Title 20 — Education
Part 3 · Chapter 31 — General Provisions Concerning Education
§ 1232d. Single State application
Statutory text
Submission of general application; approval by State supervisory authority
In the case of any State which applies, contracts, or submits a plan for participation in any applicable program in which Federal funds are made available for assistance to local educational agencies through, or under the supervision of, the State educational agency of that State, such State shall submit (subject to the provisions of part D of title IV of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7231 et seq.]) to the Secretary a general application containing the assurances set forth in subsection (b). Such application may be submitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for supervision of the activities conducted under each program covered by the application.
Assurances
An application submitted under subsection (a) shall set forth assurances, satisfactory to the Secretary—
that each program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to such entities, and that the public agency or nonprofit private agency, institution, or organization will administer such funds and property;
that the State will adopt and use proper methods of administering each applicable program, including—
monitoring of agencies, institutions, and organizations responsible for carrying out each program, and the enforcement of any obligations imposed on those agencies, institutions, and organizations under law,
providing technical assistance, where necessary, to such agencies, institutions, and organizations,
encouraging the adoption of promising or innovative educational techniques by such agencies, institutions, and organizations,
the dissemination throughout the State of information on program requirements and successful practices, and
the correction of deficiencies in program operations that are identified through monitoring or evaluation;
that the State will evaluate the effectiveness of covered programs in meeting their statutory objectives, at such intervals (not less often than once every three years) and in accordance with such procedures as the Secretary may prescribe by regulation, and that the State will cooperate in carrying out any evaluation of each program conducted by or for the Secretary or other Federal official;
that the State will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each program;
that the State will make reports to the Secretary (including reports on the results of evaluations required under paragraph (4)) as may reasonably be necessary to enable the Secretary to perform his duties under each program, and that the State will maintain such records, in accordance with the requirements of section 1232f of this title, and afford access to the records as the Secretary may find necessary to carry out his duties;
that the State will provide reasonable opportunities for the participation by local agencies, representatives of the class of individuals affected by each program and other interested institutions, organizations, and individuals in the planning for and operation of each program, including the following:
the State will consult with relevant advisory committees, local agencies, interest groups, and experienced professionals in the development of program plans required by statute;
the State will publish each proposed plan, in a manner that will ensure circulation throughout the State, at least sixty days prior to the date on which the plan is submitted to the Secretary or on which the plan becomes effective, whichever occurs earlier, with an opportunity for public comments on such plan to be accepted for at least thirty days;
the State will hold public hearings on the proposed plans if required by the Secretary by regulation; and
the State will provide an opportunity for interested agencies, organizations, and individuals to suggest improvements in the administration of the program and to allege that there has been a failure by any entity to comply with applicable statutes and regulations; and
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 organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization.
Effective term of general application
Each general application submitted under this section shall remain in effect for the duration of any program it covers. The Secretary shall not require the resubmission or amendment of that application unless required by changes in Federal or State law or by other significant changes in the circumstances affecting an assurance in that application.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Elementary and Secondary Education Amendments of 1967
Pub. L. 90–247 title IV § 441 · 81 Stat. 783
Enacted · 20 U.S.C. § 1232d
Pub. L. 90–247, title IV, § 441, formerly § 435, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2343
Source evidence
Code source credit
Pub. L. 90–247, title IV, § 441, formerly § 435, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2343Education Amendments of 1984
Pub. L. 98–511 title VII § 706(a) · 98 Stat. 2366
Added · 20 U.S.C. § 1232d(b)(8)
Pub. L. 98–511 added par. (8)
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 98–511 added par. (8).Enacted provision · exact public law section
(a) Section 435(b) of the General Education Provisions Act (20 U.S.C. 1232d(b)) is amended— (1) by striking out “and” at the end of paragraph (6); (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof “; and”; and (3) by inserting after such paragraph the following new paragraph: “(8) 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 organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization.”.Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988
