914
HR 1 PCS
child in a school located in another school dis-
trict, the Secretary shall, for purposes of this
Act—
‘‘(i) consider the child to be in attend-
ance at a school of the agency making such
payment; and
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing such payment.
‘‘(D) If a local educational agency makes a
tuition payment to a private school or to a pub-
lic school of another local educational agency
for a child with disabilities, as defined in para-
graph (5), the Secretary shall, for the purposes
of this Act, consider such child to be in attend-
ance at a school of the agency making such
payment.
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The
term ‘average per-pupil expenditure’ means, in the
case of a State or of the United States—
‘‘(A) without regard to the source of
funds—
‘‘(i) the aggregate current expendi-
tures, during the third fiscal year pre-
ceding the fiscal year for which the deter-
915
HR 1 PCS
mination is made (or, if satisfactory data
for that year are not available, during the
most recent preceding fiscal year for which
satisfactory data are available) of all local
educational agencies in the State or, in the
case of the United States for all States
(which, for the purpose of this paragraph,
means the 50 States and the District of
Columbia); plus
‘‘(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such pre-
ceding year.
‘‘(3) BEGINNING TEACHER.—The term ‘begin-
ning teacher’ means an educator in a public school
who has been teaching less than a total of 3 com-
plete school years.
‘‘(4) CHILD.—The term ‘child’ means any per-
son within the age limits for which the State pro-
vides free public education.
‘‘(5) CHILD WITH DISABILITY.—The term ‘child
with a disability’ means a child—
916
HR 1 PCS
‘‘(A) with mental retardation, hearing im-
pairments (including deafness), speech or lan-
guage impairments, visual impairments (includ-
ing blindness), serious emotional disturbance
(hereinafter referred to as ‘emotional disturb-
ance’), orthopedic impairments, autism, trau-
matic brain injury, other health impairments, or
specific learning disabilities; and
‘‘(B) who, by reason thereof, needs special
education and related services.
‘‘(6) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a public
or private nonprofit organization of demonstrated ef-
fectiveness that—
‘‘(A) is representative of a community or
significant segments of a community; and
‘‘(B) provides educational or related serv-
ices to individuals in the community.
‘‘(7) CONSOLIDATED
LOCAL
APPLICATION.—
The term ‘consolidated local application’ means an
application submitted by a local educational agency
pursuant to section 14305.
‘‘(8) CONSOLIDATED LOCAL PLAN.—The term
‘consolidated local plan’ means a plan submitted by
917
HR 1 PCS
a local educational agency pursuant to section
14305.
‘‘(9) CONSOLIDATED
STATE
APPLICATION.—
The term ‘consolidated State application’ means an
application submitted by a State educational agency
pursuant to section 14302.
‘‘(10) CONSOLIDATED STATE PLAN.—The term
‘consolidated State plan’ means a plan submitted by
a State educational agency pursuant to section
14302.
‘‘(11) COUNTY.—The term ‘county’ means one
of the divisions of a State used by the Secretary of
Commerce in compiling and reporting data regard-
ing counties.
‘‘(12) COVERED PROGRAM.—The term ‘covered
program’ means each of the programs authorized
by—
‘‘(A) part A of title I;
‘‘(B) part B of title I;
‘‘(C) part C of title I;
‘‘(D) part D of title I;
‘‘(E) part F of title I;
‘‘(F) part G of title I;
‘‘(G) part A of title II;
‘‘(H) part A of title III;
918
HR 1 PCS
‘‘(I) part A of title V;
‘‘(J) part B of title V; and
‘‘(K) part A of title IV:
‘‘(13) CURRENT
EXPENDITURES.—The term
‘current expenditures’ means expenditures for free
public education—
‘‘(A) including expenditures for adminis-
tration, instruction, attendance, pupil transpor-
tation services, operation and maintenance of
plant, fixed charges, and net expenditures to
cover deficits for food services and student body
activities; but
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I and part A of title IV.
‘‘(14) DEPARTMENT.—The term ‘Department’
means the Department of Education.
‘‘(15) EDUCATIONAL
SERVICE
AGENCY.—The
term ‘educational service agency’ means a regional
public multiservice agency authorized by State stat-
ute to develop, manage, and provide services or pro-
grams to local educational agencies.
