Sec. 2. Declaration of intent
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Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. A State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 ( 20 U.S.C. 6301 ).
A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). Funds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. Each declaration of intent shall contain— a list of eligible programs that are subject to the declaration of intent; an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; the duration of the declaration of intent; an assurance that the State will use fiscal control and fund accounting procedures; an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; and a description of the plan for maintaining direct accountability to parents and other citizens of the State.
The duration of the declaration of intent shall not exceed 5 years. The Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). If the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved.
The State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). A declaration of intent that is in effect may be amended to— expand the scope of such declaration of intent to encompass additional eligible programs; reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; modify the duration of such declaration of intent; or such other modifications that the State Authorizing Officials deem appropriate.
The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program.
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