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

Part Referred to in Other Sections

This part is referred to in section 8802 of this title.

§8851. Purpose

It is the purpose of this part to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery under this chapter and enhanced integration of programs under this chapter with educational activities carried out with State and local funds.

(Pub. L. 89–10, title XIV, §14301, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3894.)

§8852. 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 chapter, the Secretary, in accordance with subsection (b) of this section, shall establish procedures and criteria under which 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) the additional programs described in paragraph (2).

(2) Additional programs

A State educational agency may also include in its consolidated State plan or consolidated State application—

(A) the Even Start program under part B of subchapter I of this chapter;

(B) the Prevention and Intervention Programs for Youth Who Are Neglected, Delinquent, or At-Risk of Dropping Out under part D of subchapter I of this chapter;

(C) programs under the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.];

(D) programs under the School-to-Work Opportunities Act of 1994 [20 U.S.C. 6101 et seq.]; and

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

(3) Consolidated applications and plans

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 subsection (b)(1) of this section, the Secretary shall establish, for each program under the chapter 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, and other materials that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application.

(Pub. L. 89–10, title XIV, §14302, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3894; amended Pub. L. 105–332, §3(c)(3), Oct. 31, 1998, 112 Stat. 3125.)

References in Text

The Goals 2000: Educate America Act, referred to in subsec. (a)(2)(C), is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), as amended, which is classified principally to chapter 68 (§5801 et seq.) of this title (except subchapters V (§5931 et seq.) and IX (§6001 et seq.)). For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

The School-to-Work Opportunities Act of 1994, referred to in subsec. (a)(2)(D), is Pub. L. 103–239, May 4, 1994, 108 Stat. 568, as amended, which is classified principally to chapter 69 (§6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.

Amendments

1998—Subsec. (a)(2)(C) to (F). Pub. L. 105–332 redesignated subpars. (D) to (F) as (C) to (E), respectively, and struck out former subpar. (C) which read as follows: "programs under part A of title II of the Carl D. Perkins Vocational and Applied Technology Education Act;".

Section Referred to in Other Sections

This section is referred to in sections 6311, 6367, 6396, 8801, 8853, 8855 of this title.

§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.

(Pub. L. 89–10, title XIV, §14303, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3895.)

§8854. Additional coordination

(a) Additional coordination

In order to explore ways for State educational agencies to reduce administrative burdens and promote the coordination of the education services of this chapter with other health and social service programs administered by such agencies, the Secretary is directed to seek agreements with other Federal agencies (including the Departments of Health and Human Services, Justice, Labor and Agriculture) for the purpose of establishing procedures and criteria under which a State educational agency would submit a consolidated State plan or consolidated State application that meets the requirements of the covered programs.

(b) Report

The Secretary shall report to the relevant committees 6 months after October 20, 1994.

(Pub. L. 89–10, title XIV, §14304, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3896.)

Section Referred to in Other Sections

This section is referred to in sections 6312, 8856 of this title.

§8855. Consolidated local plans or applications

(a) General authority

A local educational agency receiving funds under more than one covered program may submit plans or applications to the State educational agency under such programs on a consolidated basis.

(b) Required consolidated plans or applications

A State educational agency that has submitted and had approved a consolidated State plan or application under section 8852 of this title 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 such programs.

(c) Collaboration

A State educational agency 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.

(Pub. L. 89–10, title XIV, §14305, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3896.)

§8856. Other general assurances

(a) Assurances

Any applicant other than a State educational agency that submits a plan or application under this chapter, whether separately or pursuant to section 8854 of this title, 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 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 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 such applicant under each such program;

(6) the applicant will—

(A) make reports to the State educational agency and the Secretary as may be necessary to enable such agency and the Secretary to perform their duties under each such program; and

(B) maintain such records, provide such information, and afford access to the records as the State educational agency or the Secretary may find necessary 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 has considered such comment.

(b) GEPA provision

Section 1232e of this title does not apply to programs under this chapter.

(Pub. L. 89–10, title XIV, §14306, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3897.)

Section Referred to in Other Sections

This section is referred to in sections 6311, 6312, 6367, 6396, 6434, 6645, 6648, 7112, 7115, 7206, 7426, 7431 of this title.

