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20 U.S.C. § 1231g — Applications

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1231g — Applications

Page 899 TITLE 20—EDUCATION § 1232 PRIOR PROVISIONS A prior section 435 of Pub. L. 90–247 was renumbered section 441, and is classified to section 1232d of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 423, and is classified to section 1226a–1 of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 445, and is classified to section 1233d of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. re- lating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964. § 1231f. Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913 Section, Pub. L. 90–247, title IV, § 429, formerly § 417, as added Pub. L. 91–230, title IV § 401(a)(10), Apr. 13, 1970, 84 Stat. 168; renumbered § 427, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 429 and amended Pub. L. 93–380, title V, §§ 501(b)(2), 508(a), Aug. 21, 1974, 88 Stat. 558, 565; Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, authorized transfer of information. PART 2—ADMINISTRATION: REQUIREMENTS AND LIMITATIONS § 1231g. Applications (a) Submission and amendments of applications Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this section, the Secretary is authorized to provide for the submission of applications for as- sistance effective for more than one fiscal year under any applicable program with whatever amendments to such applications being required as the Secretary determines essential. (b) Uniform dates The Secretary shall, in

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Page 899 TITLE 20—EDUCATION § 1232 PRIOR PROVISIONS A prior section 435 of Pub. L. 90–247 was renumbered section 441, and is classified to section 1232d of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 423, and is classified to section 1226a–1 of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 445, and is classified to section 1233d of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. re- lating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964. § 1231f. Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913 Section, Pub. L. 90–247, title IV, § 429, formerly § 417, as added Pub. L. 91–230, title IV § 401(a)(10), Apr. 13, 1970, 84 Stat. 168; renumbered § 427, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 429 and amended Pub. L. 93–380, title V, §§ 501(b)(2), 508(a), Aug. 21, 1974, 88 Stat. 558, 565; Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, authorized transfer of information. PART 2—ADMINISTRATION: REQUIREMENTS AND LIMITATIONS § 1231g. Applications (a) Submission and amendments of applications Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this section, the Secretary is authorized to provide for the submission of applications for as- sistance effective for more than one fiscal year under any applicable program with whatever amendments to such applications being required as the Secretary determines essential. (b) Uniform dates The Secretary shall, insofar as is practicable, establish uniform dates during the year for the submission of applications under all applicable programs and for the approval of such applica- tions. (c) Development of common applications The Secretary shall, insofar as is practicable, develop and require the use of— (1) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies pursuant to some objective formula, and such application shall be used as the sin- gle application for as many of these programs as is practicable; (2) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies on a competitive or discretionary basis, and such application shall be used as the single application for as many of such pro- grams as is practicable; and (3) a common application for grants to local educational agencies in applicable programs which are directly administered by the Sec- retary, and such application shall be used as the single application for as many of these programs as is practicable. (Pub. L. 90–247, title IV, § 436, formerly § 430, as added Pub. L. 95–561, title XII, § 1213, Nov. 1, 1978, 92 Stat. 2342; renumbered § 436 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 246, Oct. 20, 1994, 108 Stat. 3913, 3923.) Editorial Notes PRIOR PROVISIONS A prior section 436 of Pub. L. 90–247 was renumbered section 442, and is classified to section 1232e of this title. Another prior section 436 of Pub. L. 90–247 was classi- fied to section 1232e of this title prior to repeal by Pub. L. 95–561. Another prior section 436 of Pub. L. 90–247 was renum- bered section 446, and was classified to section 1233e of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–382, § 246(2), substituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever appearing. Subsec. (a). Pub. L. 103–382, § 246(1), substituted ‘‘for more than one fiscal year’’ for ‘‘for three fiscal years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title. § 1232. Regulations (a) ‘‘Regulation’’ defined For the purpose of this section, the term ‘‘reg- ulation’’ means any generally applicable rule, regulation, guideline, interpretation, or other requirement that— (1) is prescribed by the Secretary or the De- partment; and (2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program. (b) Citation of authority Regulations shall contain, immediately fol- lowing each substantive provision of such regu- lations, citations to the particular section or sections of statutory law or other legal author- ity on which such provision is based. (c) Uniform application All regulations shall be uniformly applied and enforced throughout the 50 States. (d) Application of exemption The exemption for public property, loans, grants and benefits in section 553(a)(2) of title 5 shall apply only to regulations— (1) that govern the first grant competition under a new or substantially revised program authority as determined by the Secretary; or (2) where the Secretary determines that the requirements of this subsection will cause ex- treme hardship to the intended beneficiaries of the program affected by such regulations. (e) Schedule for promulgation of final regula- tions Not later than 60 days after the date of enact- ment of any Act, or any portion of any Act, af- fecting the administration of any applicable pro- gram, the Secretary shall submit to the Com-

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a) State educational agencies, institutions of higher education** For the purpose of carrying out more effectively Federal education programs, the Secretary is authorized, upon request, to provide advice, counsel, and technical assistance to State educational agencies, institutions of higher education, and, with the approval of the appropriate State educational agency, elementary and secondary schools— (1) in determining benefits available to them under Federal law; (2) in preparing applications for, and meeting 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 educational agencies** The Secretary shall permit local educational agencies to use organized and systematic approaches in determining cost allocation, collection, measurement, and reporting under any applicable program, if he determines (1) that the use of such approaches will not in any manner lessen the effectiveness and impact of such program in achieving purposes for which it is intended, (2) that the agency will use such procedures as will insure adequate evaluation of each of the programs involved, and (3) that such approaches 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 development of curricula or instructional materials, the Secretary and the Dir

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