20 U.S.C. § 1437 : US Code - Section 1437: State application and assurances

Search 20 U.S.C. § 1437 : US Code - Section 1437: State application and assurances

(a) Application
A State desiring to receive a grant under section 1433 of this
title shall submit an application to the Secretary at such time and
in such manner as the Secretary may reasonably require. The
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 1433 of this title;
(2) a certification to the Secretary that the arrangements to
establish financial responsibility for services provided under
this subchapter pursuant to section 1440(b) of this title are
current as of the date of submission of the certification;
(3) information demonstrating eligibility of the State under
section 1434 of this title, including -
(A) information demonstrating to the Secretary's satisfaction
that the State has in effect the statewide system required by
section 1433 of this title; and
(B) a description of services to be provided to infants and
toddlers with disabilities and their families through the
system;
(4) if the State provides services to at-risk infants and
toddlers through the statewide system, a description of such
services;
(5) a description of the uses for which funds will be expended
in accordance with this subchapter;
(6) a description of the State policies and procedures that
require the referral for early intervention services under this
subchapter of a child under the age of 3 who -
(A) is involved in a substantiated case of child abuse or
neglect; or
(B) is identified as affected by illegal substance abuse, or
withdrawal symptoms resulting from prenatal drug exposure;
(7) a description of the procedure used to ensure that
resources are made available under this subchapter for all
geographic areas within the State;
(8) a description of State policies and procedures that ensure
that, prior to the adoption by the State of any other policy or
procedure necessary to meet the requirements of this subchapter,
there are public hearings, adequate notice of the hearings, and
an opportunity for comment available to the general public,
including individuals with disabilities and parents of infants
and toddlers with disabilities;
(9) a description of the policies and procedures to be used -
(A) to ensure a smooth transition for toddlers receiving
early intervention services under this subchapter (and children
receiving those services under section 1435(c) of this title)
to preschool, school, other appropriate services, or exiting
the program, including a description of how -
(i) the families of such toddlers and children will be
included in the transition plans required by subparagraph
(C); and
(ii) the lead agency designated or established under
section 1435(a)(10) of this title will -
(I) notify the local educational agency for the area in
which such a child resides that the child will shortly
reach the age of eligibility for preschool services under
subchapter II, as determined in accordance with State law;
(II) in the case of a child who may be eligible for such
preschool services, with the approval of the family of the
child, convene a conference among the lead agency, the
family, and the local educational agency not less than 90
days (and at the discretion of all such parties, not more
than 9 months) before the child is eligible for the
preschool services, to discuss any such services that the
child may receive; and
(III) in the case of a child who may not be eligible for
such preschool services, with the approval of the family,
make reasonable efforts to convene a conference among the
lead agency, the family, and providers of other appropriate
services for children who are not eligible for preschool
services under subchapter II, to discuss the appropriate
services that the child may receive;
(B) to review the child's program options for the period from
the child's third birthday through the remainder of the school
year; and
(C) to establish a transition plan, including, as
appropriate, steps to exit from the program;
(10) a description of State efforts to promote collaboration
among Early Head Start programs under section 9840a of title 42,
early education and child care programs, and services under this
subchapter; and
(11) such other information and assurances as the Secretary may
reasonably require.
(b) Assurances
The application described in subsection (a) -
(1) shall provide satisfactory assurance that Federal funds
made available under section 1443 of this title to the State will
be expended in accordance with this subchapter;
(2) shall contain an assurance that the State will comply with
the requirements of section 1440 of this title;
(3) shall provide satisfactory assurance that the control of
funds provided under section 1443 of this title, and title to
property derived from those funds, will 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) shall 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 reports and affording such access to the
reports as the Secretary may find necessary to ensure the
correctness and verification of those reports and proper
disbursement of Federal funds under this subchapter;
(5) provide satisfactory assurance that Federal funds made
available under section 1443 of this title to the State -
(A) will not be commingled with State funds; and
(B) will be used so as to supplement the level of State and
local funds expended for infants and toddlers with disabilities
and their families and in no case to supplant those State and
local funds;
(6) shall provide satisfactory assurance that such fiscal
control and fund accounting procedures will be adopted as may be
necessary to ensure proper disbursement of, and accounting for,
Federal funds paid under section 1443 of this title to the State;
(7) shall provide satisfactory assurance that policies and
procedures have been adopted to ensure meaningful involvement of
underserved groups, including minority, low-income, homeless, and
rural families and children with disabilities who are wards of
the State, in the planning and implementation of all the
requirements of this subchapter; and
(8) shall contain such other information and assurances as the
Secretary may reasonably require by regulation.
(c) Standard for disapproval of application
The Secretary may not disapprove such an application unless the
Secretary determines, after notice and opportunity for a hearing,
that the application fails to comply with the requirements of this
section.
(d) Subsequent State application
If a State has on file with the Secretary a policy, procedure, or
assurance that demonstrates that the State meets a requirement of
this section, including any policy or procedure filed under this
subchapter (as in effect before December 3, 2004), the Secretary
shall consider the State to have met the requirement for purposes
of receiving a grant under this subchapter.
(e) Modification of application
An application submitted by a State in accordance with this
section shall remain in effect until the State submits to the
Secretary such modifications as the State determines necessary.
This section shall apply to a modification of an application to the
same extent and in the same manner as this section applies to the
original application.
(f) Modifications required by the Secretary
The Secretary may require a State to modify its application under
this section, but only to the extent necessary to ensure the
State's compliance with this subchapter, if -
(1) an amendment is made to this chapter, or a Federal
regulation issued under this chapter;
(2) a new interpretation of this chapter is made by a Federal
court or the State's highest court; or
(3) an official finding of noncompliance with Federal law or
regulations is made with respect to the State.