SEC. 8012.

OTHER GENERAL ASSURANCES

Section Summary

ESSA

SEC. 8012. OTHER GENERAL ASSURANCES.

Section 8306(a), <<NOTE: 20 USC 7846.>> as redesignated and amended

by section 8001 of this Act, is further amended--

(1) in the matter preceding paragraph (1), by striking

``whether separately or pursuant to section 8305,''; and

(2) in paragraph (2), by striking ``nonprofit'' each place

it appears and inserting ``eligible''.

[[Page 129 STAT. 2103]]

NCLB Text

 ``SEC. 9306. <<NOTE: 20 USC 7846.>> OTHER GENERAL ASSURANCES.

``(a) Assurances.--Any applicant, other than a State educational

agency that submits a plan or application under this Act, whether

separately or pursuant to section 9305, 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 nonprofit private agency,

institution, organization, or 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

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) <<NOTE: Reports.>> 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

[[Page 115 STAT. 1972]]

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.--Section 442 of the General Education

Provisions Act shall not apply to programs under this Act.