20 U.S.C. § 7845 — Consolidated local plans or applications

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 audits, monitoring, or evaluation; and (C) the adoption of written procedures for the receipt and resolution of complaints al- leging violations of law in the administra- tion of the programs; (4) the State will cooperate in carrying out any evaluation of each such program con- ducted by or for the Secretary or other Fed- eral 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 per- form the Secretary’s duties under each such program; and (B) maintain such records, provide such in- formation 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 sub- mitted 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 Provi- sions Act [20 U.S.C. 1232d] shall not apply to pro- grams under this chapter. (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 sec- tion 7842 of this title. Subsec. (a)(2). Pub. L. 114–95, § 8010, substituted ‘‘eligi- ble’’ for ‘‘nonprofit’’ in subpars. (A) and (B). 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. § 7845. Consolidated local plans or applications (a) General authority (1) Consolidated plan A local educational agency receiving funds under more than one covered program may submit plans or applications to the State edu- cational agency under those programs on a consolidated basis. (2) Availability to Governor The State educational agency shall make any consolidated local plans and applications available to the Governor. (b) Required consolidated plans or applications A State educational agency that has an ap- proved consolidated State plan or application under section 7842 of this title may require local educational agencies in the State receiving funds under more than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those programs, but may not require those agencies to submit sepa- rate plans. (c) Collaboration A State educational agency, in consultation with the Governor, shall collaborate with local educational agencies in the State in establishing procedures for the submission of the consoli- dated State plans or consolidated State applica- tions under this section. (d) Necessary materials The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary for 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).