20 U.S.C. § 3603

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 3603 - State plan

(a) Submission by State educational agency receiving administrative funds for programs; contents

Not later than six months after June 14, 1980, the State educational agency of any State which receives administrative funds for any applicable program (as defined under section 1221(c)(1)(A) ¹ of this title) shall submit to the Secretary a plan which-

(1) describes the manner in which the State, not later than nine months after June 14, 1980, shall distribute to local educational agencies within that State's jurisdiction information describing-

(A) the programs established under this chapter;

(B) the health hazards associated with exposure to asbestos fibers; and

(C) the procedures established by the Secretary under section 3606 of this title for carrying out activities under programs under this chapter, and such other relevant information regarding such activities as the State considers desirable;

(2) contains a general description of the content of the information to be distributed in accordance with paragraph (1) and provides assurances that the State shall continually revise such information and distribute such revised material to local educational agencies to ensure that such agencies have available to them the most recent material available with regard to the matters referred to in paragraph (1);

(3) describes the procedures to be used by the State for maintaining records on-

(A) the presence of asbestos materials in school buildings of local educational agencies;

(B) the asbestos detection, containment, or removal activities conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); and

(C) repairs made to restore school buildings to conditions comparable to those existing before the containment or removal activities referred to in subparagraph (B) were undertaken; and

(4) designates a State agency or other administrative unit with the responsibility for submitting to the Secretary the reports described in subsection (b) of this section and provides assurances that such agency or unit shall carry out the duties specified under subsection (b).

(b) Reporting requirements respecting plan implementation

Not later than six months after the submission of the plan described in subsection (a), and each six months thereafter during the two-year period beginning on June 14, 1980, the State agency or unit designated under paragraph (4) of subsection (a) shall submit to the Secretary a report which describes the actions taken by the State in accordance with its plan under such subsection.

¹ See References in Text note below.

20 U.S.C. § 3603

Pub. L. 96-270, §4, June 14, 1980, 94 Stat. 490.

EDITORIAL NOTES

REFERENCES IN TEXTSection 1221 of this title, referred to in subsec. (a), was amended generally by Pub. L. 103-382, title II, §211, Oct. 20, 1994, 108 Stat. 3912, and, as so amended, no longer contains a subsec. (c)(1)(A). However, the term "applicable program" is defined in subsec. (c)(1) of that section.

Secretary: the term "Secretary" means the Secretary of Education, or his designee;
State: the term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Bureau of Indian Affairs, and the Office of Overseas Schools of the Department of Defense; and
asbestos: the term "asbestos" means-(A) chrysotile, amosite, or crocidolite; or(B) in fibrous form, tremolite, anthophyllite, or actinolite;
school buildings: the term "school buildings" means-(A) structures suitable for use as classrooms, laboratories, libraries, school eating facilities, or facilities used for the preparation of food;(B) any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;(C) other facilities used for the instruction of students, for research, or for the administration of educational or research programs; and(D) maintenance, storage, or utility facilities essential to the operation of the facilities described in subparagraphs (A) through (C) of this paragraph;