Federal Assurances

Medium

When completing the annual Intent to Apply, North Dakota school districts affirm the following general assurances from Every Student Succeeds Act (ESSA), as well as assurances required of all recipients of Federal funds. These are statutorily assurances needed for the receipt of Federal funds under the specifically designated programs. In addition, recipients are required to fulfill all statutory, regulatory, and program plan requirements inherent in the application and approval process for each program. Recipients are subject to all state and federal assurances, program provisions and requirements, program non-regulatory guidance, and statutory guidelines established by the Elementary and Secondary Education Act (ESEA), Uniform Grant Guidance (UGG), Education Department General Administrative Regulations (EDGAR), Code of Federal Regulations (CFR), United States Code (USC), North Dakota Century Code (NDCC), and North Dakota Administrative Code (NDAC).

Compliance with these assurances constitutes a condition of continued receipt of Federal financial assistance and is binding upon the district for the duration of the programs. In the event of failure to comply with these assurances, it is understood that funds can be terminated and the right to receive further assistance can be denied.

The signed assurances must be kept on file for review upon request by independent auditors, or State or Federal officials. Staff responsible for grants administration or fiscal management should either have a copy of the document or be informed of its location and contents.

Medium

The school district assures it is, or will take action to become, compliant with the following programs or activities receiving Federal financial assistance:

  • administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications (§8306(a)(2)(B))

  • use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to that agency under each program (§8306(a)(6)(A)-(B))

  • cooperate in carrying out evaluations conducted by the NDDPI or the USED, make reports to the NDDPI or USED to enable them to perform their duties and that the school district will maintain and provide access to such records, and correct any deficiencies in program operations identified through audits, monitoring, or evaluations (§8306(a)(3)(4)(5))

  • provide reasonable opportunities for the consultation and participation by teachers, parents, and other interested agencies, organizations, and individuals in the planning for the education of children and operation of each federal program; hear public comments, and consider such comments, pertaining to programs within the Consolidated Application before the application is submitted (§8306(a)(7))

  • adopt (or has adopted) effective procedures for acquiring and disseminating to teachers and administrators participating in each program significant information from educational research; demonstrations and similar projects; and for adopting, where appropriate, promising educational practices developed through such projects (20 U.S.C. §1232e)

The school district shall adhere to:

  • Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d-2000d-4) which states no person in the United States shall; on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination (34 CFR Part 100)

  • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), which prohibits discrimination based on handicap (34 CFR Part 104)

  • Title II of the Americans With Disabilities Act (42 U.S.C. §12131-12134) which prohibits discrimination on the basis of disability by public entities (28 CFR Part 35), or with Title III of the Americans with Disabilities Act (42 U.S.C. §12181-12189) which prohibits discrimination on the basis of disability and requires places of public accommodation to be designed, constructed, and altered in compliance with accessibility standards (28 CFR Part 36)

  • Title IX of the Education Amendments of 1972 (20 U.S.C. §1681-1683), which prohibits discrimination based on sex in education (34 CFR Part 106)

  • All contractors, or others with whom it arranges to provide services or benefits to its students or employees in connection with its education programs or activities, are not discriminating in violation of statutes, regulations, guidelines, and standards associated with Title IX of the Education Amendments of 1972 (34 CFR Part 106.4)

  • Age Discrimination Act of 1975 (42 U.S.C. §6101), which prohibits discrimination based on age (34 CFR Part 110)

  • Compliance under the Gun-Free Schools Act ensures the LEA has: (1) implemented a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm to school; and 2) policy for possession of weapons and firearms and one year expulsion as set forth in NDCC 15.1-19-10 and 3) submitted the required data in the Suspensions, Expulsion and Truancy annual report; a description of the circumstances surrounding expulsions imposed under the one-year expulsion requirement, including: (A) the name of the school concerned; (B) the number of students expelled from the school; and (C) the type of firearms concerned.

The school district shall:

  • ensure control of funds provided to the school district under each program, and title to property acquired with those funds, will be in a public agency or in an eligible private agency, institution, organization, or Indian tribe (20 U.S.C. §1232(e) and §8306(a)(2)(A))

  • provide, on a request made by military recruiters or an institution of higher education, access to the name, address, and telephone of each secondary student, unless a parent has submitted the prior consent request which, upon receiving, prohibits the school district from releasing such information (20 U.S.C. §7908(a))

  • ensure that a student who is attending a persistently dangerous public school, or who becomes a victim of a violent criminal offense while in or on the grounds of a public school, will be allowed to attend a safe public school (§8532)

  • ensure that no policy of the school district prevents, or denies participation in, constitutionally protected prayer in public schools (20 U.S.C. §7904(b)) (USED Guidance February 2026)

  • ensure compliance with requirements and provisions under the Children’s Internet Protection Act (47 CFR §54.520(c))

  • adopt appropriate procedures to implement the terms of the Family Educational Rights and Privacy Act of 1974 (34 CFR Part 99)

