20 U.S.C. § 7871 — Approval and disapproval of State plans
submitted 11 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 520 words · no verdicts yet
The Secretary must approve a State's education plan within 120 days, unless it falls short. If it does, the State gets written reasons and 45 days to fix it. States are judged only on meeting requirements, not on which activities they pick.
(a) Approval. A plan a State submits under section 6611(d), 7113(c), 7173, or 7842 of this title must be approved by the Secretary — unless, before the 120-day period after the Secretary received the plan runs out, the Secretary makes a written determination (with supporting information and reasons) that the plan does not comply with section 6611(d), 7113(c), or 7173, or with part C, whichever applies.
(b) Disapproval process.
(1) In general. The Secretary cannot finally disapprove a plan without first giving the State notice and a chance for a hearing.
(2) Notifications. If the Secretary finds the plan doesn't fully comply, the Secretary must: (A) immediately tell the State; (B) give a detailed description of exactly which parts of the plan fall short and how; (C) let the State revise and resubmit the plan within 45 days, including a chance to show evidence that the plan actually does meet the requirements; (D) give the State technical help if it asks; (E) hold a hearing within 30 days after the State resubmits, unless the State doesn't want one; and (F) only ask for more information about the specific parts that don't comply.
(3) Response. If the State responds within that 45-day window and resubmits its plan, the Secretary must approve it unless the Secretary determines it still doesn't meet the requirements.
(4) Failure to respond. If the State doesn't respond within 45 days, the plan is automatically treated as disapproved.
(c) Limitation. The Secretary cannot approve or disapprove a plan based on which activities the State chose to propose, as long as those activities meet the program's requirements.
(d) Peer-review requirements. Despite any other rule in this part, the Secretary must make sure that any part of a consolidated State plan dealing with part A of subchapter I goes through the peer-review process described in section 6311(a)(4) of this title.
A plan submitted by a State pursuant to section 6611(d), 7113(c), 7173, or 7842 of this title shall be approved by the Secretary unless the Secretary makes a written determination (which shall include the supporting information and rationale supporting such determination), prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 6611(d), 7113(c), or 7173 of this title, or part C, respectively.
The Secretary shall not finally disapprove a plan submitted under section 6611(d), 7113(c), 7173, or 7842 of this title, except after giving the State educational agency notice and an opportunity for a hearing.
If the Secretary finds that the plan is not in compliance, in whole or in part, with section 6611(d), 7113(c), or 7173 of this title, or part C, as applicable, the Secretary shall—
immediately notify the State of such determination;
provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;
offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable;
provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable;
conduct a hearing within 30 days of the plan’s resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and
request additional information, only as to the noncompliant provisions, needed to make the plan compliant.
If the State educational agency responds to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan as described in paragraph (2)(C), the Secretary shall approve such plan unless the Secretary determines the plan does not meet the requirements of section 6611(d), 7113(c), or 7173 of this title, or part C, as applicable.
If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved.
A plan submitted under section 6611(d), 7113(c), 7173, or 7842 of this title shall not be approved or disapproved based upon the nature of the activities proposed within such plan if such proposed activities meet the applicable program requirements.
Notwithstanding any other requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of subchapter I is subject to the peer-review process described in section 6311(a)(4) of this title.
Source credit: (Pub. L. 89–10, title VIII, § 8451, as added Pub. L. 114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat. 2107.)
- 2015Enacted · Pub. L. 89-10 · 129 Stat. 2107
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2015-12-10.
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