‘‘(16) EFFECTIVE
SCHOOLS
PROGRAM.—The
term ‘effective schools program’ means a school-
919
HR 1 PCS
based program that may encompass preschool
through secondary school levels and that has the ob-
jectives of—
‘‘(A) promoting school-level planning, in-
structional improvement, and staff development;
‘‘(B) increasing the academic achievement
levels of all children and particularly education-
ally disadvantaged children; and
‘‘(C) achieving as ongoing conditions in the
school the following factors identified through
scientifically based research as distinguishing
effective from ineffective schools:
‘‘(i) Strong and effective administra-
tive and instructional leadership that cre-
ates consensus on instructional goals and
organizational capacity for instructional
problem solving.
‘‘(ii) Emphasis on the acquisition of
basic and advanced academic skills.
‘‘(iii) A safe and orderly school envi-
ronment that allows teachers and pupils to
focus their energies on academic achieve-
ment.
921
HR 1 PCS
‘‘(B) Training for parents regarding how
to be the primary teacher for their children and
full partners in the education of their children.
‘‘(C) Parent literacy training that leads to
economic self-sufficiency.
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences.
‘‘(20) FREE
PUBLIC
EDUCATION.—The term
‘free public education’ means education that is
provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
‘‘(21) FULLY
QUALIFIED.—The term ‘fully
qualified’—
‘‘(A) when used with respect to a public el-
ementary or secondary school teacher means
that the teacher has obtained State certification
as a teacher (including certification obtained
through alternative routes to certification) or
922
HR 1 PCS
passed the State teacher licensing exam and
holds a license to teach in such State, except
that when used with respect to any teacher
teaching in a public charter school, means that
the teacher meets the requirements set forth in
the State’s public charter school law; and
‘‘(B) when used with respect to—
‘‘(i) an elementary school teacher,
means that the teacher holds a bachelor’s
degree and demonstrates knowledge and
teaching skills in reading, writing, mathe-
matics, science, and other areas of the ele-
mentary school curriculum; and
‘‘(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor’s degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through—
‘‘(I) a passing level of perform-
ance on a rigorous State or local aca-
demic subject areas test; or
‘‘(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
923
HR 1 PCS
‘‘(22) GIFTED
AND
TALENTED.—The term
‘gifted and talented’, when used with respect to stu-
dents, children or youth, means students, children or
youth who give evidence of high performance capa-
bility in areas such as intellectual, creative, artistic,
or leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
‘‘(23) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
meaning given that term in section 101 of the High-
er Education Act of 1965.
‘‘(24) LIMITED
ENGLISH
PROFICIENT
STU-
DENT.—The term ‘limited English proficient stu-
dent’ means an individual aged 5 through 17 en-
rolled in an elementary school or secondary school—
‘‘(A) who—
‘‘(i) was not born in the United States
or whose native language is a language
other than English;
‘‘(ii)(I) is a Native American or Alas-
ka Native, or a native resident of the out-
lying areas; and
924
HR 1 PCS
‘‘(II) comes from an environment
where a language other than English has
had a significant impact on such individ-
ual’s level of English language proficiency;
or
‘‘(iii) is migratory, whose native lan-
guage is a language other than English,
and who comes from an environment where
a language other than English is domi-
nant; and
‘‘(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language, and whose difficulties may deny the
individual—
‘‘(i) the ability to meet the State’s
proficient level of performance on State as-
sessments described in section 1111(b)(4)
in core academic subjects; or
‘‘(ii) the opportunity to participate
fully in society.
‘‘(25) LOCAL EDUCATIONAL AGENCY.—(A) The
term ‘local educational agency’ means a public board
of education or other public authority legally con-
stituted within a State for either administrative con-
trol or direction of, or to perform a service function
925
HR 1 PCS
for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public ele-
mentary or secondary schools.
‘‘(B) The term includes any other public insti-
tution or agency having administrative control and
direction of a public elementary or secondary school.
‘‘(C) The term includes an elementary or sec-
ondary school funded by the Bureau of Indian Af-
fairs but only to the extent that such inclusion
makes such school eligible for programs for which
specific eligibility is not provided to such school in
another provision of law and such school does not
have a student population that is smaller than the
student population of the local educational agency
receiving assistance under this Act with the smallest
student population, except that such school shall not
be subject to the jurisdiction of any State edu-
cational agency other than the Bureau of Indian Af-
fairs.
‘‘(D) The term includes educational service
agencies and consortia of such agencies.
926
HR 1 PCS
‘‘(26) MENTORING.—The term ‘mentoring’
means a program in which an adult works with a
child or youth on a 1-to-1 basis, establishing a sup-
portive relationship, providing academic assistance,
and introducing the child or youth to new experi-
ences that enhance the child or youth’s ability to
excel in school and become a responsible citizen.
