Page:United States Statutes at Large Volume 115 Part 2.djvu/903

 PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1887 agency will, for the duration of the grant of authority, use funds consolidated under section 6152 only to supplement the amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted with the consolidated funds, and not to supplant those funds. "(10) ANNUAL REPORTS.— The local flexibility demonstration agreement shall contain an assurance that the local educational agency shall, not later than 1 year after the date on which the Secretary enters into the agreement, and annually thereafter during the term of the agreement, disseminate widely to parents and the general public, transmit to the Secretary, and the State educational agency for the State in which the local educational agency is located, distribute to print and broadcast media, and post on the Internet, a report that includes a detailed description of how the local educational agency used the funds consolidated under the agreement to improve student academic achievement and reduce achievement gaps. "(d) PEER REVIEW.— The Secretary shall— "(1) establish a peer review process to assist in the review of proposed local flexibility demonstration agreements under this chapter; and "(2) appoint individuals to the peer review process who are representative of parents, teachers. State educational agencies, and local educational agencies, and who are familiar with educational standards, assessments, accountability, curriculum, instruction and staff development, and other diverse educational needs of students. "(e) AMENDMENT TO PERFORMANCE AGREEMENT.— "(1) IN GENERAL.—In each of the following circumstances, the Secretary shall amend a local flexibility demonstration agreement entered into with a local educational agency under this chapter: "(A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEM- ONSTRATION AGREEMENT. —Not later than 1 year after entering into a local flexibility demonstration agreement, the local educational agency seeks to amend the agreement to remove from the scope any program described in section 6152. "(B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY DEM- ONSTRATION AGREEMENT. —Not later than 1 year after entering into the local flexibility demonstration agreement, a local educational agency seeks to amend the agreement to include in its scope any additional program described in section 6251 or any additional achievement indicators for which the local educational agency will be held accountable. "(2) APPROVAL AND DISAPPROVAL. — "(A) DEEMED APPROVAL.—^A proposed amendment to a local flexibility demonstration agreement pursuant to paragraph (1) 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 proposed amendment, that the proposed amendment is not in compliance with this chapter. Deadline. Deadline.

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