§8857. Relationship of State and local plans to plans under Goals 2000: Educate America Act

(a) State plans

(1) In general

Each State plan submitted under the following programs shall be integrated with each other and the State's improvement plan, if any, either approved or being developed, under title III ¹ of the Goals 2000: Educate America Act, the School-to-Work Opportunities Act of 1994 [20 U.S.C. 6101 et seq.], and the Carl D. Perkins Vocational and Technical Education Act of 1998 [20 U.S.C. 2301 et seq.]:

(A) Part A of subchapter I of this chapter (helping disadvantaged children meet high standards).

(B) Part C of subchapter I of this chapter (education of migratory children).

(C) Part D of subchapter I of this chapter (education of neglected, delinquent, and at-risk youth).

(D) Subchapter II of this chapter (professional development).

(E) Subchapter IV of this chapter (safe and drug-free schools).

(F) Subchapter VI of this chapter (innovative education program strategies).

(G) Subpart 4 of part A of subchapter IX of this chapter (Indian education).

(2) Special rule

Notwithstanding any other provision of this chapter, if a requirement relating to a State plan referred to in paragraph (1) is already satisfied by the approved State improvement plan for such State under title III ¹ of the Goals 2000: Educate America Act, the State plan referred to in paragraph (1) need not separately address that requirement.

(3) Amendment

Any State plan referred to in paragraph (1) may, if necessary, be submitted as an amendment to the State improvement plan for such State under title III ¹ of the Goals 2000: Educate America Act.

(b) Local plans

(1) In general

Each local educational agency plan submitted under the following programs shall be integrated with each other and its local improvement plan, if any, either approved or being developed, under title III ¹ of the Goals 2000: Educate America Act [20 U.S.C. 5881 et seq.]:

(A) Part A of subchapter I of this chapter (helping disadvantaged children meet high standards).

(B) Subchapter II of this chapter (professional development).

(C) Subchapter IV of this chapter (safe and drug-free schools).

(D) Subpart 4 of part A of subchapter IX of this chapter (Indian education).

(E) Subpart 1 of part A of subchapter VII of this chapter (bilingual education).

(F) Subchapter VI of this chapter (innovative education program strategies).

(G) Part C of subchapter VII of this chapter (emergency immigrant education).

(2) Plan of operation

Each plan of operation included in an application submitted by an eligible entity under part B of subchapter I of this chapter (Even Start) shall be consistent with, and promote the goals of, the State and local improvement plans, either approved or being developed, under title III ¹ of the Goals 2000: Educate America Act or, if those plans are not approved or being developed, with the State and local plans under sections 6311 and 6312 of this title.

(3) Special rule

Notwithstanding any other provision of this chapter, if a requirement relating to a local plan referred to in paragraph (1) is already satisfied by the local educational agency's approved local improvement plan under title III ¹ of the Goals 2000: Educate America Act, the local plan referred to in paragraph (1) need not separately address that requirement.

(4) Submission

Any local plan referred to in paragraph (1) may, if necessary, be submitted as an amendment to the local educational agency's improvement plan under title III ¹ of the Goals 2000: Educate America Act.

(Pub. L. 89–10, title XIV, §14307, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3898; amended Pub. L. 105–332, §3(c)(4), Oct. 31, 1998, 112 Stat. 3126.)

References in Text

The Goals 2000: Educate America Act, referred to in section catchline and text, is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), as amended. Title III of the Act was classified generally to subchapter III (§5881 et seq.) of chapter 68 of this title and was repealed by Pub. L. 106–113, div. B, §1000(a)(4) [title III, §310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A-265. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

The School-to-Work Opportunities Act of 1994, referred to in subsec. (a)(1), is Pub. L. 103–239, May 4, 1994, 108 Stat. 568, as amended, which is classified principally to chapter 69 (§6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.

The Carl D. Perkins Vocational and Technical Education Act of 1998, referred to in subsec. (a)(1), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended, which is classified generally to chapter 44 (§2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables.

Amendments

1998—Subsec. (a)(1). Pub. L. 105–332, which directed substitution of "Carl D. Perkins Vocational and Technical Education Act of 1998" for "Carl D. Perkins Vocational and Applied Technology Technical Education Act", was executed by making the substitution for "Carl D. Perkins Vocational and Applied Technology Education Act" to reflect the probable intent of Congress.

¹ See References in Text note below.