‘‘(27) NATIVE AMERICAN AND NATIVE AMER-
ICAN LANGUAGE.—The terms ‘Native American’ and
‘Native American language’ shall have the same
meaning given such terms in section 103 of the Na-
tive American Languages Act of 1990.
‘‘(28) OTHER STAFF.—The term ‘other staff’
means pupil services personnel, librarians, career
guidance and counseling personnel, education aides,
and other instructional and administrative per-
sonnel.
‘‘(29) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, and through fiscal
year 2003 and for the purpose of any discretionary
grant program, includes the freely associated states
of the Republic of the Marshall Islands, the Fed-
927
HR 1 PCS
erated States of Micronesia, and the Republic of
Palau.
‘‘(30) PARENT.—The term ‘parent’ includes a
legal guardian, or other person standing in loco
parentis (such as a grandparent or stepparent with
whom the child lives, or a person who is legally re-
sponsible for the child’s welfare).
‘‘(31) PUPIL
SERVICES
PERSONNEL; 
PUPIL
SERVICES.—(A) The term ‘pupil services personnel’
means school counselors, school social workers,
school psychologists, and other qualified professional
personnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and other
necessary services (including related services as such
term is defined in section 602(22) of the Individuals
with Disabilities Education Act) as part of a com-
prehensive program to meet student needs.
‘‘(B) The term ‘pupil services’ means the serv-
ices provided by pupil services personnel.
‘‘(32) READING.—The term ‘reading’ means a
complex system of deriving meaning from print that
requires all of the following:
‘‘(A) Skills and knowledge to understand
how phonemes, or speech sounds are connected
in print.
928
HR 1 PCS
‘‘(B) Ability to decode unfamiliar words.
‘‘(C) Ability to read fluently.
‘‘(D) Sufficient background information
and vocabulary to foster reading comprehen-
sions.
‘‘(E) Development of appropriate active
strategies to construct meaning from print.
‘‘(F) Development and maintenance of a
motivation to read.
‘‘(33) RIGOROUS
DIAGNOSTIC
READING
AND
SCREENING
ASSESSMENT
TOOLS.—The term ‘rig-
orous diagnostic reading and screening assessment
tools’ means a diagnostic reading assessment that—
‘‘(A) is valid, reliable, and grounded on sci-
entifically based reading research;
‘‘(B) measures progress in developing pho-
nemic awareness and phonics skills, vocabulary,
reading fluency, and reading comprehension;
‘‘(C) identifies students who may be at risk
for reading failure or who are having difficulty
reading; and
‘‘(D) are used to improve instruction.
‘‘(34) SCIENTIFICALLY
BASED
RESEARCH.—
The term ‘scientifically based research’—
929
HR 1 PCS
‘‘(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to education activities
and programs; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
‘‘(iv) is evaluated using randomized
experiments in which individuals, entities,
programs, or activities are randomly as-
signed to different variations (including a
control condition) to compare the relative
effects of the variations; and
‘‘(v) has been accepted by a peer-re-
viewed journal or approved by a panel of
930
HR 1 PCS
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(35) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that such term
does not include any education beyond grade 12.
‘‘(36) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Education.
‘‘(37) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying
areas.
‘‘(38) STATE
EDUCATIONAL
AGENCY.—The
term ‘State educational agency’ means the agency
primarily responsible for the State supervision of
public elementary and secondary schools.
‘‘(39) TECHNOLOGY.—The term ‘technology’
means the latest state-of-the-art technology products
and services.
‘‘SEC. 8102. APPLICABILITY OF TITLE.
‘‘Parts B, C, D, and E of this title do not apply to
title VI of this Act.
931
HR 1 PCS
‘‘SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
‘‘For purposes of any competitive program under this
Act, a consortia of schools operated by the Bureau of In-
dian Affairs, a school operated under a contract or grant
with the Bureau of Indian Affairs in consortia with an-
other contract or grant school or tribal or community or-
ganization, or a Bureau of Indian Affairs school in con-
sortia with an institution of higher education, a contract
or grant school and tribal or community organization shall
be given the same consideration as a local educational
agency.
‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 8201. CONSOLIDATION OF STATE ADMINISTRATIVE
FUNDS FOR ELEMENTARY AND SECONDARY
EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
may consolidate the amounts specifically made avail-
able to such agency for State administration under
one or more of the programs under paragraph (2)
if such State educational agency can demonstrate
that the majority of such agency’s resources are de-
rived from non-Federal sources.
