SEC. 8010.

GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES

Section Summary

ESSA

SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY

ASSURANCES.

Section 8304(a)(2), <<NOTE: 20 USC 7844.>> as redesignated by

section 8001 of this Act, is amended by striking ``nonprofit'' and

inserting ``eligible'' each place the term appears.

NCLB Text

``SEC. 9304. <<NOTE: 20 USC 7844.>> GENERAL APPLICABILITY OF STATE

EDUCATIONAL AGENCY ASSURANCES.

``(a) 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 Act, whether

[[Page 115 STAT. 1970]]

separately or under section 9302, 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 nonprofit 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, nonprofit 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.--Section 441 of the General Education

Provisions Act shall not apply to programs under this Act.