20 U.S.C. § 7872 — Approval and disapproval of local educational agency applications
submitted 11 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 464 words · no verdicts yet
A state must approve a district's application within 120 days, unless it falls short. If it does, the district gets written reasons and 45 days to fix it. Not responding in time counts as automatic denial.
(a) Approval. An application a local educational agency (school district) submits under section 6612(b), 7116, 7174(b), or 7845 of this title must be approved by the State educational agency — unless, before the 120-day period after the State received the application runs out, the State makes a written determination (with supporting information and reasons) that the application does not comply with section 6612(b), 7116, or 7174(b), or with part C, whichever applies.
(b) Disapproval process.
(1) In general. The State cannot finally disapprove an application without first giving the district notice and a chance for a hearing.
(2) Notifications. If the State finds the application doesn't fully comply, the State must: (A) immediately tell the district; (B) give a detailed description of exactly which parts fall short; (C) let the district revise and resubmit within 45 days, including a chance to present supporting evidence; (D) give the district technical help if it asks; (E) hold a hearing within 30 days after the district resubmits, unless the district doesn't want one; and (F) only ask for more information about the noncompliant parts.
(3) Response. If the district responds within that 45-day window and resubmits, the State must approve the application unless the State determines it still doesn't meet the requirements of this part.
(4) Failure to respond. If the district doesn't respond within 45 days, the application is automatically treated as disapproved.
An application submitted by a local educational agency pursuant to section 6612(b), 7116, 7174(b) or 7845 of this title, shall be approved by the State educational agency unless the State educational agency makes a written determination (which shall include the supporting information and rationale for such determination), prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 6612(b), 7116, or 7174(b) of this title, or part C, respectively.
The State educational agency shall not finally disapprove an application submitted under section 6612(b), 7116, 7174(b) or 7845 of this title except after giving the local educational agency notice and opportunity for a hearing.
If the State educational agency finds that the application submitted under section 6612(b), 7116, 7174(b) or 7845 of this title is not in compliance, in whole or in part, with section 6612(b), 7116, or 7174(b) of this title, or part C, respectively, the State educational agency shall—
immediately notify the local educational agency of such determination;
provide a detailed description of the specific provisions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;
offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local educational agency to present supporting information to clearly demonstrate that the application meets the requirements of such section or part;
provide technical assistance, upon request of the local educational agency, in order to assist the local educational agency to meet the requirements of such section or part, as applicable;
conduct a hearing within 30 days of the application’s resubmission under subparagraph (C), unless a local educational agency declines the opportunity for such a hearing; and
request additional information, only as to the noncompliant provisions, needed to make the application compliant.
If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application as described in paragraph (2)(C), the State educational agency shall approve such application unless the State educational agency determines the application does not meet the requirements of this part.
If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved.
Source credit: (Pub. L. 89–10, title VIII, § 8452, as added Pub. L. 114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat. 2108.)
- 2015Enacted · Pub. L. 89-10 · 129 Stat. 2108
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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