SEC. 8014.
APPROVAL AND DISAPPROVAL OF STATE AND LOCAL APPLICATIONS
Section Summary
ESSA
SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL
APPLICATIONS.
Title VIII, as amended and redesignated by section 8001 of this Act,
is further amended by inserting after section 8401 the following:
``PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS
``SEC. 8451. <<NOTE: 20 USC 7871.>> APPROVAL AND DISAPPROVAL OF
STATE PLANS.
``(a) Approval.--A plan submitted by a State pursuant to section
2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary
unless the Secretary makes a written determination (which shall include
the supporting information and rationale supporting such determination),
prior to the expiration of the 120-day period beginning on the date on
which the Secretary received the plan, that the plan is not in
compliance with section 2101(d), 4103(c), or 4203, or part C,
respectively.
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally
disapprove a plan submitted under section 2101(d), 4103(c),
4203, or 8302, except after giving the State educational agency
notice and an opportunity for a hearing.
``(2) Notifications.--If the Secretary finds that the plan
is not in compliance, in whole or in part, with section 2101(d),
4103(c), or 4203, 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.--If the State educational agency responds to
the Secretary's notification described in paragraph (2)(A) prior
to the expiration of the 45-day period beginning on the date on
which the State educational agency received the
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notification, and resubmits the plan as described in paragraph
(2)(C), the Secretary shall approve such plan unless the
Secretary determines the plan does not meet the requirements of
section 2101(d), 4103(c), or 4203, or part C, as applicable.
``(4) Failure to respond.--If the State educational agency
does not respond to the Secretary's notification described in
paragraph (2)(A) prior to the expiration of the 45-day period
beginning on the date on which the State educational agency
received the notification, such plan shall be deemed to be
disapproved.
``(c) Limitation.--A plan submitted under section 2101(d), 4103(c),
4203, or 8302 shall not be approved or disapproved based upon the nature
of the activities proposed within such plan if such proposed activities
meet the applicable program requirements.
``(d) Peer-review Requirements.--Notwithstanding any other
requirements of this part, the Secretary shall ensure that any portion
of a consolidated State plan that is related to part A of title I is
subject to the peer-review process described in section 1111(a)(4).
``SEC. 8452. <<NOTE: 20 USC 7872.>> APPROVAL AND DISAPPROVAL OF
LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``(a) Approval.--An application submitted by a local educational
agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be
approved by the State educational agency unless the State educational
agency makes a written determination (which shall include the supporting
information and rationale for such determination), prior to the
expiration of the 120-day period beginning on the date on which the
State educational agency received the application, that the application
is not in compliance with section 2102(b), 4106, or 4204(b), or part C,
respectively.
``(b) Disapproval Process.--
``(1) In general.--The State educational agency shall not
finally disapprove an application submitted under section
2102(b), 4106, 4204(b) or 8305 except after giving the local
educational agency notice and opportunity for a hearing.
``(2) Notifications.--If the State educational agency finds
that the application submitted under section 2102(b), 4106,
4204(b) or 8305 is not in compliance, in whole or in part, with
section 2102(b), 4106, or 4204(b), 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;
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``(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.--If the local educational agency responds to
the State educational agency's notification described in
paragraph (2)(A) prior to the expiration of the 45-day period
beginning on the date on which the local educational agency
received the notification, and resubmits the application as
described in paragraph (2)(C), the State educational agency
shall approve such application unless the State educational
agency determines the application does not meet the requirements
of this part.
``(4) Failure to respond.--If the local educational agency
does not respond to the State educational agency's notification
described in paragraph (2)(A) prior to the expiration of the 45-
day period beginning on the date on which the local educational
agency received the notification, such application shall be
deemed to be disapproved.''.
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