442 of the General Education Provi- sions Act [20 U.S.C. 1232e] shall not apply to pro- grams under this chapter. (Pub. L. 89–10, title VIII, § 8306, formerly title IX, § 9306, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1971; renumbered title VIII, § 8306, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(3), (b)(2), 8012, Dec. 10, 2015, 129 Stat. 2088, 2089, 2102.) Editorial Notes PRIOR PROVISIONS A prior section 7851, Pub. L. 89–10, title IX, § 9131, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3790, which related to improvement of educational op- portunities for adult Indians, was omitted in the gen- eral amendment of former subchapter IX of this chap- ter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 8012(1), struck out ‘‘whether separately or pursuant to section 7845 of this title,’’ before ‘‘shall have on file’’ in introductory pro- visions. Pub. L. 114–95, § 8001(b)(2), made technical amendment to reference in original act which appears in introduc- tory provisions as reference to section 7845 of this title. Subsec. (a)(2). Pub. L. 114–95, § 8012(2), substituted ‘‘el- igible’’ for ‘‘nonprofit’’ in subpars. (A) and (B). Page 1630 TITLE 20—EDUCATION § 7861 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. PART D—WAIVERS § 7861. Waivers of statutory and regulatory re- quirements (a) In general (1) Request for waiver by State or Indian tribe A State educational agency or Indian tribe that receives funds under a program author- ized under this chapter may submit a request to the Secretary to waive any statutory or regulatory requirement of this chapter. (2) Local educational agency and school re- quests submitted through the State (A) Request for waiver by local educational agency A local educational agency that receives funds under a program authorized under this chapter and desires a waiver of any statu- tory or regulatory requirement of this chap- ter shall submit a request containing the in- formation described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then sub- mit the request to the Secretary if the State educational agency determines the waiver appropriate. (B) Request for waiver by school An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this chapter shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate. (3) Receipt of waiver Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or reg- ulatory requirement of this chapter for which a waiver request is submitted to the Secretary pursuant to this subsection. (b) Request for waiver (1) In general A State educational agency, acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), or Indian tribe that desires a waiver shall submit a waiver request to the Secretary, which shall include a plan that— (A) identifies the Federal programs af- fected by the requested waiver; (B) describes which Federal statutory or regulatory requirements are to be waived; (C) describes how the waiving of such re- quirements will advance student academic achievement; (D) describes the methods the State edu- cational agency, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan; (E) includes only information directly re- lated to the waiver request; and (F) describes how schools will continue to provide assistance to the same populations served by programs for which waivers are re- quested and, if the waiver relates to provi- sions of subsections (b) or (h) of section 6311 of this title, describes how the State edu- cational agency, local educational agency, school, or Indian tribe will maintain or im- prove transparency in reporting to parents and the public on student achievement and school performance, including the achieve- ment of the subgroups of students identified in section 6311(b)(2)(B)(xi) of this title. (2) Additional information Such requests— (A) may provide for waivers of require- ments applicable to State educational agen- cies, local educational agencies, Indian tribes, and schools; and (B) shall be developed and submitted— (i)(I) by local educational agencies (on behalf of those agencies and schools) to State educational agencies; and (II) by State educational agencies (on be- half of those agencies or on behalf of, and based on the requests of, local educational agencies in the State) to the Secretary; or (ii) by Indian tribes (on behalf of schools operated by the tribes) to the Secretary. (3) General requirements (A) State educational agencies In the case of a waiver request submitted by a State educational agency acting on its own behalf, or on behalf of local educational agencies in the State under subsection (a)(2), the State educational agency shall— (i) provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency; (ii) submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and (iii) provide notice and a reasonable time to comment to the public and local edu- cational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to com- ment to the public. (B) Local educational agencies In the case of a waiver request submitted by a local educational agency that receives funds under this chapter— (i) the request shall be reviewed and ap- proved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, of the State educational agency and the pub- lic; and