Page:United States Statutes at Large Volume 112 Part 5.djvu/348

 112 STAT. 3106 PUBLIC LAW 105-332—OCT. 31, 1998 "(4) TIMEFRAME. —^A State plan shall be deemed approved by the Secretary if the Secretary has not responded to the eligible agency regarding the State plan within 90 days of the date the Secretary receives the State plan. "(f) TRANSITION. — This section shall be subject to section 4 for fiscal year 1999 only, with respect to activities under this section. 20 USC 2343. " SEC. 123. IMPROVEMENT PLANS. "(a) STATE PROGRAM IMPROVEMENT PLAN.— I f a State fails to meet the State adjusted levels of performance described in the report submitted under section 113(c), the eligible agency shall develop and implement a program improvement plan in consultation with appropriate agencies, individuals, and organizations for the first program year succeeding the program year in which the eligible agency failed to meet the State adjusted levels of performance, in order to avoid a sanction under subsection (d). " (b) LOCAL EVALUATION.—Each eligible agency shall evaluate annually, using the State adjusted levels of performance, the vocational and technical education activities of each eligible recipient receiving funds under this title. " (c) LOCAL IMPROVEMENT PLAN. — "(1) IN GENERAL. —If, after reviewing the evaluation, the eligible agency determines that an eligible recipient is not making substantial progress in achieving the State adjusted levels of performance, the eligible agency shall— "(A) conduct an assessment of the educational needs that the eligible recipient shall address to overcome local performance deficiencies; "(B) enter into an improvement plan based on the results of the assessment, which plan shall include instructional and other programmatic innovations of demonstrated effectiveness, and where necessary, strategies for appropriate staffing and staff development; and "(C) conduct regular evaluations of the progress being made toward reaching the State adjusted levels of performance. "(2) CONSULTATION.—The eligible agency shall conduct the activities described in paragraph (1) in consultation with teachers, parents, other school staff, appropriate agencies, and other <) appropriate individuals and organizations. " (d) SANCTIONS.— "(1) TECHNICAL ASSISTANCE. —I f the Secretary determines that an eligible agency is not properly implementing the eligible agency's responsibilities under section 122, or is not making substantial progress in meeting the purpose of this Act, based on the State adjusted levels of performance, the Secretary shall work with the eligible agency to implement improvement activities consistent with the requirements of this Act. "(2) FAILURE.—I f an eligible agency fails to meet the State adjusted levels of performance, has not implemented an improvement plan as described in paragraph (1), has shown no improvement within 1 year after implementing an improvement plan as described in paragraph (1), or has failed to meet the State adjusted levels of performance for 2 or more consecutive years, the Secretary may, after notice and opportunity for a hearing, withhold from the eligible agency all, or a portion

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