§8853. General applicability of State educational agency assurances
(a) Assurances
A State educational agency that submits a consolidated State plan or consolidated State application under this chapter, whether separately or under section 8852 of this title, shall have on file with the Secretary a single set of assurances, applicable to each program for which such 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, in a nonprofit private agency, institution, or organization, or in an Indian tribe if the law authorizing the program provides for assistance to such entities; and
(B) the public agency, nonprofit private agency, institution, or organization, or Indian tribe will administer such 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 such 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 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 has afforded a reasonable opportunity for public comment on the plan or application and has considered such comment.
(b) GEPA provision
Section 1232d of this title shall not apply to programs under this chapter.
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