§ 7844. General applicability of State educational agency assurances

• (a) 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—
  • (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 1 1 So in original. Probably should be “an”. eligible 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, eligible 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) Section 441 of the General Education Provisions Act [ 20 U.S.C. 1232d ] shall not apply to programs under this chapter.