932
HR 1 PCS
‘‘(2) APPLICABILITY.—This section applies to
any program under this Act under which funds are
authorized to be used for administration, and such
other programs as the Secretary may designate.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use the amount available under this section for
the administration of the programs included in the
consolidation under subsection (a).
‘‘(2) ADDITIONAL USES.—A State educational
agency may also use funds available under this sec-
tion for administrative activities designed to enhance
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection
(a), such as—
‘‘(A) the coordination of such programs
with other Federal and non-Federal programs;
‘‘(B) the establishment and operation of
peer-review mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information re-
garding model programs and practices;
‘‘(E) technical assistance under any pro-
gram under this Act;
933
HR 1 PCS
‘‘(F) State level activities designed to carry
out this title;
‘‘(G) training personnel engaged in audit
and other monitoring activities; and
‘‘(H) implementation of the Cooperative
Audit Resolution and Oversight Initiative of the
Department of Education.
‘‘(c) RECORDS.—A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administra-
tion of programs included in the consolidation under sub-
section (a).
‘‘(d) REVIEW.—To determine the effectiveness of
State administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such administra-
tion.
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State
educational agency does not use all of the funds available
to such agency under this section for administration, such
agency may use such funds during the applicable period
934
HR 1 PCS
of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a).
‘‘SEC. 8202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
‘‘A State educational agency that also serves as a
local educational agency, in such agency’s applications or
plans under this Act, shall describe how such agency will
eliminate duplication in the conduct of administrative
functions.
‘‘SEC. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-
ISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with
regulations of the Secretary and for any fiscal year, a local
educational agency, with the approval of its State edu-
cational agency, may consolidate and use for the adminis-
tration of one or more programs under this Act (or such
other programs as the Secretary shall designate) not more
than the percentage, established in each such program, of
the total available for the local educational agency under
such programs.
‘‘(b) STATE PROCEDURES.—Within one-year from
the date of enactment of the No Child Left Behind Act
of 2001, a State educational agency shall, in collaboration
with local educational agencies in the State, establish pro-
cedures for responding to requests from local educational
agencies to consolidate administrative funds under sub-
935
HR 1 PCS
section (a) and for establishing limitations on the amount
of funds under such programs that may be used for ad-
ministration on a consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that
consolidates administrative funds under this section for
any fiscal year shall not use any other funds under the
programs included in the consolidation for administration
for that fiscal year.
‘‘(d) USES
OF ADMINISTRATIVE FUNDS.—A local
educational agency that consolidates administrative funds
under this section may use such consolidated funds for
the administration of such programs and for uses, at the
school district and school levels, comparable to those de-
scribed in section 8201(b)(2).
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual pro-
gram, to account for costs relating to the administration
of such programs included in the consolidation.
‘‘SEC. 8204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT
OF THE INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer
to the Department of the Interior, as a consolidated
amount for covered programs, the Indian education
936
HR 1 PCS
programs under subpart 1 of part B of title III, and
the education for homeless children and youth pro-
gram under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts al-
lotted to the Department of the Interior under those
programs.
‘‘(2) AGREEMENT.—(A) The Secretary and the
Secretary of the Interior shall enter into an agree-
ment, consistent with the requirements of the pro-
grams specified in paragraph (1), for the distribu-
tion and use of those program funds under terms
that the Secretary determines best meet the pur-
poses of those programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Secretary of
the Interior for the use of the amount trans-
ferred and the performance measures to assess
program effectiveness, including measurable
goals and objectives; and
‘‘(ii) be developed in consultation with In-
dian tribes.
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use not more than 1.5 percent of the funds
consolidated under this section for such department’s
937
HR 1 PCS
costs related to the administration of the funds trans-
ferred under this section.
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND
APPLICATIONS
‘‘SEC. 8301. PURPOSE.
‘‘The purposes of this part are to improve teaching
and learning through greater coordination between pro-
grams and to provide greater flexibility to State and local
authorities by allowing the consolidation of State and local
plans, applications, and reporting.
‘‘SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR
APPLICATIONS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for
States under this Act, the Secretary, in accordance
with subsection (b), shall establish procedures and
criteria under which a State educational agency, in
consultation with the State’s Governor, may submit
a consolidated State plan or a consolidated State ap-
plication meeting the requirements of this section
for—
‘‘(A) any programs under this Act in which
the State participates; and
938
HR 1 PCS
‘‘(B) such other programs as the Secretary
may designate.
