Page:United States Statutes at Large Volume 115 Part 2.djvu/712

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115 STAT. 1696 PUBLIC LAW 107-110-^AN. 8, 2002 "(A) using a language instruction curriculum that is tied to scientifically based research on teaching limited English proficient children and that has been demonstrated to be effective; and "(B) in the manner the eligible entities determine to be the most effective. "(c) APPROVAL.—The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section. " (d) DURATION OF PLAN. — "(1) IN GENERAL.— Each plan submitted by a State educational agency or specially qualified agency and approved under subsection (c) shall— "(A) remain in effect for the duration of the agency's participation under this part; and "(B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency's strategies and programs carried out under this part. " (2) ADDITIONAL INFORMATION.— "(A) AMENDMENTS.— I f the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary. "(B) APPROVAL.— The Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this part. "(e) CONSOLIDATED PLAN.— ^A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 9302. "(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments. 20 USC 6824. " SEC. 3114. WITHIN-STATE ALLOCATIONS. "(a) IN GENERAL.—After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(3) shall award subgrants for a fiscal year by allocating to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State. "(b) LIMITATION.—^A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000. "(c) REALLOCATION. —Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose.