Page:United States Statutes at Large Volume 118.djvu/2764

 118 STAT. 2734 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(B) NOTICE AND OPPORTUNITY FOR A HEARING.—For determinations made under clause (iii) or (iv) of subpara graph (A), the Secretary shall provide reasonable notice and an opportunity for a hearing on such determination. ‘‘(e) ENFORCEMENT.— ‘‘(1) NEEDS ASSISTANCE.—If the Secretary determines, for 2 consecutive years, that a State needs assistance under sub section (d)(2)(A)(ii) in implementing the requirements of this part, the Secretary shall take 1 or more of the following actions: ‘‘(A) Advise the State of available sources of technical assistance that may help the State address the areas in which the State needs assistance, which may include assist ance from the Office of Special Education Programs, other offices of the Department of Education, other Federal agen cies, technical assistance providers approved by the Sec retary, and other federally funded nonprofit agencies, and require the State to work with appropriate entities. Such technical assistance may include— ‘‘(i) the provision of advice by experts to address the areas in which the State needs assistance, including explicit plans for addressing the area for concern within a specified period of time; ‘‘(ii) assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research; ‘‘(iii) designating and using distinguished super intendents, principals, special education administra tors, special education teachers, and other teachers to provide advice, technical assistance, and support; and ‘‘(iv) devising additional approaches to providing technical assistance, such as collaborating with institu tions of higher education, educational service agencies, national centers of technical assistance supported under part D, and private providers of scientifically based technical assistance. ‘‘(B) Direct the use of State level funds under section 611(e) on the area or areas in which the State needs assistance. ‘‘(C) Identify the State as a high risk grantee and impose special conditions on the State’s grant under this part. ‘‘(2) NEEDS INTERVENTION.—If the Secretary determines, for 3 or more consecutive years, that a State needs intervention under subsection (d)(2)(A)(iii) in implementing the requirements of this part, the following shall apply: ‘‘(A) The Secretary may take any of the actions described in paragraph (1). ‘‘(B) The Secretary shall take 1 or more of the following actions: ‘‘(i) Require the State to prepare a corrective action plan or improvement plan if the Secretary determines that the State should be able to correct the problem within 1 year. ‘‘(ii) Require the State to enter into a compliance agreement under section 457 of the General Education

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