Page:United States Statutes at Large Volume 115 Part 2.djvu/758

 115 STAT. 1742 PUBLIC LAW 107-110—JAN. 8, 2002 "(B) the expiration of the 120-day period described in paragraph (1). "(5) FAILURE TO RESPOND.— If the State educational agency and the chief executive officer of the State do not respond to the Secretary's notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. 20 USC 7114. " SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM. " (a) IN GENERAL. — "(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES.— A State shall provide the amount made available to the State under this subpart, less the amounts reserved under section 4112 to local educational agencies for drug and violence prevention and education programs and activities as follows: "(A) 60 percent of such amount based on the relative amount such agencies received under part A of title I for the preceding fiscal year. "(B) 40 percent of such amount based on the relative enrollments in public and private nonprofit elementary schools and secondary schools within the boundaries of such agencies. "(2) ADMINISTRATIVE COSTS. —Of the amount received under paragraph (1), a local educational agency may use not more than 2 percent for the administrative costs of carrying out its responsibilities under this subpart. "(3) RETURN OF FUNDS TO STATE; REALLOCATION. — " (A) RETURN.—Except as provided in subparagraph (B), upon the expiration of the 1-year period beginning on the date on which a local educational agency receives its allocation under this subpart— "(i) such agency shall return to the State educational agency any funds from such allocation that remain unobligated; and "(ii) the State educational agency shall reallocate any such amount to local educational agencies that have submitted plans for using such amount for programs or activities on a timely basis. "(B) CARRYOVER. — In any fiscal year, a local educational agency, may retain for obligation in the succeeding fiscal year— "(i) an amount equal to not more than 25 percent of the allocation it received under this subpart for such fiscal year; or "(ii) upon a demonstration of good cause by such agency and approval by the State educational agency, an amount that exceeds 25 percent of such allocation. "(C) REALLOCATION. —I f a local educational agency chooses not to apply to receive the amount allocated to such agency under this subsection, or if such agency's application under subsection (d) is disapproved by the State educational agency, the State educational agency shall reallocate such amount to one or more of its other local educational agencies. "(b) ELIGIBILITY.—To be eligible to receive a subgrant under this subpart, a local educational agency desiring a subgrant shall

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