20 U.S.C. § 1232e — Single local educational agency applica-

Page 905 TITLE 20—EDUCATION § 1232e 1988—Subsec. (a). Pub. L. 100–297, as amended by Pub. L. 107–110, substituted ‘‘chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965)’’ for ‘‘titles I and IV of the Elementary and Sec- ondary Education Act of 1965’’. 1984—Subsec. (b)(8). Pub. L. 98–511 added par. (8). 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. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–110, title X, § 1062(2), Jan. 8, 2002, 115 Stat. 2087, provided that the amendment made by section 1062(2) is effective as of the date of enactment of Pub. L. 100–297, which was approved Apr. 28, 1988. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98–511, set out as a note under section 1226c of this title. EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. § 1232e. Single local educational agency applica- tion (a) General application to State agency or board Each local educational agency which partici- pates in an applicable program under which Fed- eral funds are made available to such agency through a State agency or board shall submit to such agency or board a general application con- taining the assurances set forth in subsection (b). That application shall cover the participa- tion 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 ad- minister each program covered by the applica- tion in accordance with all applicable stat- utes, regulations, program plans, and applica- tions; (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 nec- essary 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, and provide access to those records, as the State agency or board or the Secretary deem necessary to per- form their duties; (5) that the local educational agency will provide reasonable opportunities for the par- ticipation by teachers, parents, and other in- terested agencies, organizations, and individ- uals in the planning for and operation of each program; (6) that any application, evaluation, periodic program plan or report relating to each pro- gram 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 in order to en- sure 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 in- formation from educational research, dem- onstrations, and similar projects, and for adopting, where appropriate, promising edu- cational 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 organiza- tion representing the interests of the pur- chasing entity or its employees or any affil- iate 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 re- quired by changes in Federal or State law or by other significant change in the circumstances affecting an assurance in such application. (Pub. L. 90–247, title IV, § 442, formerly § 436, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2345; amended Pub. L. 98–511, title VII, § 706(b), Oct. 19, 1984, 98 Stat. 2407; renum- bered § 442 and amended Pub. L. 103–382, title II, §§ 212(b)(1), (3)(B), 261(g), Oct. 20, 1994, 108 Stat. 3913, 3928.) Page 906 TITLE 20—EDUCATION § 1232f Editorial Notes PRIOR PROVISIONS A prior section 1232e, Pub. L. 90–247, title IV, § 436, formerly § 426, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326, related to authority of Commissioner to vest title in equipment, prior to repeal by section 1231(a)(3) of Pub. L. 95–561. A prior section 442 of Pub. L. 90–247 was classified to section 1233a of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub- stituted ‘‘that local educational agency’’ for ‘‘that local education agency’’. Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted comma after ‘‘program’’. Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub- stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap- pearing. Pub. L. 103–382, § 212(b)(3)(B), made technical amend- ment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act. Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub- stituted ‘‘individuals with disabilities’’ for ‘‘handi- capped individuals’’. 1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98–511, set out as a note under section 1226c of this title. EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. PART 4—RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS § 1232f. Records (a) Records kept by recipient; full disclosure; maintenance period Each recipient of Federal funds under any ap- plicable program through any grant, subgrant, cooperative agreement, loan, or other arrange- ment shall keep records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost pro- vided from other sources, and such other records as will facilitate an effective financial or pro- grammatic audit. The recipient shall maintain such records for three years after the comple- tion of the activity for which the funds are used. (b) Audit examination The Secretary and the Comptroller General of the United States, or any of their duly author- ized representatives, shall have access, for the purpose of audit examination, to any records maintained by a recipient that may be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements to which reference is made in subsection (a), or which may relate to the compliance of the re- cipient with any requirement of an applicable program. (Pub. L. 90–247, title IV, § 443, formerly § 437, as added Pub. L. 95–561, title XII, § 1231(c), Nov. 1, 1978, 92 Stat. 2346; renumbered § 443 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 248, Oct. 20, 1994, 108 Stat. 3913, 3924.) Editorial Notes PRIOR PROVISIONS A prior section 443 of Pub. L. 90–247 was classified to section 1233b of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–382, § 248(1), substituted ‘‘grant, subgrant, cooperative agreement, loan, or other arrangement’’ for ‘‘grant, subgrant, contract, sub- contract, loan, or other arrangement (other than pro- curement contracts awarded by an administrative head of an educational agency)’’, inserted ‘‘financial or pro- grammatic’’ before ‘‘audit.’’, and substituted ‘‘three years’’ for ‘‘five years’’. Subsec. (b). Pub. L. 103–382, § 248(2), substituted ‘‘to any records maintained by a recipient that may be re- lated, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements’’ for ‘‘to any records of a recipient which may be related, or perti- nent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. § 1232g. Family educational and privacy rights (a) Conditions for availability of funds to edu- cational agencies or institutions; inspection and review of education records; specific in- formation to be made available; procedure for access to education records; reasonable- ness of time for such access; hearings; writ- ten explanations by parents; definitions (1)(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of de- nying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institu- tion, as the case may be, the right to inspect and review the education records of their chil- dren. If any material or document in the edu- cation record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or docu- ment as relates to such student or to be in- formed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by par- ents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. (B) No funds under any applicable program shall be made available to any State educational agency (whether or not that agency is an edu- cational agency or institution under this sec- tion) that has a policy of denying, or effectively