Page:United States Statutes at Large Volume 115 Part 2.djvu/901

 PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1885 "(1) with local educational agencies that submit approvable proposed agreements under subsection (c) and that are selected under subsection (b); and "(2) under which those agencies may consolidate and use funds in accordance with section 6152. "(b) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— "(1) IN GENERAL.— Subject to paragraph (2), the Secretary shall enter into local flexibility demonstration agreements under this chapter with not more than 80 local educational agencies. Each local educational agency shall be selected on a competitive basis from among those local educational agencies that— "(A) submit a proposed local flexibility demonstration agreement under subsection (c) to the Secretary and demonstrate, to the satisfaction of the Secretary, that the agreement— "(i) has a substantial promise of assisting the local educational agency in meeting the State's definition of adequate yearly progress, advancing the education priorities of the local educational agency, meeting the general purposes of the programs included under this chapter and the purposes of this part, improving student achievement, and narrowing achievement gaps in accordance with section 1111(b); "(ii) meets the requirements of this chapter; and "(iii) contains a plan to consolidate and use funds in accordance with section 6152 in order to meet the State's definition of adequate yearly progress and the local educational agency's specific, measurable goals for improving student achievement and narrowing achievement gaps; and "(B) have consulted and involved parents gmd other educators in the development of the proposed local flexibility demonstration agreement. " (2) GEOGRAPHIC DISTRIBUTION. — "(A) INITIAL AGREEMENTS.—The Secretary may enter into not more than three local flexibility demonstration agreements under this chapter with local educational agencies in each State that does not have a grant of flexibility authority under chapter A. "(B) URBAN AND RURAL AREAS. —If more than three local educational agencies in a State submit approvable local flexibility demonstration agreements under this chapter, the Secretary shall select local educational agencies with which to enter into such agreements in a manner that ensures an equitable distribution among such agencies serving urban and rural areas. " (C) PRIORITY OF STATES TO ENTER INTO STATE FLEXI- BILITY DEMONSTRATION AGREEMENTS.— Notwithstanding any other provision of this part, a local educational agency may not seek to enter into a local flexibility demonstration agreement under this chapter if that agency is located in a State for which the State educational agency— "(i) has, not later than 4 months after the date of enactment of the No Child Left Behind Act of 2001, notified the Secretary of its intent to apply for a grant of flexibility authority under chapter A and, within

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