Page:United States Statutes at Large Volume 108 Part 5.djvu/245

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3735 Secretary deems reasonable and necessary and may waive the requirement of paragraph (1) in extraordinary circumstances. "(c) PRIORITY.—In awarding fellowships under this section the Secretary may give priority to institutions of higher education that demonstrate experience in assisting fellowship recipients find employment in the field of bilingual education. "SEC. 7146. APPLICATION. 20 USC 7476. "(a) IN GENERAL.— "(1) SECRETARY.—To receive an award under this subpart, an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. "(2) CONSULTATION AND ASSESSMENT.— Each such application shall contain a description of how the applicant has consulted with, and assessed the needs of, public and private schools serving children and youth of limited-English proficiency to determine such school's need for, and the design of, the program for which funds are sought. "(3) SPECIAL RULE. — (A) An application for a grant under subsection (a) from an applicant who proposes to conduct a master's- or doctoral-level program with funds received under this section shall provide an assurance that such program will include, as a part of the program, a training practicum in a local school program serving children and youth of limited- English proficiency. "(B) A recipient of a grant under subsection (a) may waive the requirement of a training practicum for a degree candidate with significant experience in a local school program serving children and youth of limited-English proficiency. "(4) STATE EDUCATIONAL AGENCY.—An eligible entity, with the exception of schools funded by the Bureau of Indian Affairs, shall submit a copy of the application under this subsection to the State educational agency. "(b) STATE REVIEW AND COMMENTS.— "(1) DEADLINE.— The State educational agency, not later than 45 days after receipt of such application copy, shall review the application and transmit such application to the Secretary. "(2) COMMENTS. — (A) Regarding any application submitted under this subpart, 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, 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. "(3) WAIVER.— Notwithstanding paragraphs (1) and (2), the Secretary is authorized to waive the review requirement 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 agen-

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