Page:United States Statutes at Large Volume 90 Part 2.djvu/715

 PUBLIC LAW 94-4«2—OCT. 12, 1976

90 STAT. 2183

funds set out in sections 120, 130, 140, and 150, and including a description of the distribution of these funds among local educational agencies and other eligible recipients in conformity with the requirements contained in section 106(a)(5), and give the results achieved with these funds; and "(C) contain a summary of the evaluations of programs required to be conducted by section 112 and a description of how the information from these evaluations has been, or is being, used by the State board to improve its programs. u SUBMISSION OF P L A N S: WITHHOLDING AND JUDICIAL

REVIEW

"SEC. 109. (a)(1) The Commissioner shall not approve a five-year 20 USC 2309. State plan submitted under section 107 until he has made specific findings, in writing, as to the compliance of such plan with the provisions of this Act and he is satisfied that adequate procedures are set forth to insure that the assurances of the general application submitted under section 106 and the provisions of the State plan will be carried out. "(2) The Commissioner shall not approve an annual program plan and accountability report submitted under section 108 until he has made specific findings, in writing, as to the compliance of such plan and report with the provisions of this Act, he is satisfied that adequate procedures are set forth to insure that the assurances of the general application submitted under section 107 are being carried out, and he is satisfied that the annual plan and report shows progress in achieving the goals set forth in the five-year State plan. " (3)(A) In carrying out the provisions of this subsection, the Commissioner shall provide for appropriate review of each State's fiveyear plan and annual program plan and report by the various agencies administering programs within the Office of Education related to the vocational education programs being proposed under the State plan or the program plan and report. "(B) In carrying out the provisions of this subsection, the Commissioner shall not approve a State plan or annual program plan and report until he has received assurances that the personnel assigned to review programs within the State to assure equal access by both men and women under the provisions of section 104(b) have been afforded the opportunity to review the plan or program plan and report. "(C) In carrying out the provisions of this subsection, the Commissioner shall not approve a State plan or annual program plan and report unless the State has complied in compiling this plan or program plan and report with the nationally uniform definitions and information elements which have been developed pursuant to section 161. "(b)(1) The Commissioner shall not finally disapprove any State plan or program plan and report submitted under this Act, or any modification thereof, without first affording the State board submitting the plan or program plan and report reasonable notice and opportunity for a hearing. "(2) The Commissioner shall not disapprove any plan or program plan and report submitted under this Act solely on the basis of the distribution of State and local expenditures for vocational education. "(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board, finds that— "(1) the State plan or program plan and report has been so changed that it no longer complies with the provisions of this Act,

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