Collapse to view only § 7846. Other general assurances
- § 7841. Purposes
- § 7842. Optional consolidated State plans or applications
- § 7843. Consolidated reporting
- § 7844. General applicability of State educational agency assurances
- § 7845. Consolidated local plans or applications
- § 7846. Other general assurances
§ 7841. Purposes
The purposes of this part are—
(1) to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery;
(2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; and
(3) to enhance the integration of programs under this chapter with State and local programs.
(Pub. L. 89–10, title VIII, § 8301, formerly title IX, § 9301, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1968; renumbered title VIII, § 8301, Pub. L. 114–95, title VIII, § 8001(a)(3), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7842. Optional consolidated State plans or applications
(a) General authority
(1) Simplification
In order to simplify application requirements and reduce the burden for State educational agencies under this chapter, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which, after consultation with the Governor, a State educational agency may submit a consolidated State plan or a consolidated State application meeting the requirements of this section for—
(A) each of the covered programs in which the State participates; and
(B) such other programs as the Secretary may designate.
(2) Consolidated applications and plans
(b) Collaboration
(1) In general
(2) Contents
(3) Necessary materials
(Pub. L. 89–10, title VIII, § 8302, formerly title IX, § 9302, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1968; renumbered title VIII, § 8302, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(3), 8009, Dec. 10, 2015, 129 Stat. 2088, 2089, 2102.)
§ 7843. Consolidated reporting
(a) In general
(b) Contents
(c) Replacement
(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) 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
1 So in original. Probably should be “an”.
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 provision
(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.)
§ 7845. Consolidated local plans or applications
(a) General authority
(1) Consolidated plan
(2) Availability to Governor
(b) Required consolidated plans or applications
(c) Collaboration
(d) Necessary materials
(e) Rural consolidated plan
(1) In general
(2) Eligible local educational agency
(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.)
§ 7846. Other general assurances
(a) AssurancesAny 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, 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 or in a 1
1 So in original. Probably should be “an”.
eligible private agency, institution, organization, or 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 the funds and property to the extent required by the authorizing statutes;
(3) the applicant 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; and
(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any evaluation of each such program conducted 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 educational agency (which shall make the reports 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 program; and
(B) maintain such records, provide such information, 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
(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.)