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 121 STAT. 646

program or instructional materials by a State, local educational agency, or school. (2) RULE OF CONSTRUCTION.—Nothing in this subtitle shall be construed to authorize or permit the Department of Education, or a Department of Education contractor, to mandate, direct, control, or suggest the selection of a mathematics curriculum, supplemental instructional materials, or program of instruction by a State, local educational agency, or school. (h) MATCHING REQUIREMENTS.— (1) STATE EDUCATIONAL AGENCY.—A State educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant, of which not more than 20 percent of such 50 percent may be provided by local educational agencies within the State. (2) WAIVER.—The Secretary may waive all of or a portion of the matching requirement described in paragraph (1) for any fiscal year, if the Secretary determines that— (A) the application of the matching requirement will result in serious hardship for the State educational agency; or (B) providing a waiver best serves the purpose of the program assisted under this section. (i) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— (1) INFORMATION.—Each State educational agency receiving a grant under this section shall collect and report to the Secretary annually such information on the results of the grant as the Secretary may reasonably require, including information on— (A) mathematics achievement data that show the progress of students participating in projects under this section (including, to the extent practicable, comparable data from students not participating in such projects), based primarily on the results of State, school district wide, or classroom-based, assessments, including— (i) specific identification of those schools and eligible local educational agencies that report the largest gains in mathematics achievement; and (ii) evidence on whether the State educational agency and eligible local educational agencies within the State have— (I) significantly increased the number of students achieving at grade level or above in mathematics; (II) significantly increased the percentages of students described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) who are achieving at grade level or above in mathematics; (III) significantly increased the number of students making significant progress toward meeting grade-level mathematics achievement standards; and (IV) successfully implemented this section; (B) the percentage of students in the schools served by the eligible local educational agency who enroll in

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