Pub. L. 100–297 title III § 3501(c) · 102 Stat. 130
Amended · 20 U.S.C. § 1232d(a)
Pub. L. 100–297, as amended by Pub. L. 107–110
Substituted · 20 U.S.C. § 1232d(a)
Pub. L. 100–297, as 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 Secondary Education Act of 1965”
Source evidence
Code amendment note
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 Secondary Education Act of 1965”.Enacted provision · exact public law section
(c) Conforming Amendments.— Section 435(a) of the General Education Provisions Act is amended by striking “titles I and IV” 20 USC 1232d. and all that follows through “such Act)” and inserting “chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965)”.Improving America’s Schools Act of 1994
Pub. L. 103–382 § 261(f)(1) · 108 Stat. 3518
Substituted · 20 U.S.C. § 1232d
Pub. L. 103–382, § 261(f)(1), substituted “Secretary” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Pub. L. 103–382, § 261(f)(1), substituted “Secretary” for “Commissioner” wherever appearing.Enacted provision · exact public law section
(1) by striking “Commissioner” each place such term appears and inserting “Secretary”; andImproving America’s Schools Act of 1994
Pub. L. 103–382 § 261(f)(2)(C) · 108 Stat. 3518
Substituted · 20 U.S.C. § 1232d(a)
Pub. L. 103–382, § 261(f)(2)(C), substituted “part C of title V of the Elementary and Secondary Education Act of 1965” for “title V of such Act”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–382, § 261(f)(2)(C), substituted “part C of title V of the Elementary and Secondary Education Act of 1965” for “title V of such Act”.Enacted provision · exact public law section
(C) by striking “title V of such Act” and inserting “part C of title V of the Elementary and Secondary Education Act of 1965”.Improving America’s Schools Act of 1994
Pub. L. 103–382 § 261(f)(2)(B) · 108 Stat. 3518
Struck · 20 U.S.C. § 1232d(a)
Pub. L. 103–382, § 261(f)(2)(B), which directed amendment of first sentence of subsec. (a) by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965,”, was executed by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965),” after “(subject” to reflect the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–382, § 261(f)(2)(B), which directed amendment of first sentence of subsec. (a) by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965,”, was executed by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965),” after “(subject” to reflect the probable intent of Congress.Enacted provision · exact public law section
(B) by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965,”; andImproving America’s Schools Act of 1994
Pub. L. 103–382 § 261(f)(2)(A) · 108 Stat. 3518
Struck · 20 U.S.C. § 1232d(a)
Pub. L. 103–382, § 261(f)(2)(A), struck out the comma after “submits a plan”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–382, § 261(f)(2)(A), struck out the comma after “submits a plan”.Enacted provision · exact public law section
(A) by striking the comma after “submits a plan”;Improving America’s Schools Act of 1994
Pub. L. 103–382 § 212(b)(3) · 108 Stat. 3518
Changed · 20 U.S.C. § 1232d(b)(6)
Pub. L. 103–382, § 212(b)(3), made technical amendment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 103–382, § 212(b)(3), made technical amendment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act.Enacted provision · exact public law section
(3) Cross references.— (A) Paragraph (6) of section 441(b) (as redesignated by paragraph (1)) (20 U.S.C. 1232d(b)(6)) is amended by striking “437” and inserting “443”. (B) Paragraph (4) of section 442(b) of the Act (as redesignated by paragraph (1)) (20 U.S.C. 1232e(b)(4)) is amended by striking “437” and inserting “443”. (C) Subsection (a) of section 446 of the Act (as redesignated by paragraph (1)) (20 U.S.C. 1232i(a)) is amended by striking “438(b)(l)(D)” and inserting “444(b)(l)(D)”. (D) Subsection (a) of section 458 of the Act (20 U.S.C. 1234g(a)) is amended by striking “435(a)” and inserting “441(a)”.Pub. L. 107–110 title X § 1062(2) · 115 Stat. 1425
Changed · 20 U.S.C. § 1232d(a)
Pub. L. 107–110 made technical correction to directory language of Pub. L. 100–297. See 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–110 made technical correction to directory language of Pub. L. 100–297. See 1988 Amendment note below.Enacted provision · exact public law section
(2) Section 441.— Section 3501(c) of the Augustus F. Hawkins-Robert 20 USC 1232d. T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (102 Stat. 357) is amended by striking “through ‘such Act)’” and inserting “through ‘Act of 1965’”, effective as of the date of enactment of that law.Every Student Succeeds Act
Pub. L. 114–95 title IX § 9215(mm)(4) · 129 Stat. 1802
Substituted · 20 U.S.C. § 1232d(a)
Pub. L. 114–95 substituted “part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” for “part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–95 substituted “part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” for “part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”.Enacted provision · exact public law section
(4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by striking “part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” and inserting “part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”.Effective date note
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.
