Section 7844 - General applicability of State educational agency assurances(a) AssurancesA 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 separately 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, regulations, program plans, and applications;(2)(A) the control of funds provided under each such program and title to property acquired 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 assistance to those entities; and(B) the public agency, eligible private agency, 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 methods of administering each such program, including-(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program;(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and(C) the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs;(4) the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal 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 perform the Secretary's duties under each such program; and(B) maintain such records, provide such information 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 submitted to the Secretary, the State afforded a reasonable opportunity for public comment on the plan or application and considered such comment.(b) GEPA provisionSection 441 of the General Education Provisions Act [20 U.S.C. 1232d] shall not apply to programs under this chapter.
1 So in original. Probably should be "an".
Pub. L. 89-10, title VIII, §8304, formerly title IX, §9304, as added Pub. L. 107-110, §901, Jan. 8, 2002, 115 Stat. 1969; renumbered title VIII, §8304, and amended Pub. L. 114-95, §§8001(a)(3), (b)(3), 8010, Dec. 10, 2015, 129 Stat. 2088, 2089, 2102.EDITORIAL NOTES
AMENDMENTS2015-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 section 7842 of this title.Subsec. (a)(2). Pub. L. 114-95, §8010, substituted "eligible" 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 programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State educational agency
- The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- consolidated State application
- The term "consolidated State application" means an application submitted by a State educational agency pursuant to section 7842 of this title.
- consolidated State plan
- The term "consolidated State plan" means a plan submitted by a State educational agency pursuant to section 7842 of this title.