20 U.S.C. § 1231c — Advice, counsel, and technical assistance

Page 897 TITLE 20—EDUCATION § 1231c substituted ‘‘guidelines governing such applicable pro- gram, it’’ for ‘‘guidelines, governing such applicable program it’’ in fourth sentence. Pub. L. 103–382, § 243(1)(A), (B), substituted ‘‘Sec- retary, any applicant’’ for ‘‘Commissioner, and in the case of the program provided for in title I of the Ele- mentary and Secondary Education Act of 1965, any ap- plicant’’. Subsec. (b). Pub. L. 103–382, § 243(2), substituted ‘‘Sec- retary’’ for ‘‘Commissioner’’ wherever appearing. Subsec. (d). Pub. L. 103–382, § 243(3), substituted ‘‘Sec- retary under’’ for ‘‘Commissioner under’’ and ‘‘Sec- retary shall’’ for ‘‘Commissioner shall’’ and inserted be- fore period at end ‘‘or issue such other orders as the Secretary may deem appropriate to achieve such com- pliance’’. 1978—Subsec. (a). Pub. L. 95–561 added cl. (3) relating to the ordering, in accordance with a final State audit resolution determination, the repayment of misspent or misapplied Federal funds, and redesignated former cl. (3) as (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as a note under section 1221e–3 of this title. EFFECTIVE DATE Pub. L. 93–380, title V, § 508(b), Aug. 21, 1974, 88 Stat. 566, provided that: ‘‘The amendments made by sub- section (a) [enacting this section and section 1231b–1 of this title] shall be effective on the date of enactment of this Act [Aug. 21, 1974].’’ § 1231c. Advice, counsel, and technical assistance (a) State educational agencies, institutions of higher education For the purpose of carrying out more effec- tively Federal education programs, the Sec- retary is authorized, upon request, to provide advice, counsel, and technical assistance to State educational agencies, institutions of high- er education, and, with the approval of the ap- propriate State educational agency, elementary and secondary schools— (1) in determining benefits available to them under Federal law; (2) in preparing applications for, and meet- ing requirements of, applicable programs; (3) in order to enhance the quality, increase the depth, or broaden the scope of activities under applicable programs; and (4) in order to encourage simplification of applications, reports, evaluations, and other administrative procedures. (b) Cost allocation, collection, etc., by local edu- cational agencies The Secretary shall permit local educational agencies to use organized and systematic ap- proaches in determining cost allocation, collec- tion, measurement, and reporting under any ap- plicable program, if he determines (1) that the use of such approaches will not in any manner lessen the effectiveness and impact of such pro- gram in achieving purposes for which it is in- tended, (2) that the agency will use such proce- dures as will insure adequate evaluation of each of the programs involved, and (3) that such ap- proaches are consistent with criteria prescribed by the Comptroller General of the United States for the purposes of audit. For the purpose of this subsection a cost is allocable to a particular cost objective to the extent of relative benefits received by such objective. (c) Dissemination In awarding contracts and grants for the de- velopment of curricula or instructional mate- rials, the Secretary and the Director of the Na- tional Institute of Education shall— (1) encourage applicants to assure that such curricula or instructional materials will be de- veloped in a manner conducive to dissemina- tion through continuing consultations with publishers, personnel of State and local edu- cational agencies, teachers, administrators, community representatives, and other individ- uals experienced in such dissemination; (2) permit applicants to include provision for reasonable consultation fees or planning costs; and (3) insure that grants to public agencies and nonprofit private organizations and contracts with public agencies and private organizations for publication and dissemination of curricula or instructional materials, or both, are award- ed competitively to such agencies and organi- zations which provide assurances that the cur- ricula and instructional materials will reach the target populations for which they were de- veloped. (d) Annual report by Secretary The Secretary’s annual report shall contain a statement of the Secretary’s activities under this section. (Pub. L. 90–247, title IV, § 433, formerly § 414, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 167; renumbered § 424, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 426, Pub. L. 93–380, title V, § 508(a), Aug. 21, 1974, 88 Stat. 565; amended Pub. L. 95–561, title XII, § 1248, Nov. 1, 1978, 92 Stat. 2354; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; renumbered § 433, Pub. L. 103–382, title II, § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913.) Editorial Notes PRIOR PROVISIONS A prior section 433 of Pub. L. 90–247 was renumbered section 439, and is classified to section 1232b of this title. Another prior section 433 of Pub. L. 90–247 was renum- bered section 443, and was classified to section 1233b of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1978—Subsecs. (c), (d). Pub. L. 