Title 20 — EducationRelease 119-73
§1232d Single State application
Title 20 › Chapter CHAPTER 31— - GENERAL PROVISIONS CONCERNING EDUCATION › Subchapter SUBCHAPTER III— - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY › Part Part 3— - Administration of Education Programs and Projects by States and Local Educational Agencies › § 1232d
Summary
A State that wants federal education money must send the Secretary of Education a general application that makes certain promises. The application can cover several programs at once or be sent separately. Every State official or agency that runs the programs under State law must approve the application. The application must promise to run each program following the laws, rules, and plans; keep control of federal funds and any property in a public agency or eligible nonprofit; and use good methods like monitoring program operators, giving technical help, encouraging useful new teaching ideas, sharing program information, and fixing problems found. The State must evaluate programs at least once every three years and help with any federal evaluations. The State must use proper fiscal controls and accounting, make reports (including evaluation results), keep records as required by section 1232f, and let the Secretary inspect them. The State must give local agencies, affected people, and others a chance to take part when planning and running programs, consult advisory groups, publish proposed plans at least 60 days before they are sent or take effect with at least 30 days for public comment, hold hearings if required, and accept suggestions and complaints. Funds cannot be used to buy equipment if that purchase gives a direct financial benefit to an organization representing the buyer or its employees. The application stays in effect for the life of the programs unless laws or major circumstances change.
Full Legal Text
Title 20, §1232d
Education — Source: USLM XML via OLRC
(a)In the case of any State which applies, contracts, or submits a plan for participation in any applicable program in which Federal funds are made available for assistance to local educational agencies through, or under the supervision of, the State educational agency of that State, such State shall submit (subject to the provisions of part D of title IV of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7231 et seq.]) to the Secretary a general application containing the assurances set forth in subsection (b). Such application may be submitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for supervision of the activities conducted under each program covered by the application.
(b)An application submitted under subsection (a) shall set forth assurances, satisfactory to the Secretary—
(1)that each program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
(2)that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to such entities, and that the public agency or nonprofit private agency, institution, or organization will administer such funds and property;
(3)that the State will adopt and use proper methods of administering each applicable program, including—
(A)monitoring of agencies, institutions, and organizations responsible for carrying out each program, and the enforcement of any obligations imposed on those agencies, institutions, and organizations under law,
(B)providing technical assistance, where necessary, to such agencies, institutions, and organizations,
(C)encouraging the adoption of promising or innovative educational techniques by such agencies, institutions, and organizations,
(D)the dissemination throughout the State of information on program requirements and successful practices, and
(E)the correction of deficiencies in program operations that are identified through monitoring or evaluation;
(4)that the State will evaluate the effectiveness of covered programs in meeting their statutory objectives, at such intervals (not less often than once every three years) and in accordance with such procedures as the Secretary may prescribe by regulation, and that the State will cooperate in carrying out any evaluation of each program conducted by or for the Secretary or other Federal official;
(5)that the State will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each program;
(6)that the State will make reports to the Secretary (including reports on the results of evaluations required under paragraph (4)) as may reasonably be necessary to enable the Secretary to perform his duties under each program, and that the State will maintain such records, in accordance with the requirements of section 1232f of this title, and afford access to the records as the Secretary may find necessary to carry out his duties;
(7)that the State will provide reasonable opportunities for the participation by local agencies, representatives of the class of individuals affected by each program and other interested institutions, organizations, and individuals in the planning for and operation of each program, including the following:
(A)the State will consult with relevant advisory committees, local agencies, interest groups, and experienced professionals in the development of program plans required by statute;
(B)the State will publish each proposed plan, in a manner that will ensure circulation throughout the State, at least sixty days prior to the date on which the plan is submitted to the Secretary or on which the plan becomes effective, whichever occurs earlier, with an opportunity for public comments on such plan to be accepted for at least thirty days;
(C)the State will hold public hearings on the proposed plans if required by the Secretary by regulation; and
(D)the State will provide an opportunity for interested agencies, organizations, and individuals to suggest improvements in the administration of the program and to allege that there has been a failure by any entity to comply with applicable statutes and regulations; and
(8)that none of the funds expended under any applicable program will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization.
(c)Each general application submitted under this section shall remain in effect for the duration of any program it covers. The Secretary shall not require the resubmission or amendment of that application unless required by changes in Federal or State law or by other significant changes in the circumstances affecting an assurance in that application.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part D of title IV of the Act is classified generally to part D (§ 7231 et seq.) of subchapter IV of chapter 70 of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 6301 of this title and Tables. Codification A prior section 1232d was renumbered by Pub. L. 95–561, § 1231(a)(1), and was transferred to section 1226a–1 of this title.
Prior Provisions
Another prior section 441 of Pub. L. 90–247 was classified to section 1233 of this title prior to repeal by Pub. L. 103–382.
Amendments
2015—Subsec. (a). Pub. L. 114–95 substituted “part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” for “part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”. 2002—Subsec. (a). Pub. L. 107–110 made technical correction to directory language of Pub. L. 100–297. See 1988 Amendment note below. 1994—Pub. L. 103–382, § 261(f)(1), substituted “Secretary” for “Commissioner” wherever appearing. Subsec. (a). Pub. L. 103–382, § 261(f)(2)(C), substituted “part C of title V of the Elementary and Secondary Education Act of 1965” for “title V of such Act”. Pub. L. 103–382, § 261(f)(2)(B), which directed amendment of first sentence of subsec. (a) by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965,”, was executed by striking “, in the case of programs under chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965),” after “(subject” to reflect the probable intent of Congress. Pub. L. 103–382, § 261(f)(2)(A), struck out the comma after “submits a plan”. Subsec. (b)(6). Pub. L. 103–382, § 212(b)(3), made technical amendment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act. 1988—Subsec. (a). Pub. L. 100–297, as amended by Pub. L. 107–110, substituted “chapter 1 and chapter 2 of title I of the Elementary and Secondary Education Act of 1965)” for “titles I and IV of the Elementary and Secondary Education Act of 1965”. 1984—Subsec. (b)(8). Pub. L. 98–511 added par. (8).
Statutory Notes and Related Subsidiaries
Effective Date
of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Effective Date
of 2002 Amendment Pub. L. 107–110, title X, § 1062(2), Jan. 8, 2002, 115 Stat. 2087, provided that the amendment made by section 1062(2) is effective as of the date of enactment of Pub. L. 100–297, which was approved Apr. 28, 1988.
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.
Effective Date
of 1984 AmendmentAmendment by Pub. L. 98–511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98–511, set out as a note under section 1226c of this title.
Effective Date
Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title.
Reference
Citations & Metadata
Citation
20 U.S.C. § 1232d
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73