10 of 11 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a), is Pub. L. 89–10, , 79 Stat. 27. Part D of title IV of the Act is classified generally to part D (§ 7231 et seq.) of subchapter IV of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.
Codification
A prior section 1232d was renumbered by Pub. L. 95–561, § 1231(a)(1), and was transferred to section 1226a–1 of this title.
Prior Provisions
Another prior section 441 of Pub. L. 90–247 was classified to section 1233 of this title prior to repeal by Pub. L. 103–382.
Amendments1984–2015 · 5 rounds
2015
Subsec. (a). Pub. L. 114–95 substituted “part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” for “part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”.
2002
Subsec. (a). Pub. L. 107–110 made technical correction to directory language of Pub. L. 100–297. See 1988 Amendment note below.
1994
Pub. L. 103–382, § 261(f)(1), substituted “Secretary” for “Commissioner” wherever appearing.
Subsec. (a). Pub. L. 103–382, § 261(f)(2)(C), substituted “part C of title V of the Elementary and Secondary Education Act of 1965” for “title V of such Act”.
Pub. L. 103–382, § 261(f)(2)(B), which directed amendment of first sentence of subsec. (a) by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965,”, was executed by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965),” after “(subject” to reflect the probable intent of Congress.
Pub. L. 103–382, § 261(f)(2)(A), struck out the comma after “submits a plan”.
Subsec. (b)(6). Pub. L. 103–382, § 212(b)(3), made technical amendment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act.
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 Secondary 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 , 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.
Effective Date of 2002 Amendment
Pub. L. 107–110, title X, § 1062(2), , 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 .
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–297 effective 180 days after , 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 , 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.
Credits
1978–2015 · 6 acts
- 1978Pub. L. 90–247, title IV, § 441, formerly § 435, as added Pub. L. 95–561, title XII, § 1231(a)(3), , 92 Stat. 2343
- 1984amended Pub. L. 98–511, title VII, § 706(a), , 98 Stat. 2406
- 1988Pub. L. 100–297, title III, § 3501(c), , 102 Stat. 357
- 1994renumbered § 441 and amended Pub. L. 103–382, title II, §§ 212(b)(1), (3)(A), 261(f), , 108 Stat. 3913, 3928
- 2002Pub. L. 107–110, title X, § 1062(2), , 115 Stat. 2087
- 2015Pub. L. 114–95, title IX, § 9215(mm)(4), , 129 Stat. 2176.
Show as published
(Pub. L. 90–247, title IV, § 441, formerly § 435, as added Pub. L. 95–561, title XII, § 1231(a)(3), , 92 Stat. 2343; amended Pub. L. 98–511, title VII, § 706(a), , 98 Stat. 2406; Pub. L. 100–297, title III, § 3501(c), , 102 Stat. 357; renumbered § 441 and amended Pub. L. 103–382, title II, §§ 212(b)(1), (3)(A), 261(f), , 108 Stat. 3913, 3928; Pub. L. 107–110, title X, § 1062(2), , 115 Stat. 2087; Pub. L. 114–95, title IX, § 9215(mm)(4), , 129 Stat. 2176.)