Part C — Coordination of Programs; Consolidated State and Local Plans and Applications

SEC. 9301  |  SEC. 9302  |  SEC. 9303  |  SEC. 9304  |  SEC. 9305  |  SEC. 9306

SEC. 9301. PURPOSES.

    The purposes of this part are —

      (1) to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery;

      (2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; and

      (3) to enhance the integration of programs under this Act with State and local programs.

SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

    (a) GENERAL AUTHORITY-

      (1) SIMPLIFICATION- In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which, after consultation with the Governor, a State educational agency may submit a consolidated State plan or a consolidated State application meeting the requirements of this section for —

        (A) each of the covered programs in which the State participates; and

        (B) such other programs as the Secretary may designate.

      (2) CONSOLIDATED APPLICATIONS AND PLANS- After consultation with the Governor, a State educational agency that submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to which the consolidated State plan or consolidated State application under this section applies.

    (b) COLLABORATION-

      (1) IN GENERAL- In establishing criteria and procedures under this section, the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private nonprofit agencies, organizations, and institutions, private schools, and representatives of parents, students, and teachers.

      (2) CONTENTS- Through the collaborative process described in paragraph (1), the Secretary shall establish, for each program under this Act to which this section applies, the descriptions, information, assurances, and other material required to be included in a consolidated State plan or consolidated State application.

      (3) NECESSARY MATERIALS- The Secretary shall require only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding participation by private school children and teachers), and other materials that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application.

SEC. 9303. CONSOLIDATED REPORTING.

    (a) IN GENERAL- In order to simplify reporting requirements and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in consultation with the Governor of the State, may submit a consolidated State annual report.

    (b) CONTENTS- The report shall contain information about the programs included in the report, including the performance of the State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities.

    (c) REPLACEMENT- The report shall replace separate individual annual reports for the programs included in the consolidated State annual report.

SEC. 9304. 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 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.

SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

    (a) GENERAL AUTHORITY-

      (1) CONSOLIDATED PLAN- A local educational agency receiving funds under more than one covered program may submit plans or applications to the State educational agency under those programs on a consolidated basis.

      (2) AVAILABILITY TO GOVERNOR- The State educational agency shall make any consolidated local plans and applications available to the Governor.

    (b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS- A State educational agency that has an approved consolidated State plan or application under section 9302 may require local educational agencies in the State receiving funds under more than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those programs, but may not require those agencies to submit separate plans.

    (c) COLLABORATION- A State educational agency, in consultation with the Governor, shall collaborate with local educational agencies in the State in establishing procedures for the submission of the consolidated State plans or consolidated State applications under this section.

    (d) NECESSARY MATERIALS- The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local educational agency plan or application.

SEC. 9306. 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) 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 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.


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Last Modified: 09/15/2004