Collapse to view only § 7872. Approval and disapproval of local educational agency applications
- § 7871. Approval and disapproval of State plans
- § 7872. Approval and disapproval of local educational agency applications
§ 7871. Approval and disapproval of State plans
(a) Approval
(b) Disapproval process
(1) In general
(2) Notifications
If the Secretary finds that the plan is not in compliance, in whole or in part, with section 6611(d), 7113(c), or 7173 of this title, or part C, as applicable, the Secretary shall—
(A) immediately notify the State of such determination;
(B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;
(C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable;
(D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable;
(E) conduct a hearing within 30 days of the plan’s resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and
(F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant.
(3) Response
(4) Failure to respond
(c) Limitation
(d) Peer-review requirements
(Pub. L. 89–10, title VIII, § 8451, as added Pub. L. 114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat. 2107.)
§ 7872. Approval and disapproval of local educational agency applications
(a) Approval
(b) Disapproval process
(1) In general
(2) Notifications
If the State educational agency finds that the application submitted under section 6612(b), 7116, 7174(b) or 7845 of this title is not in compliance, in whole or in part, with section 6612(b), 7116, or 7174(b) of this title, or part C, respectively, the State educational agency shall—
(A) immediately notify the local educational agency of such determination;
(B) provide a detailed description of the specific provisions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;
(C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local educational agency to present supporting information to clearly demonstrate that the application meets the requirements of such section or part;
(D) provide technical assistance, upon request of the local educational agency, in order to assist the local educational agency to meet the requirements of such section or part, as applicable;
(E) conduct a hearing within 30 days of the application’s resubmission under subparagraph (C), unless a local educational agency declines the opportunity for such a hearing; and
(F) request additional information, only as to the noncompliant provisions, needed to make the application compliant.
(3) Response
(4) Failure to respond
(Pub. L. 89–10, title VIII, § 8452, as added Pub. L. 114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat. 2108.)