Title 20 — Education

Part C · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 7844. General applicability of State educational agency assurances

Statutory text

Assurances

A 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—

each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;

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

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;

the State will adopt and use proper methods of administering each such program, including—

the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program;

the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and

the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs;

the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials;

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;

the State will—

make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary’s duties under each such program; and

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

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.

GEPA provision

Section 441 of the General Education Provisions Act [20 U.S.C. 1232d] shall not apply to programs under this chapter.

Footnotes

1 So in original. Probably should be “an”.

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.

2002
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title VIII § 8304 · 79 Stat. 27
Enacted · 20 U.S.C. § 7844
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
Source evidence
Code source credit
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
2015
Every Student Succeeds Act
Pub. L. 114–95 § 8001(b)(3) · 129 Stat. 1802
Changed · 20 U.S.C. § 7844(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(3) 20 USC 7801, 7844, 7845. by striking “9302” each place it appears and inserting “8302”; and
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.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 8010 · 129 Stat. 1802
Substituted · 20 U.S.C. § 7844(a)(2)
Pub. L. 114–95, § 8010, substituted “eligible” for “nonprofit” in subpars. (A) and (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 114–95, § 8010, substituted “eligible” for “nonprofit” in subpars. (A) and (B).
Enacted provision · exact public law section
SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES. Section 8304(a)(2), 20 USC 7844. as redesignated by section 8001 of this Act, is amended by striking “nonprofit” and inserting “eligible” each place the term appears.
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.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

2015—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.

Credits

2002–2015 · 2 acts

2002Pub. 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
2015renumbered 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.

Show as published

(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.)