Page:United States Statutes at Large Volume 115 Part 2.djvu/729

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1713 "(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 State educational agencies. "(e) WAIVER. —Notwithstanding subsection (b), the Secretary is authorized to waive the review requirement specified in 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 program authorized in section 3224, particularly such agency's ability to carry out data collection efforts and such agency's ability to provide technical assistance to local educational agencies not receiving funds under this subpart. "(f) REQUIRED DOCUMENTATION. —Such application shall include documentation that— "(1) the applicant has the qualified personnel required to develop, administer, and implement the program proposed in the application; and "(2) the leadership personnel of each school participating in the program have been involved in the development and planning of the program in the school. " (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— "(i) data on the number of limited English proficient children in the school or school district to be served; "(ii) information on the characteristics of the children, including— "(I) the native languages of the children; "(II) the proficiency of the children in English and their native language; "(III) achievement data (current as of the date of submission of the application) for the limited English proficient children in— "(aa) reading or language arts (in English and in the native language, if applicable); and "(bb) mathematics; "(IV) a comparison of that data for the children with that data for the English proficient peers of the children; and "(V) the previous schooling experiences of the children; "(iii) the professional development needs of the instruction personnel who will provide services for the limited English proficient children under the proposed program; and "(iv) how the services provided through the grant will supplement the basic services provided to limited English proficient children. "(B) A description of the program to be implemented and how such program's design—

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