§7871 — Title 20 Education | U.S. Code

Summary

States must have their plans approved by the Secretary unless the Secretary writes that the plan is not in compliance within 120 days of getting it. The Secretary cannot finally reject a plan without giving the State notice and a chance for a hearing. If the Secretary finds a plan is not compliant, the Secretary must immediately tell the State, say exactly which parts fail, and give the State 45 days to fix and resubmit the plan and to show proof it meets the rules. The Secretary must offer technical help if asked, may ask for more information only about the failing parts, and must hold a hearing within 30 days after the State resubmits (unless the State says no). If the State resubmits within 45 days, the Secretary must approve it unless it still fails. If the State does not respond in 45 days, the plan is treated as disapproved. Approval or disapproval cannot be based on the kind of activities if they meet the program rules. Any part related to part A of subchapter I must go through the peer-review process in section 6311(a)(4).

Title 20, §7871

Education — Source: USLM XML via OLRC

(a)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.

(b)(1)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.

(2)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—

(A)immediately notify the State of such determination;

(B)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;

(C)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;

(D)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;

(E)conduct a hearing within 30 days of the plan’s resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and

(F)request additional information, only as to the noncompliant provisions, needed to make the plan compliant.

(3)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.

(4)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.

(c)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.

(d)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7871, Pub. L. 89–10, title IX, § 9151, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3792, established the National Advisory Council on Indian Education, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an

Effective Date

of 2015 Amendment note under section 6301 of this title.

§7871 Approval and disapproval of State plans

Summary

Title 20, §7871

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata