Part B — Flexibility in the Use of Administrative and Other Funds

SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

    (a) CONSOLIDATION OF ADMINISTRATIVE FUNDS-

      (1) IN GENERAL- A State educational agency may consolidate the amounts specifically made available to it for State administration under one or more of the programs under paragraph (2) if the State educational agency can demonstrate that the majority of its resources are derived from non-Federal sources.

      (2) APPLICABILITY- This section applies to any program under this Act under which funds are authorized to be used for administration, and such other programs as the Secretary may designate.

    (b) USE OF FUNDS-

      (1) IN GENERAL- A State educational agency shall use the amount available under this section for the administration of the programs included in the consolidation under subsection (a).

      (2) ADDITIONAL USES- A State educational agency may also use funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under programs included in the consolidation under subsection (a), such as--

        (A) the coordination of those programs with other Federal and non-Federal programs;

        (B) the establishment and operation of peer-review mechanisms under this Act;

        (C) the administration of this title;

        (D) the dissemination of information regarding model programs and practices;

        (E) technical assistance under any program under this Act;

        (F) State-level activities designed to carry out this title;

        (G) training personnel engaged in audit and other monitoring activities; and

        (H) implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department.

    (c) RECORDS- A State educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation under subsection (a).

    (d) REVIEW- To determine the effectiveness of State administration under this section, the Secretary may periodically review the performance of State educational agencies in using consolidated administrative funds under this section and take such steps as the Secretary finds appropriate to ensure the effectiveness of that administration.

    (e) UNUSED ADMINISTRATIVE FUNDS- If a State educational agency does not use all of the funds available to the agency under this section for administration, the agency may use those funds during the applicable period of availability as funds available under one or more programs included in the consolidation under subsection (a).

    (f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT DEVELOPMENT- In order to develop challenging State academic standards and assessments, a State educational agency may consolidate the amounts described in subsection (a) for those purposes under title I.

SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

    A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act, describe how the agency will eliminate duplication in conducting administrative functions.

SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

    (a) GENERAL AUTHORITY- In accordance with regulations of the Secretary and for any fiscal year, a local educational agency, with the approval of its State educational agency, may consolidate and use for the administration of one or more programs under this Act (or such other programs as the Secretary shall designate) not more than the percentage, established in each program, of the total available for the local educational agency under those programs.

    (b) STATE PROCEDURES- Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State educational agency shall, in collaboration with local educational agencies in the State, establish procedures for responding to requests from local educational agencies to consolidate administrative funds under subsection (a) and for establishing limitations on the amount of funds under those programs that may be used for administration on a consolidated basis.

    (c) CONDITIONS- A local educational agency that consolidates administrative funds under this section for any fiscal year shall not use any other funds under the programs included in the consolidation for administration for that fiscal year.

    (d) USES OF ADMINISTRATIVE FUNDS- A local educational agency that consolidates administrative funds under this section may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 9201(b)(2).

    (e) RECORDS- A local educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of the programs included in the consolidation.

SEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.

    (a) GENERAL AUTHORITY-

      (1) TRANSFER- The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of title VII, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs.

      (2) AGREEMENT-

        (A) IN GENERAL- The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs.

        (B) CONTENTS- The agreement shall--

          (i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including measurable goals and objectives; and

          (ii) be developed in consultation with Indian tribes.

    (b) ADMINISTRATION- The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section.

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Last Modified: 09/15/2004