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20 U.S.C. § 1478

Section 1478 · State application and assurances

Amended 4 times on record

(a) Application

Any State desiring to receive a grant under section 1473 of this title for any year shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require by regulation. Such an application shall contain—

(1) a designation of the lead agency in the State that will be responsible for the administration of funds provided under section 1473 of this title,

(2) a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies,

(3) information demonstrating eligibility of the State under section 1474 of this title,

(4) the information or assurances required to demonstrate eligibility of the State for the particular year of participation under section 1475 of this title,

(5)(A) information demonstrating that the State has provided (i) public hearings, (ii) adequate notice of such hearings, and (iii) an opportunity for comment to the general public before the submission of such application and before the adoption by the State of the policies described in such application, and (B) a summary of the public comments and the State's responses,

(6) a description of the uses for which funds will be expended in accordance with this subchapter and, for the fifth and succeeding fiscal years, a description of the services to be provided,

(7) a description of the procedure used to ensure an equitable distribution of resources made available under this subchapter among all geographic areas within the State,

(8) a description of the policies and procedures used to ensure a smooth transition for individuals participating in the early intervention program under this subchapter who are eligible for participation in preschool programs under subchapter II of this chapter, including a description of how the families will be included in the transitional plans and how the lead agency under this subchapter will notify the appropriate local educational agency or intermediate educational unit in which the child resides and convene, with the approval of the family, a conference between the lead agency, the family, and such agency or unit at least 90 days before such child is eligible for the preschool program under subchapter II of this chapter in accordance with State law, and to review the child's program options, for the period commencing on the day a child turns 3 running through the remainder of the school year, and to establish a transition plan, and

(9) such other information and assurances as the Secretary may reasonably require by regulation.

(b) Statement of assurances

Any State desiring to receive a grant under section 1473 of this title shall file with the Secretary a statement at such time and in such manner as the Secretary may reasonably require by regulation. Such statement shall—

(1) assure that funds paid to the State under section 1473 of this title will be expended in accordance with this subchapter,

(2) contain assurances that the State will comply with the requirements of section 1481 of this title,

(3) provide satisfactory assurance that the control of funds provided under section 1473 of this title, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this subchapter and that a public agency will administer such funds and property,

(4) provide for (A) making such reports in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this subchapter, and (B) keeping such records and affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports and proper disbursement of Federal funds under this subchapter,

(5) provide satisfactory assurance that Federal funds made available under section 1473 of this title (A) will not be commingled with State funds, and (B) will be so used as to supplement and increase the level of State and local funds expended for infants and toddlers with disabilities and their families and in no case to supplant such State and local funds,

(6) provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under section 1473 of this title to the State,

(7) beginning in fiscal year 1992, provide satisfactory assurance that policies and practices have been adopted to ensure meaningful involvement of traditionally underserved groups, including minority, low-income, and rural families, in the planning and implementation of all the requirements of this subchapter and to ensure that such families have access to culturally competent services within their local areas, and

(8) such other information and assurances as the Secretary may reasonably require by regulation.

(c) Approval of application and assurances required

No State may receive a grant under section 1473 of this title unless the Secretary has approved the application and statement of assurances of that State. The Secretary shall not disapprove such an application or statement of assurances unless the Secretary determines, after notice and opportunity for a hearing, that the application or statement of assurances fails to comply with the requirements of this section.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendments

1991—Pub. L. 102 119, §25(b), amended directory language of Pub. L. 101 476. See 1990 Amendment note below.

Subsec. (a)(2) to (6). Pub. L. 102 119, §15(1)(A)(ii), (iii), added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively. Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 102 119, §15(1)(A)(ii), (B)(i), redesignated par. (6) as (7) and struck out “and” after “within the State,”. Former par. (7) redesignated (9).

Subsec. (a)(8). Pub. L. 102 119, §15(1)(B)(ii), added par. (8).

Subsec. (a)(9). Pub. L. 102 119, §15(1)(A)(i), redesignated par. (7) as (9).

Subsec. (b)(7), (8). Pub. L. 102 119, §15(2), added par. (7) and redesignated former par. (7) as (8).

1990—Subsec. (b)(5). Pub. L. 101 476, as amended by Pub. L. 102 119, §25(b), substituted “infants and toddlers with disabilities” for “handicapped infants and toddlers”.

1988—Subsec. (a)(3). Pub. L. 100 630, §108(g)(1), struck out “and” at end.

Subsec. (a)(5). Pub. L. 100 630, §108(g)(2), substituted “and, for the fifth and succeeding fiscal years, a” for “and for the fifth and succeeding fiscal years a”.

Effective Date of 1991 Amendment

Amendment by section 15 of Pub. L. 102 119 effective July 1, 1992, except that each State has option to have amendment apply earlier than such date, see section 27(b) of Pub. L. 102 119, set out as a note under section 927 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101 476, set out as a note under section 1087ee of this title.

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