Local Educational Agency Plan Assurances

Any applicant, other than a State educational agency (SEA) that submits plan or application under this Act, shall have on file with the SEA 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. (20 United States Code (USC) §7846, Public Law (PL) 114-95, §8306(a)(1))
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 an eligible private agency, institution, organization, or 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 the funds and property to the extent required by the authorizing statutes. (20 USC §7846, PL 114-95, §8306(a)(2))
3. The applicant will adopt and use proper methods of administering each such program, including—
   1. The enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and
   2. The correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation. (20 USC §7846, PL 114-95, §8306(a)(3))
4. The applicant will cooperate in carrying out any evaluation of each such program conducted by or for the SEA, the Secretary, or other federal officials. (20 USC §7846, PL 114-95, §8306(a)(4))
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. (20 USC §7846, PL 114-95, §8306(a)(5))
6. The applicant will—
   1. Submit such reports to the SEA (which shall make the reports available to the Governor) and the Secretary as the SEA and Secretary may require to enable the SEA and the Secretary to perform their duties under each such program; and
   2. Maintain such records, provide such information, and afford such access to the records as the SEA (after consultation with the Governor) or the Secretary may reasonably require to carry out the SEAs or the Secretary’s duties. (20 USC §7846, 114-95, §8306(a)(5))
7. Before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. (20 USC §7846, PL 114-95, §8306(a)(7))
8. Each LEA requesting funds shall provide an assurance that it is in compliance with State law requiring LEA’s to expel from school for a period of not less than one year a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school. State law shall allow the chief administering officer or a LEA to modify such expulsion requirement for a student on a case-by-case basis if such modification is in writing. (20 USC §7961; PL 114-95, §8561(d)(1))
9. Each grantee receiving funds under this Act understands the importance of privacy protections for students and is aware of the responsibilities of the grantee under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the “Family Education Rights and Privacy Act of 1974”). (20 USC §7928; PL 114-95, §8548)

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