20 U.S.C. § 7173 (EDUCATION)
§ 7173. State application
(a) In general
In order to receive an allotment under section 7172 of this title for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that—
(1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part;
(2) describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities;
(3) contains an assurance that the State educational agency will make awards under this part only to eligible entities that propose to serve—
(A) students who primarily attend—
(i) schools eligible for schoolwide programs under section 6314 of this title; or
(ii) schools that serve a high percentage of students from low-income families; and
(B) the families of students described in subparagraph (A);
(4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet local content and student academic achievement standards;
(5) describes how the State educational agency will ensure that awards made under this part are—
(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and
(B) in amounts that are consistent with section 7174(h) of this title;
(6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, and dissemination of promising practices;
(7) describes how programs under this part will be coordinated with programs under this chapter, and other programs as appropriate;
(8) contains an assurance that the State educational agency—
(A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and
(B) will require each eligible entity seeking such an award to submit a plan describing how the community learning center to be funded through the award will continue after funding under this part ends;
(9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs;
(10) contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 7174(b) of this title how the transportation needs of participating students will be addressed;
(11) provides an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before and after school (or summer school) programs, the heads of the State health and mental health agencies or their designees, and representatives of teachers, parents, students, the business community, and community-based organizations;
(12) describes the results of the State’s needs and resources assessment for before and after school activities, which shall be based on the results of on-going State evaluation activities;
(13) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum—
(A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities; and
(B) public dissemination of the evaluations of programs and activities carried out under this part; and
(14) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission.
(b) Deemed approval
An application submitted by a State educational agency pursuant to subsection (a) of this section shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part.
(c) Disapproval
The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and opportunity for a hearing.
(d) Notification
If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall—
(1) give the State educational agency notice and an opportunity for a hearing; and
(2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall—
(A) cite the specific provisions in the application that are not in compliance; and
(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.
(e) Response
If the State educational agency responds to the Secretary’s notification described in subsection (d)(2) of this section during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B) of this section, the Secretary shall approve or disapprove such application prior to the later of—
(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or
(2) the expiration of the 120-day period described in subsection (b) of this section.
(f) Failure to respond
If the State educational agency does not respond to the Secretary’s notification described in subsection (d)(2) of this section during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved.
(Pub. L. 89–10, title IV, § 4203, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1767.)