20 U.S.C. § 2341 — State administration

Page 1082 TITLE 20—EDUCATION § 2328 College Act (25 U.S.C. 640a et seq.) that desires to re- ceive a grant under this section shall submit an appli- cation to the Secretary in such manner and form as the Secretary may require.’’ Subsec. (h)(1). Pub. L. 110–315, § 941(k)(2)(D)(ii), sub- stituted ‘‘the Tribally Controlled Colleges and Univer- sities Assistance Act of 1978’’ for ‘‘the Tribally Con- trolled College or University Assistance Act of 1978’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2328. Repealed. Pub. L. 115–224, title I, § 117, July 31, 2018, 132 Stat. 1599 Section, Pub. L. 88–210, title I, § 118, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 713; amended Pub. L. 113–128, title V, § 512(e)(1), July 22, 2014, 128 Stat. 1706, Pub. L. 115 related to occupational and employment in- formation and grants to States. A prior section 2328, Pub. L. 88–210, title I, § 118, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3100, related to occupational and employment information, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2328, Pub. L. 88–210, title I, § 118, as added Pub. L. 101–392, title I, § 116, Sept. 25, 1990, 104 Stat. 773, related to criteria for services and activities for individuals who are members of special populations, prior to the general amendment of this chapter by Pub. L. 105–332. A prior section 2331, Pub. L. 88–210, title II, § 201, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 776, related to State programs and State leader- ship activities, prior to the general amendment of this chapter by Pub. L. 105–332. Another prior section 2331 and prior sections 2332 to 2334 were omitted in the general amendment of this subchapter by Pub. L. 101–392. Section 2331, Pub. L. 88–210, title II, § 201, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2450; amended Pub. L. 100–297, title II, § 2401(a), Apr. 28, 1988, 102 Stat. 324, related to use of a portion of a State’s allotment to provide vocational education services and activities to meet special needs of handicapped individuals, dis- advantaged individuals, single parents, homemakers, or single pregnant women, and other groups. Section 2332, Pub. L. 88–210, title II, § 202, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2452; amended Pub. L. 100–202, § 101(h) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–256, 1329–279; Pub. L. 100–297, title II, § 2401(b), (c), Apr. 28, 1988, 102 Stat. 324, related to distribution of assistance from State allotment to provide vocational education opportunities. Section 2333, Pub. L. 88–210, title II, § 203, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2453; amended Pub. L. 99–159, title VII, § 705, Nov. 22, 1985, 99 Stat. 905, related to allocation within individual States of the funds available for vocational education services and activities for the handicapped. Section 2334, Pub. L. 88–210, title II, § 204, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2454; amended Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142, related to criteria for services and activities for the handicapped and for the disadvantaged. Prior sections 2335 to 2336 were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2335, Pub. L. 88–210, title II, § 221, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 777, related to programs for single parents, displaced home- makers, and single pregnant women. Section 2335a, Pub. L. 88–210, title II, § 222, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 778, related to sex equity programs. Section 2335b, Pub. L. 88–210, title II, § 223, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 778, related to competitive award of amounts and evalua- tion of programs. Section 2336, Pub. L. 88–210, title II, § 225, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 778, related to programs for criminal offenders. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as an Effective Date of 2018 Amendment note under section 2301 of this title. PART B—STATE PROVISIONS § 2341. State administration (a) Eligible agency responsibilities The responsibilities of an eligible agency under this subchapter shall include— (1) coordination of the development, submis- sion, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this subchapter, including preparation for non-traditional fields; (2) consultation with the Governor and ap- propriate agencies, groups, and individuals in- cluding teachers, faculty, specialized instruc- tional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (con- sistent with State law), employers, represent- atives of business (including small businesses), labor organizations, eligible recipients, local program administrators, State and local offi- cials, Indian Tribes or Tribal organizations present in the State, parents, students, and community organizations; (3) convening and meeting as an eligible agency (consistent with State law and proce- dure for the conduct of such meetings) at such time as the eligible agency determines nec- essary to carry out the eligible agency’s re- sponsibilities under this subchapter, but not less than 4 times annually; and (4) the adoption of such procedures as the el- igible agency considers necessary to— (A) implement State level coordination with the activities undertaken by the State boards under section 3111 of title 29; and (B) make available to the one-stop deliv- ery system under section 3151 of title 29 within the State a listing of all school drop- out, postsecondary education, and adult pro- grams assisted under this subchapter. (b) Exception Except with respect to the responsibilities set forth in subsection (a), the eligible agency may delegate any of the other responsibilities of the eligible agency that involve the administration, operation, or supervision of activities assisted under this subchapter, in whole or in part, to 1 or more appropriate State agencies. (Pub. L. 88–210, title I, § 121, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 715; amend- ed Pub. L. 113–128, title V, § 512(e)(2), July 22, 2014, 128 Stat. 1706; Pub. L. 115–224, title I, § 121, July 31, 2018, 132 Stat. 1599.) Page 1083 TITLE 20—EDUCATION § 2342 Editorial Notes PRIOR PROVISIONS A prior section 2341, Pub. L. 88–210, title I, § 121, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3102, related to State administration, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2341 and prior sections 2341a to 2341c were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2341, Pub. L. 88–210, title II, § 231, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 779; amended Pub. L. 103–382, title III, § 391(s)(4), (5), Oct. 20, 1994, 108 Stat. 4025; Pub. L. 104–193, title I, § 110(i)(1), Aug. 22, 1996, 110 Stat. 2172, related to distribution of funds to secondary school programs. See section 2351 of this title. Another prior section 2341, Pub. L. 88–210, title II, § 251, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2455; amended Pub. L. 100–418, title VI, § 6132, Aug. 23, 1988, 102 Stat. 1511, related to the uses of the portion of a State’s allotment available for vocational education program improvement, innovation, and expansion, prior to the general amendment of former subchapter II of this chapter by Pub. L. 101–392. Section 2341a, Pub. L. 88–210, title II, § 232, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 781; amended Pub. L. 103–208, § 4, Dec. 20, 1993, 107 Stat. 2487; Pub. L. 103–382, title III, § 351(a)(1), Oct. 20, 1994, 108 Stat. 3966; Pub. L. 104–193, title I, § 110(i)(2), Aug. 22, 1996, 110 Stat. 2172, related to distribution of funds to postsecondary and adult programs. See section 2352 of this title. Section 2341b, Pub. L. 88–210, title II, § 233, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 782, related to special rule for minimal allocations. See sec- tion 2353 of this title. Section 2341c, Pub. L. 88–210, title II, § 234, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 783, related to reallocations. See section 2353 of this title. AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–224 substituted ‘‘teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, representatives of business (including small businesses), labor organiza- tions, eligible recipients, local program administrators, State and local officials, Indian Tribes or Tribal orga- nizations present in the State, parents, students, and community organizations;’’ for ‘‘parents, students, teachers, teacher and faculty preparation programs, representatives of businesses (including small busi- nesses), labor organizations, eligible recipients, State and local officials, and local program administrators, involved in the planning, administration, evaluation, and coordination of programs funded under this sub- chapter;’’. 2014—Subsec. (a)(4)(A). Pub. L. 113–128, § 512(e)(2)(A), substituted ‘‘activities undertaken by the State boards under section 3111 of title 29’’ for ‘‘activities under- taken by the State boards under section 2821 of title 29’’. Subsec. (a)(4)(B). Pub. L. 113–128, § 512(e)(2)(B), sub- stituted ‘‘the one-stop delivery system under section 3151 of title 29’’ for ‘‘the service delivery system under section 2841 of title 29’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 2342. State plan (a) State plan (1) In general Each eligible agency desiring assistance under this subchapter for any fiscal year shall prepare and submit to the Secretary a State plan for a 4-year period, consistent with sub- section (b) and paragraph (5), together with such annual revisions as the eligible agency determines to be necessary, except that, dur- ing the period described in section 2303 of this title, each eligible agency may submit a tran- sition plan that shall fulfill the eligible agen- cy’s obligation to submit a State plan under this section for the first fiscal year following July 31, 2018. (2) Revisions Each eligible agency— (A) may submit such annual revisions of the State plan to the Secretary as the eligi- ble agency determines to be necessary; and (B) shall, after the second year of the 4- year period, conduct a review of activities assisted under this subchapter and submit any revisions of the State plan that the eli- gible agency determines necessary to the Secretary. (3) Hearing process The eligible agency shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public and interested orga- nizations and groups (including teachers, fac- ulty, specialized instructional support per- sonnel, paraprofessionals, school leaders, au- thorized public chartering agencies and char- ter school leaders (consistent with State law), employers, labor organizations, parents, stu- dents, Indian Tribes and Tribal organizations that may be present in the State, and commu- nity organizations), an opportunity to present their views and make recommendations re- garding the State plan. A summary of such recommendations and the eligible agency’s re- sponse to such recommendations shall be in- cluded in the State plan. (4) Public comment Each eligible agency shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for ap- proval under this subsection. In the plan the eligible agency files under this subsection, the eligible agency shall provide an assurance that public comments were taken into account in the development of the State plan. (5) Optional submission of subsequent plans An eligible agency may, after the first 4- year State plan is submitted under this sec- tion, submit subsequent 4-year plans not later than 120 days prior to the end of the 4-year pe- riod covered by the preceding State plan or, if an eligible agency chooses not to submit a