  • ensure that federal grant dollars will not be used directly or indirectly to pay for lobbying efforts, membership fees will not subsidize lobbying activities (2 C.F.R. §§ 200.450)

  • adopt and use proper methods of administering each program, including the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program and the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation (§8306(a)(3))

  • provide equitable participation to eligible private school children, teachers, and other educational personnel in programs under Title I, Title II, Title III, and Title IV (20 U.S.C. §6320(b) and §7881(d))

  • comply with the requirements of the McKinney-Vento Homeless Assistance Act including equal access to education, comparable services, transportation, immediate enrollment, appointment of district homeless liaison, and participation in Title I set aside, and will use lo local funds, as necessary, to provide services for students experiencing homelessness (42 U.S.C. 11432 and §722(g))

  • ensure that it has foster care policies and practices in place so the child remains in his or her school of origin while determining whether it is in a child’s best interest to remain in his or her school of origin, to minimize disruptions and reduce the number of moves between schools (§1111(g)(1)(E)(i))

ESSA §1118 [20 U.S.C. §6321] Title I Supplement, Not Supplant Fiscal Requirements:

  1. General – A district shall use Federal funds received under Title I only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this program, and not to supplant such funds.

  1. Compliance – A district shall demonstrate the methodology used to allocate State and local funds to each school receiving assistance under Title I and ensures that such school receives all State and local funds it would otherwise receive if it were not receiving assistance under this program.

  • ensure that funds received shall be used to supplement, and not supplant, non-Federal, State, and local funds that would otherwise be used for activities authorized under Title II (§2301), Title III (§3115(g) or Title IV (§4110)

  • ensure funds are used to provide evidence-based practices, programs, and interventions supported by strong evidence, moderate evidence, promising evidence, or evidence that demonstrates a rationale §8101(21)(A)

  • target funds to schools within the district that are implementing comprehensive support and improvement activities under §1111(d) and have the highest percentage of low-income children counted under §1124(c). Section 2102(c); are identified for comprehensive support and improvement under §111(c)(4)(D)(i); are implementing targeted support and improvement plans as described in §1111(d)(2); or are identified as a persistently dangerous public elementary school or secondary school under §8532. §4106 (e)(2)(A)

  • to the extent authorized by law, save and hold harmless the State, its employees, and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney(s)’ fees incurred as a result of any act or omission by it, or its employees, agents, subcontractors, or assignees in its operation of the programs 

Medium

Title I Assurances (§1112), most notably the following criteria:

  1. Parent's Right to Know – 1) individual school building administrators must notify parents of all students that they may request information regarding the professional qualifications of instructional staff in their buildings; and if the school receives a request, it must provide parents with this information; and 2) schools must notify parents if students are taught for four consecutive weeks by a teacher who is authorized to teach in ND, but is currently teaching under an emergency or provisional license, or is taking coursework to meet licensing requirements. §1112(e)

  1. Title I Policies – Title I programs must comply with the Dispute Resolution Policy, Parent and Family Engagement Policies, and School-Parent Compact. These Policies must be updated annually, establish the district’s expectations and objectives for meaningful parent and family involvement, and describe how it will involve parents and families in jointly developing the plan and integrating effective strategies.

  1. Will ensure that migratory children and formerly migratory children who are eligible to receive services are selected to receive such services on the same basis as other children who are selected to receive services. §1112(c)(1).

  1. Collaborate with the State or local welfare agency to designate a foster care liaison, develop and implement written procedures governing transportation to maintain foster children in their school of origin when in their best interest. §1112(c)(5)(A-B).

  1. Will, if funds are used to provide early childhood development services to low-income children below the age of compulsory school attendance, comply with the performance standards established under Section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)). §1112(c)(7).

  1. Will, regardless of whether it operates a Title I preschool program, carry out the coordination of activities with Head Start agencies or other early learning programs that serve children who will attend schools of the district; this coordination must include a systematic procedure for receiving records, communication regarding early childhood programs, consultation with stakeholders, professional development, and collaboration with Head Start agencies. (§1119) 

Medium

Title III Assurances (§3115). The district assures it will:

  1. Use the funds to provide an effective language instruction educational program to increase the English language proficiency of English learners (Title III, §3115(c)(1)(A,B))

  1. Use the funds to provide effective professional development for classroom teachers, principals and other school leaders, administrators, and other school or community-based organizational personnel (Title III, §3115(c)(2)(A-D))

  1. Use the funds to provide and implement effective parent, family, and community engagement activities (Title III, §3115(c)(3)(A))

  1. Implement the statewide entrance and exit criteria and procedures (ND State ESSA Plan, Title III, §3113(b)(2))

  1. Ensure all ELs annually participate in the ND ELP Assessment (Title III, §3116(b)(2)(A), Title III, §3113(b)(3)(B), and Title I, §1111(b)(2)(G)(i))

  1. Evaluate the English language development program effectiveness and student progress (Title III, §3113(b)(8)(A,B))

  1. Ensure all teachers in any Title III language instruction educational program for English learners are fluent in English including having written and oral communications skills (Title III, §3116(c))