Page:United States Statutes at Large Volume 115 Part 2.djvu/785

 PUBLIC LAW 107-llO^JAN. 8, 2002 115 STAT. 1769 "(A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities; and "(B) public dissemination of the evaluations of programs and activities carried out under this part; and "(14) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. "(b) DEEMED APPROVAL.— An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. "(c) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and opportunity for a hearing. "(d) NOTIFICATION.— If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— "(1) give the State educational agency notice and an opportunity for a hearing; and "(2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall— "(A) cite the specific provisions in the application that are not in compliance; and "(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. "(e) RESPONSE. —I f the State educational agency responds to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— "(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or "(2) the expiration of the 120-day period described in subsection (b). "(f) FAILURE TO RESPOND. —I f the State educational agency does not respond to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. "SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM. 20 USC 7174. "(a) IN GENERAL.—^A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)( 1) to eligible entities for community learning centers in accordance with this part. " (b) APPLICATION.— "(1) IN GENERAL. —To be eligible to receive an award under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require.

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