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND
PLANS.—A State educational agency, in consultation
with the State’s Governor, that submits a consoli-
dated State plan or a consolidated State application
under this section shall not be required to submit a
separate State plan or application for a program in-
cluded in the consolidated State plan or application.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and
procedures under this section, the Secretary shall
collaborate with Governors, State educational agen-
cies and, as appropriate, with other State agencies,
local educational agencies, public and private non-
profit agencies, organizations, and institutions, pri-
vate schools, and representatives of parents, stu-
dents, and teachers.
‘‘(2) CONTENTS.—Through the collaborative
process described in paragraph (1), the Secretary
shall establish, for each program under the Act to
which this section applies, the descriptions, informa-
tion, assurances, and other material required to be
included in a consolidated State plan or consolidated
State application.
939
HR 1 PCS
‘‘(3) NECESSARY
MATERIALS.—The Secretary
shall require only descriptions, information, assur-
ances, and other materials that are absolutely nec-
essary for the consideration of the consolidated State
plan or consolidated State application.
‘‘SEC. 8303. CONSOLIDATED REPORTING.
‘‘In order to simplify reporting requirements and re-
duce reporting burdens, the Secretary shall establish pro-
cedures and criteria under which a State educational agen-
cy, in consultation with the State’s Governor, may submit
a consolidated State annual report. Such report shall con-
tain information about the programs included in the re-
port, including the State’s performance under those pro-
grams, and other matters as the Secretary determines,
such as monitoring activities. Such a report shall take the
place of separate individual annual reports for the pro-
grams subject to it.
‘‘SEC. 8304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency, in
consultation with the State’s Governor, that submits a
consolidated State plan or consolidated State application
under this Act, whether separately or under section 8302,
shall have on file with the Secretary a single set of assur-
940
HR 1 PCS
ances, 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 organiza-
tion, or in an Indian tribe if the law authorizing the
program provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing law;
‘‘(3) the State will adopt and use proper meth-
ods of administering each such program, including—
‘‘(A) the enforcement of any obligations
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for
carrying out each program;
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and
942
HR 1 PCS
‘‘(b) GEPA PROVISION.—Section 441 of the General
Education Provisions Act shall not apply to programs
under this Act.
‘‘SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS.
‘‘(a) GENERAL AUTHORITY.—A local educational
agency receiving funds under more than one program
under this Act may submit plans or applications to the
State educational agency under such programs on a con-
solidated basis. The State educational agency shall make
any consolidated local plans and applications available to
the Governor.
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State that has an approved consolidated State
plan or application under section 8302 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 consoli-
dated local plans or applications under such programs, but
may not require such agencies to submit separate plans.
‘‘(c) COLLABORATION.—A State educational agency,
in consultation with the Governor, shall collaborate with
local educational agencies in the State in establishing pro-
cedures for the submission of the consolidated State plans
or consolidated State applications under this section.
943
HR 1 PCS
‘‘(d) NECESSARY MATERIALS.—The State shall re-
quire only descriptions, information, assurances, and other
material that are absolutely necessary for the consider-
ation of the local educational agency plan or application.
‘‘SEC. 8306. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a
State that submits a plan or application under this Act,
shall have on file with the State 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 agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
944
HR 1 PCS
‘‘(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, orga-
nizations, and other recipients responsible for
carrying out each program; and
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, 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 prop-
er disbursement of, and accounting for, Federal
funds paid to such applicant under each such pro-
gram;
‘‘(6) the applicant will—
‘‘(A) make reports to the Governor and
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
945
HR 1 PCS
‘‘(B) maintain such records, provide such
information, and afford access to the records as
the Governor and State educational agency or
the Secretary may find necessary to carry out
the State’s or the Secretary’s duties; and
‘‘(7) before the application was submitted, the
applicant afforded a reasonable opportunity for pub-
lic comment on the application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General
Education Provisions Act shall not apply to programs
under this Act.
‘‘PART D—WAIVERS
‘‘SEC. 8401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary may waive any statutory or regulatory
requirement of this Act or the Carl D. Perkins Vocational
and Technical Education Act of 1998 for a State edu-
cational agency, local educational agency, Indian tribe, or
school through a local educational agency, that—
‘‘(1) receives funds under a program authorized
by this Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—