Page:United States Statutes at Large Volume 115 Part 2.djvu/897

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PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1881 Secretary, distribute to print and broadcast media, and post on the Internet, a report, which shall include a detailed description of how the State educational agency, and the local educational agencies with which the State educational agency enters into performance agreements, used the funds consolidated under the grant of authority to make adequate yearly progress and advance the education priorities of the State and local educational agencies in the State. " (2) PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL EDUCATIONAL AGENCIES.— "(A) IN GENERAL.—^A State educational agency that wishes to receive flexibility authority under this subpart shall propose performance agreements that meet the requirements of clauses (i) and (ii) of subsection (b)(1)(B) (subject to approval of the application or amendment involved under subsection (d) or (e)). " (B) PERFORMANCE AGREEMENTS. —Each proposed performance agreement with a local educational agency shall— "(i) contain plans for the local educational agency to consolidate and use funds in accordance with section 6152, for activities that are aligned with the State educational agency's plan described in paragraph (1)(G); "(ii) be subject to the requirements of chapter B relating to agreements between the Secretary and a local educational agency, except— "(I) that, as appropriate, references in that chapter to the Secretary shall be deemed to be references to the State educational agency; and "(II) as otherwise provided in this chapter; and "(iii) contain an assurance that the local educational agency will, for the duration of the grant of authority, use funds consolidated under section 6152 only to supplement the amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted with the consolidated funds, and not to supplant those funds. "(d) APPROVAL AND SELECTION. —The Secretary shall— "(1) establish a peer review process to assist in the review of proposed State applications under this section; and "(2) appoint individuals to participate in the peer review process who are— "(A) representative of parents, teachers, State educational agencies, and local educational agencies; and "(B) familiar with educational standards, assessments, accountability, curricula, instruction, and staff development, and other diverse educational needs of students. " (e) AMENDMENT TO GRANT OF AUTHORITY.— "(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall amend the grant of flexibility authority made to a State educational agency under this chapter, in each of the following circumstances: " (A) REDUCTION IN SCOPE OF THE GRANT OF AUTHORITY. —Not later than 1 year after receiving a grant 89-194O-03 -29QL3Part2