Sec. 2. State management decision
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/bill/116/hr/2263/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each State is authorized to submit to the Secretary a State management decision 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 management decision of the State 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 State management decision under this Act shall be used for any educational purpose permitted by State law of the State submitting a State management decision. Each State educational agency that operates under a State management decision under this Act may modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other eligible Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements.
Each State management decision shall contain— a list of eligible programs that are subject to the State management decision; an assurance that the submission of the State management decision has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; the duration of the State management decision; 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 State management decision and in consolidating and using the funds under the State management decision; an assurance that in implementing the State management decision the State will seek to advance educational opportunities for the disadvantaged; a description of the plan for maintaining direct accountability to parents and other citizens of the State; an assurance that in implementing the State management decision, the State will seek to use Federal funds to supplement, rather than supplant, State education funding; and a description of how the State will address persistently failing public schools.
The duration of the State management decision shall— be greater than or equal to 5 years; and be less than or equal to 10 years. The Secretary shall review the State management decision received from the State Designated Officer not more than 60 days after the date of receipt of such decision, and shall approve, with respect to permitting the State to receive the funds described in subsection (a), such State management decision unless the State management decision fails to meet the requirements under subsection (c).
If the Secretary fails to take action within the time specified in paragraph (1), the State management decision, as submitted, shall be deemed to be approved. The State Authorizing Officials may direct the State Designated Officer to submit amendments to a State management decision that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). A State management decision that is in effect may be amended to— expand the scope of such State management decision to encompass additional eligible programs; reduce the scope of such State management decision by excluding coverage of a Federal program included in the original State management decision; modify the duration of such State management decision; or achieve such other modifications as 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 State management decision 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 State management decision shall apply to the State's use of funds made available under the program.
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