Page:United States Statutes at Large Volume 108 Part 5.djvu/234

 108 STAT. 3724 PUBLIC LAW 103-382—OCT. 20, 1994 "(1) DEADLINE.— The State educational agency, not later than 45 days after receipt of an application under this section, shall review the application and transmit such application to the Secretary. "(2) COMMENTS. — (A) Regarding any application submitted under this title, the State educational agency shall— "(i) submit to the Secretary written comments regarding all such applications; and "(ii) submit to each eligible entity the comments that pertain to such entity. (B) For purposes of this subpart, such comments shall address how the eligible entity— "(i) will further the academic achievement of limited English proficient students served pursuant to a grant received under this subpart; and "(ii) how the grant application is consistent with the State plan submitted under section 1111. "(c) ELIGIBLE ENTITY COMMENTS. —An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency. "(d) COMMENT CONSIDERATION.— In making grants under this subpart the Secretary shall take into consideration comments made by a State educational agency. "(e) WAIVER.— Notwithstanding subsection (b), the Secretary is authorized to waive the review requirement of subsection (b) if a State educational agency can demonstrate that such review requirement may impede such agency's ability to fulfill the requirements of participation in the State grant program, particularly such agency's data collection efforts and such agency's ability to provide technical assistance to local educational agencies not receiving funds under this Act. "(f) REQUIRED DOCUMENTATION.—Such application shall include documentation that the applicant has the qualified personnel required to develop, administer, and implement the proposed program. " (g) CONTENTS.— "(1) IN GENERAL.— An application for a grant under this subpart shall contain the following: "(A) A description of the need for the proposed program, including data on the number of children and youth of limited-English proficiency in the school or school district to be served and the characteristics of such children and youth, such as language spoken, dropout rates, proficiency in English and the native language, academic standing in relation to the English-proficient peers of such children and youth, and, where applicable, the recency of immigration. "(B) A description of the program to be implemented and how such program's design— "(i) relates to the linguistic and academic needs of the children and youth of limited-English proficiency to be served; "(ii) is coordinated with other programs under this Act, the Goals 2000: Educate America Act and other Acts, as appropriate, in accordance with section 14306; "(iii) involves the parents of the children and youth of limited-English proficiency to be served;

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