20-U.S.C.-7315B
§7315B – Performance Review and Penalties
Pathway
Title 20 > Chapter 70 > Subchapter VI > Part A > Subpart 3 > Division A > Section 7315b
Details
- Reference: Section 7315b
- Legend: §7315B – Performance Review and Penalties
- USCode Year: 2013
Provision Content
(a) Midterm review
(1) Failure to make adequate yearly progress
If, during the term of a grant of flexibility authority under this division, a State educational agency fails to make adequate yearly progress for 2 consecutive years, the Secretary shall, after providing notice and an opportunity for a hearing, terminate the grant of authority promptly.
(2) Noncompliance
The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is evidence that the State educational agency involved has failed to comply with the terms of the grant of authority.
(3) Evidence
If a State educational agency believes that a determination of the Secretary under this subsection is in error for statistical or other substantive reasons, the State educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final termination determination under this subsection.
(b) Final review
(1) In general
If, at the end of the 5-year term of a grant of flexibility authority made under this division, the State educational agency has not met the requirements described in section 7315(c) of this title, the Secretary may not renew the grant of flexibility authority under section 7315c of this title.
(2) Compliance
Beginning on the date on which such term ends, the State educational agency, and the local educational agencies with which the State educational agency has entered into performance agreements, shall be required to comply with each of the program requirements in effect on such date for each program that was included in the grant of authority.
(Pub. L. 89–10, title VI, §6143, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1883.)
U.S. Encyclopedia of Law Coverage
20-U.S.C.-7305B in the Legal Encyclopedia: Schools
In this entry about 20-U.S.C.-7305B, find legal reference material, bibliographies and premiere content related to schools in the American Encyclopedia of Law, presenting a comprehensive view of the United States schools-specific issues, written by authorities in the field.
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