Title 20 — Education
Part 3 · Chapter 31 — General Provisions Concerning Education
§ 1232e. Single local educational agency application
Statutory text
General application to State agency or board
Each local educational agency which participates in an applicable program under which Federal funds are made available to such agency through a State agency or board shall submit to such agency or board a general application containing the assurances set forth in subsection (b). That application shall cover the participation by that local educational agency in all such programs.
Assurances
The general application submitted by a local educational agency under subsection (a) shall set forth assurances—
that the local educational agency will administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications;
that the control of funds provided to the local educational agency under each program, and title to property acquired with those funds, will be in a public agency and that a public agency will administer those funds and property;
that the local educational agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to that agency under each program;
that the local educational agency will make reports to the State agency or board and to the Secretary as may reasonably be necessary to enable the State agency or board and the Secretary to perform their duties and that the local educational agency will maintain such records, including the records required under section 1232f of this title, and provide access to those records, as the State agency or board or the Secretary deem necessary to perform their duties;
that the local educational agency will provide reasonable opportunities for the participation by teachers, parents, and other interested agencies, organizations, and individuals in the planning for and operation of each program;
that any application, evaluation, periodic program plan or report relating to each program will be made readily available to parents and other members of the general public;
that in the case of any project involving construction—
the project is not inconsistent with overall State plans for the construction of school facilities, and
in developing plans for construction, due consideration will be given to excellence of architecture and design and to compliance with standards prescribed by the Secretary under section 794 of title 29 in order to ensure that facilities constructed with the use of Federal funds are accessible to and usable by individuals with disabilities;
that the local educational agency has adopted effective procedures for acquiring and disseminating to teachers and administrators participating in each program significant information from educational research, demonstrations, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects; 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
A general application submitted under this section shall remain in effect for the duration of the programs it covers. The State agencies or boards administering the programs covered by the application shall not require the submission or amendment of such application unless required by changes in Federal or State law or by other significant change in the circumstances affecting an assurance in such 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 § 442 · 81 Stat. 783
Enacted · 20 U.S.C. § 1232e
Pub. L. 90–247, title IV, § 442, formerly § 436, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2345
Source evidence
Code source credit
Pub. L. 90–247, title IV, § 442, formerly § 436, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2345Education Amendments of 1984
Pub. L. 98–511 title VII § 706(b) · 98 Stat. 2366
Added · 20 U.S.C. § 1232e(b)(9)
Pub. L. 98–511 added par. (9)
Source evidence
Code amendment note
Subsec. (b)(9). Pub. L. 98–511 added par. (9).Enacted provision · exact public law section
(b) Section 436(b) of the General Education Provisions Act (20 U.S.C. 1232e(b)) is amended— (1) by striking out “and” at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof “, and”; and (3) by inserting after such paragraph the following new paragraph: “(9) 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 date note
Amendment by Pub. L. 98–511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98–511, set out as a note under section 1226c of this title.Improving America’s Schools Act of 1994
Pub. L. 103–382 § 261(g)(1) · 108 Stat. 3518
Substituted · 20 U.S.C. § 1232e(a)
Pub. L. 103–382, § 261(g)(1), substituted “that local educational agency” for “that local education agency”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–382, § 261(g)(1), substituted “that local educational agency” for “that local education agency”.Enacted provision · exact public law section
(1) in subsection (a), by striking “that local education agency” and inserting “that local educational agency”; andImproving America’s Schools Act of 1994
Pub. L. 103–382 § 261(g)(2)(A) · 108 Stat. 3518
Inserted · 20 U.S.C. § 1232e(b)(2)
Pub. L. 103–382, § 261(g)(2)(A), inserted comma after “program”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted comma after “program”.Enacted provision · exact public law section
(A) in paragraph (2), by inserting a comma after “program”;Improving America’s Schools Act of 1994
Pub. L. 103–382 § 261(g)(2)(B) · 108 Stat. 3518
Substituted · 20 U.S.C. § 1232e(b)(4)
Pub. L. 103–382, § 261(g)(2)(B), substituted “Secretary” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), substituted “Secretary” for “Commissioner” wherever appearing.Enacted provision · exact public law section
(B) in paragraph (4), by striking “Commissioner” each place such term appears and inserting “Secretary”; andImproving America’s Schools Act of 1994
Pub. L. 103–382 § 212(b)(3)(B) · 108 Stat. 3518
Changed · 20 U.S.C. § 1232e(b)(4)
Pub. L. 103–382, § 212(b)(3)(B), made technical amendment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–382, § 212(b)(3)(B), 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
(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”.Improving America’s Schools Act of 1994
Pub. L. 103–382 § 261(g)(2)(C) · 108 Stat. 3518
Substituted · 20 U.S.C. § 1232e(b)(7)(B)
Pub. L. 103–382, § 261(g)(2)(C), substituted “individuals with disabilities” for “handicapped individuals”
Source evidence
Code amendment note
Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), substituted “individuals with disabilities” for “handicapped individuals”.Enacted provision · exact public law section
(C) in subparagraph (B) of paragraph (7), by striking “handicapped individuals” and inserting “individuals with disabilities”.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 1232e, Pub. L. 90–247, title IV, § 436, formerly § 426, as added Pub. L. 91–230, title IV, § 401(a)(10), , 84 Stat. 170; renumbered § 436, Pub. L. 92–318, title III, § 301(a)(1), , 86 Stat. 326, related to authority of Commissioner to vest title in equipment, prior to repeal by section 1231(a)(3) of Pub. L. 95–561.
A prior section 442 of Pub. L. 90–247 was classified to section 1233a of this title prior to repeal by Pub. L. 103–382.
Amendments1984–1994 · 2 rounds
1994
Subsec. (a). Pub. L. 103–382, § 261(g)(1), substituted “that local educational agency” for “that local education agency”.
Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted comma after “program”.
Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), substituted “Secretary” for “Commissioner” wherever appearing.
Pub. L. 103–382, § 212(b)(3)(B), made technical amendment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act.
Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), substituted “individuals with disabilities” for “handicapped individuals”.
1984
Subsec. (b)(9). Pub. L. 98–511 added par. (9).
Statutory Notes and Related Subsidiaries
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
1978–1994 · 3 acts
- 1978Pub. L. 90–247, title IV, § 442, formerly § 436, as added Pub. L. 95–561, title XII, § 1231(a)(3), , 92 Stat. 2345
- 1984amended Pub. L. 98–511, title VII, § 706(b), , 98 Stat. 2407
- 1994renumbered § 442 and amended Pub. L. 103–382, title II, §§ 212(b)(1), (3)(B), 261(g), , 108 Stat. 3913, 3928.
Show as published
(Pub. L. 90–247, title IV, § 442, formerly § 436, as added Pub. L. 95–561, title XII, § 1231(a)(3), , 92 Stat. 2345; amended Pub. L. 98–511, title VII, § 706(b), , 98 Stat. 2407; renumbered § 442 and amended Pub. L. 103–382, title II, §§ 212(b)(1), (3)(B), 261(g), , 108 Stat. 3913, 3928.)