---
kind: "section"
citation: "20 U.S.C. § 1437"
title: "20"
title_heading: "Education"
number: "1437"
heading: "State application and assurances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1437"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter III — Infants and Toddlers with Disabilities"
---

# §1437. State application and assurances

- (a) **Application—** A [State](/usc/20/1401.md?p=31) desiring to receive a grant under [section 1433 of this title](/usc/20/1433.md) shall submit an application to the [Secretary](/usc/20/1401.md?p=28) at such time and in such manner as the [Secretary](/usc/20/1401.md?p=28) may reasonably require. The application shall contain—
  - (1) a designation of the lead agency in the [State](/usc/20/1401.md?p=31) that will be responsible for the administration of funds provided under [section 1433 of this title](/usc/20/1433.md);
  - (2) a certification to the [Secretary](/usc/20/1401.md?p=28) that the arrangements to establish financial responsibility for services provided under this subchapter pursuant to [section 1440(b) of this title](/usc/20/1440.md?p=b) are current as of the date of submission of the certification;
  - (3) information demonstrating eligibility of the [State](/usc/20/1401.md?p=31) under [section 1434 of this title](/usc/20/1434.md), including—
    - (A) information demonstrating to the [Secretary](/usc/20/1401.md?p=28)’s satisfaction that the [State](/usc/20/1401.md?p=31) has in effect the statewide system required by [section 1433 of this title](/usc/20/1433.md); 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](/usc/20/1401.md?p=31) 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](/usc/20/1401.md?p=31) policies and procedures that require the referral for [early intervention services](/usc/20/1432.md?p=4) 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](/usc/20/1401.md?p=31);
  - (8) a description of [State](/usc/20/1401.md?p=31) policies and procedures that ensure that, prior to the adoption by the [State](/usc/20/1401.md?p=31) 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](/usc/20/1401.md?p=23) 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](/usc/20/1432.md?p=4) under this subchapter (and children receiving those services under [section 1435(c) of this title](/usc/20/1435.md?p=c)) 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)](#a-9-C); and
      - (ii) the lead agency designated or established under [section 1435(a)(10) of this title](/usc/20/1435.md?p=a-10) will—
        - (I) notify the [local educational agency](/usc/20/1401.md?p=19-A) 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](/usc/20/1401.md?p=31) 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](/usc/20/1401.md?p=19-A) 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](/usc/20/1401.md?p=31) efforts to promote collaboration among Early Head Start programs under [section 9840a of title 42](/usc/42/9840a.md), early education and child care programs, and services under this subchapter; and
  - (11) such other information and assurances as the [Secretary](/usc/20/1401.md?p=28) may reasonably require.
- (b) **Assurances—** The application described in [subsection (a)](#a)—
  - (1) shall provide satisfactory assurance that Federal funds made available under [section 1443 of this title](/usc/20/1443.md) to the [State](/usc/20/1401.md?p=31) will be expended in accordance with this subchapter;
  - (2) shall contain an assurance that the [State](/usc/20/1401.md?p=31) will comply with the requirements of [section 1440 of this title](/usc/20/1440.md);
  - (3) shall provide satisfactory assurance that the control of funds provided under [section 1443 of this title](/usc/20/1443.md), 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](/usc/20/1401.md?p=28) may require to carry out the [Secretary](/usc/20/1401.md?p=28)’s functions under this subchapter; and
    - (B) keeping such reports and affording such access to the reports as the [Secretary](/usc/20/1401.md?p=28) 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](/usc/20/1443.md) to the [State](/usc/20/1401.md?p=31)—
    - (A) will not be commingled with [State](/usc/20/1401.md?p=31) funds; and
    - (B) will be used so as to supplement the level of [State](/usc/20/1401.md?p=31) and local funds expended for infants and toddlers with disabilities and their families and in no case to supplant those [State](/usc/20/1401.md?p=31) 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](/usc/20/1443.md) to the [State](/usc/20/1401.md?p=31);
  - (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](/usc/20/1401.md?p=31), in the planning and implementation of all the requirements of this subchapter; and
  - (8) shall contain such other information and assurances as the [Secretary](/usc/20/1401.md?p=28) may reasonably require by regulation.
- (c) **Standard for disapproval of application—** The [Secretary](/usc/20/1401.md?p=28) may not disapprove such an application unless the [Secretary](/usc/20/1401.md?p=28) 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](/usc/20/1401.md?p=31) has on file with the [Secretary](/usc/20/1401.md?p=28) a policy, procedure, or assurance that demonstrates that the [State](/usc/20/1401.md?p=31) meets a requirement of this section, including any policy or procedure filed under this subchapter (as in effect before December 3, 2004), the [Secretary](/usc/20/1401.md?p=28) shall consider the [State](/usc/20/1401.md?p=31) to have met the requirement for purposes of receiving a grant under this subchapter.
- (e) **Modification of application—** An application submitted by a [State](/usc/20/1401.md?p=31) in accordance with this section shall remain in effect until the [State](/usc/20/1401.md?p=31) submits to the [Secretary](/usc/20/1401.md?p=28) such modifications as the [State](/usc/20/1401.md?p=31) 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](/usc/20/1401.md?p=28) may require a [State](/usc/20/1401.md?p=31) to modify its application under this section, but only to the extent necessary to ensure the [State](/usc/20/1401.md?p=31)’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](/usc/20/1401.md?p=31)’s highest court; or
  - (3) an official finding of noncompliance with Federal law or regulations is made with respect to the [State](/usc/20/1401.md?p=31).

## Source credit

(Pub. L. 91–230, title VI, § 637, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2752.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1437, Pub. L. 91–230, title VI, § 637, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 112, related to State application and assurances, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.