123STA T . 2 8 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(A)usedfor se cta r i a n instruction or re l i g ious w ors h i p; or ( B )inwhichasu b stantial portion of the functions of the facilities are subsu m ed in a religious mission .SEC.140 0 5 .S TA TEA P P LI CATI ON S. (a) INGE NE RAL . —T he Go v ernor of a S tate desiring to receive an allocation under section 140 01 shall submit an application at such time , in such manner, and containing such information as the Secretar y may reasonably re q uire. (b) A P PL IC A T I O N.—In such application, the Governor shall— (1) include the assurances described in subsection (d); ( 2 ) provide baseline data that demonstrates the State ’ s current status in each of the areas described in such assurances; and ( 3 ) describe how the State intends to use its allocation, including whether the State will use such allocation to meet maintenance of effort requirements under the E SEA and I D EA and, in such cases, what amount will be used to meet such requirements. (c) INCENTI V E GRANT APPLICATION.—The Governor of a State see k ing a grant under section 1400 6 shall— (1) submit an application for consideration; (2) describe the status of the State’s progress in each of the areas described in subsection (d), and the strategies the State is employing to help ensure that students in the sub - groups described in section 1111(b)(2)( C )(v)(II) of the ESEA (20 U .S.C. 6311(b)(2)(C)(v)(II)) who have not met the State’s proficiency targets continue making progress toward meeting the State’s student academic achievement standards; (3) describe the achievement and graduation rates (as described in section 1111(b)(2)(C)(vi) of the ESEA (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in section 200.1 9 (b)(1) of title 34, Code of F ederal R egulations) of public elementary and secondary school students in the State, and the strategies the State is employing to help ensure that all subgroups of students identified in section 1111(b)(2) of the ESEA (20 U.S.C. 6311(b)(2)) in the State continue making progress toward meeting the State’s student academic achievement standards; (4) describe how the State would use its grant funding to improve student academic achievement in the State, including how it will allocate the funds to give priority to high-need local educational agencies; and ( 5 ) include a plan for evaluating the State’s progress in closing achievement gaps. (d) A S S U RANCES.—An application under subsection (b) shall include the following assurances
(1) M AINTENANCE O F EFFORT.— (A) ELE M ENTAR Y AN D SECONDARY EDUCATION.—The State will, in each of fiscal years 2009, 2010, and 2011, maintain State support for elementary and secondary edu- cation at least at the level of such support in fiscal year 2006. (B) H I GH ER EDUCATION.—The State will, in each of fiscal years 2009, 2010, and 2011, maintain State support for public institutions of higher education (not including support for capital pro j ects or for research and development
