Page:United States Statutes at Large Volume 120.djvu/752

 PUBLIC LAW 109–270—AUG. 12, 2006

120 STAT. 721

‘‘(18) describes how funds will be used to promote preparation for high skill, high wage, or high demand occupations and non-traditional fields; ‘‘(19) describes how funds will be used to serve individuals in State correctional institutions; and ‘‘(20) contains the description and information specified in sections 112(b)(8) and 121(c) of Public Law 105–220 concerning the provision of services only for postsecondary students and school dropouts. ‘‘(d) PLAN OPTIONS.— ‘‘(1) SINGLE PLAN.—An eligible agency not choosing to consolidate funds under section 202 shall fulfill the plan or application submission requirements of this section, and section 201(c), by submitting a single State plan. In such plan, the eligible agency may allow recipients to fulfill the plan or application submission requirements of section 134 and subsections (a) and (b) of section 204 by submitting a single local plan. ‘‘(2) PLAN SUBMITTED AS PART OF 501 PLAN.—The eligible agency may submit the plan required under this section as part of the plan submitted under section 501 of Public Law 105–220, if the plan submitted pursuant to the requirement of this section meets the requirements of this Act. ‘‘(e) PLAN APPROVAL.— ‘‘(1) IN GENERAL.—The Secretary shall approve a State plan, or a revision to an approved State plan, unless the Secretary determines that— ‘‘(A) the State plan, or revision, respectively, does not meet the requirements of this Act; or ‘‘(B) the State’s levels of performance on the core indicators of performance consistent with section 113 are not sufficiently rigorous to meet the purpose of this Act. ‘‘(2) DISAPPROVAL.—The Secretary shall not finally disapprove a State plan, except after giving the eligible agency notice and an opportunity for a hearing. ‘‘(3) CONSULTATION.—The eligible agency shall develop the portion of each State plan relating to the amount and uses of any funds proposed to be reserved for adult career and technical education, postsecondary career and technical education, tech prep education, and secondary career and technical education after consultation with the State agency responsible for supervision of community colleges, technical institutes, or other 2-year postsecondary institutions primarily engaged in providing postsecondary career and technical education, and the State agency responsible for secondary education. If a State agency finds that a portion of the final State plan is objectionable, the State agency shall file such objections with the eligible agency. The eligible agency shall respond to any objections of the State agency in the State plan submitted to the Secretary. ‘‘(4) TIMEFRAME.—A State plan shall be deemed approved by the Secretary if the Secretary has not responded to the eligible agency regarding the State plan within 90 days of the date the Secretary receives the State plan. ‘‘SEC. 123. IMPROVEMENT PLANS.

20 USC 2343.

‘‘(a) STATE PROGRAM IMPROVEMENT.—

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