95–561 added subsec. (c) and redesignated former subsec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as a note under section 1221e–3 of this title. TRANSFER OF FUNCTIONS ‘‘Secretary’’ and ‘‘Secretary’s’’, meaning the Sec- retary of Education, substituted for ‘‘Commissioner’’ and ‘‘Commissioner’s’’, respectively, in subsecs. (a) to (d) pursuant to sections 301(a)(1) and 507 of Pub. L. Page 898 TITLE 20—EDUCATION § 1231c–1 96–88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred functions of Com- missioner of Education to Secretary of Education. NATIONAL INSTITUTE OF EDUCATION The National Institute of Education consisting of a National Council on Educational Research and a Direc- tor of the Institute was established by section 1221e of this title which, as amended generally by Pub. L. 99–498, title XIV, § 1401(a), Oct. 17, 1986, 100 Stat. 1589, provided objectives and duties for the Office of Edu- cational Research and Improvement and established the National Advisory Council on Educational Re- search and Improvement, and section 1401(b) of Pub. L. 99–498 transferred the property and records of the Na- tional Institute of Education to the Office of Edu- cational Research and Improvement. § 1231c–1. Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913 Section, Pub. L. 90–247, title IV, § 426A, as added Pub. L. 95–561, title XII, § 1202, Nov. 1, 1978, 92 Stat. 2334; amended Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, related to equalization assistance. § 1231d. Parental involvement and dissemination In the case of any applicable program in which the Secretary determines that parental partici- pation at the State or local level would increase the effectiveness of the program in achieving its purposes, the Secretary shall promulgate regu- lations with respect to such program setting forth criteria designed to encourage such par- ticipation. If the program for which such deter- mination is made provides for payments to local educational agencies, applications for such pay- ments shall— (1) set forth such policies and procedures as will ensure that programs and projects as- sisted under the application have been planned and developed, and will be operated, in con- sultation with, and with the involvement of, parents of the children to be served by such programs and projects; (2) be submitted with assurance that such parents have had an opportunity to present their views with respect to the application; and (3) set forth policies and procedures for ade- quate dissemination of program plans and evaluations to such parents and the public. (Pub. L. 90–247, title IV, § 434, formerly § 415, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 168; renumbered § 425, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 427, Pub. L. 93–380, title V, § 508(a), Aug. 21, 1974, 88 Stat. 565; renumbered § 434 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 244, Oct. 20, 1994, 108 Stat. 3913, 3922.) Editorial Notes PRIOR PROVISIONS A prior section 434 of Pub. L. 90–247 was renumbered section 440, and is classified to section 1232c of this title. Another prior section 434 of Pub. L. 90–247 was renum- bered section 444, and was classified to section 1233c of this title prior to repeal by Pub. L. 103–382. Another prior section 434 of Pub. L. 90–247 was classi- fied to section 1232c of this title prior to repeal by Pub. L. 95–561. AMENDMENTS 1994—Pub. L. 103–382, § 244, substituted ‘‘Secretary de- termines’’ for ‘‘Commissioner determines’’ and ‘‘the Secretary shall’’ for ‘‘he shall’’ and inserted ‘‘is made’’ after ‘‘such determination’’. § 1231e. Use of funds withheld (a) At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall re- duce such allotment or reallotment by such amount as the Secretary determines such allot- ment or reallotment would have been reduced, had the data on which such allotment or reallot- ment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 794 of title 29, or the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. (b) The Secretary may use any funds withheld under subsection (a)— (1) to increase the allotments or reallot- ments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or (2) for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [42 U.S.C. 2000c–4], or for any other program administered by the Department that is designed to enhance eq- uity in education or redress discrimination on the basis of race, color, national origin, sex, age, or disability. (Pub. L. 90–247, title IV, § 435, formerly § 416, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 168; renumbered § 426, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 428, Pub. L. 93–380, title V, § 508(a), Aug. 21, 1974, 88 Stat. 565; renumbered § 435 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 245, Oct. 20, 1994, 108 Stat. 3913, 3922.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (a), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Education Amendments of 1972, referred to in subsec. (a), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. The Age Discrimination Act of 1975, referred to in subsec. (a), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 42 and Tables.