118 STAT. 2754 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(1) shall provide satisfactory assurance that Federal funds made available under section 643 to the State will be expended in accordance with this part; ‘‘(2) shall contain an assurance that the State will comply with the requirements of section 640; ‘‘(3) shall provide satisfactory assurance that the control of funds provided under section 643, and title to property derived from those funds, will be in a public agency for the uses and purposes provided in this part 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 part; 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 part; ‘‘(5) provide satisfactory assurance that Federal funds made available under section 643 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 sup plant 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 643 to the State; ‘‘(7) shall provide satisfactory assurance that policies and procedures have been adopted to ensure meaningful involve ment 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 part; and ‘‘(8) shall contain such other information and assurances as the Secretary may reasonably require by regulation. ‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICATION.—The Sec retary 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 dem onstrates that the State meets a requirement of this section, including any policy or procedure filed under this part (as in effect before the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004), the Secretary shall consider the State to have met the requirement for purposes of receiving a grant under this part. ‘‘(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 modi fication of an application to the same extent and in the same manner as this section applies to the original application.
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