Page:United States Statutes at Large Volume 108 Part 1.djvu/193

 PUBLIC LAW 103-227—MAR. 31, 1994 108 STAT. 167 plan, as appropriate, in accordance with the process described in subsection (b). (2) REVIEW.— The Secretary shall review any major amendment to a State improvement plan and shall not disapprove any such amendment before offering a State educational agency— (A) an opportunity to revise such amendment; and (B) a hearing. (q) PREEXISTING STATE PLANS AND PANELS.— (1) IN GENERAL.—I f a State has developed a comprehensive and systemic State improvement plan to help all students meet State standards or any component of such plan, that meets the intent and purposes of this section, then the Secretary may approve such plan or component notwithstanding that such plan was not developed in accordance with subsection (b) if the Secretary determines that such approval would further the purposes of State systemic education improvement. (2) SPECIAL RULE. — (A) If, before the date of enactment of this Act, a State has made substantial progress in developing a plan that meets the intent and purposes of this section, but was developed by a panel that does not meet the requirements of paragraphs (1) through (3) of subsection (b), the Secretary may, at the request of the Governor and the State educational agency, treat such panel as meeting the requirements of this title if the Secretary determines that there has been statewide involvement of educators, parents, students, advocacy groups, and other interested members of the public in the development of the plan. SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS. 20 USC 5887. (a) FIRST YEAR.—The Secretary shall approve the State educational agency's first year application under section 305(b) if the Secretary determines that— (1) such application meets the requirements of this title; and (2) there is a substantial likelihood that the second year application of the State educational agency under section 305(c) will provide for the development and implementation of a State improvement plan that complies with section 306. (b) SECOND THROUGH FIFTH YEARS. — The Secretary shall approve the State educational agency's second year application under section 305(c)(1) for the second through fifth years of participation only if— (1)(A) the Secretary has approved the State improvement plan under section 306(n); or (B) the Secretary determines that the State has made substantial progress in developing its State improvement plan and will implement such plan not later than the end of the second year of participation; and (2) the application meets the other requirements of this title. (c) PAYMENTS.— For any fiscal year for which a State has an approved application under this title, the Secretary shall provide an allotment to the State educational agency in the amount determined under section 304(b). 79-194 O—95—7:QL3Part 1

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