Page:United States Statutes at Large Volume 115 Part 2.djvu/900

 115 STAT. 1884 PUBLIC LAW 107-110-^AN. 8, 2002 after providing notice and an opportunity for a hearing, terminate the grant of authority promptly. "(2) NONCOMPLIANCE.— The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is evidence that the State educational agency involved has failed to comply with the terms of the grant of authority. "(3) EVIDENCE.—I f a State educational agency believes that a determination of the Secretary under this subsection is in error for statistical or other substantive reasons, the State educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final termination determination under this subsection. " (b) FINAL REVIEW. — "(1) IN GENERAL. —If, at the end of the 5-year term of a grant of flexibility authority made under this chapter, the State educational agency has not met the requirements described in section 6141(c), the Secretary may not renew the grant of flexibility authority under section 6144. "(2) COMPLIANCE.—Beginning on the date on which such term ends, the State educational agency, and the local educational agencies with which the State educational agency has entered into performance agreements, shall be required to comply with each of the program requirements in effect on such date for each program that was included in the grant of authority. 20 USC 7315c. "SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY. "(a) IN GENERAL. —Except as provided in section 6143 and in accordance with this section, if a State educational agency has met, by the end of the original 5-year term of a grant of flexibility authority under this chapter, the requirements described in section 6141(c), the Secretary shall renew a grant of flexibility authority for one additional 5-year term. "(b) RENEWAL. — The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months before the end of the original term of the grant of authority, the State educational agency seeking the renewal notifies the Secretary, and the local educational agencies with which the State educational agency has entered into performance agreements, of the agency's intention to renew the grant of authority. "(c) EFFECTIVE DATE.— ^A renewal under this section shall be effective on the later of— "(1) the expiration of the original term of the grant of authority; or "(2) the date on which the State educational agency seeking the renewal provides to the Secretary all data required for the application described in section 6141(c). "CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION 20 USC 7321. "SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS. "(a) AUTHORITY.— Except as otherwise provided in this chapter, the Secretary shall, on a competitive basis, enter into local flexibility demonstration agreements—

