PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1883 "(ii) the expiration of the 120-day period described in subparagraph (A). "(E) FAILURE TO RESPOND.—I f the State educational agency does not respond to the Secretary's notification described in subparagraph (C)(ii) during the 45-day period beginning on the date on which the agency received the notification, such proposed amendment shall be deemed to be disapproved. " (3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM GRANT OF AUTHORITY. —Beginning on the effective date of an amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a grant of authority shall apply to the use of funds made available under the program by the State educational agency and each local educational agency with which the State educational agency has a performance agreement. " SEC. 6142. CONSOLIDATION AND USE OF FUNDS. 20 USC 7315a. "(a) IN GENERAL.— "(1) AUTHORITY.— Under a grant of flexibility authority made under this chapter, a State educational agency may consolidate Federal funds described in subsection (b) and made available to the agency, and use such funds for any educational purpose authorized under this Act. "(2) PROGRAM REQUIREMENTS.— Except as otherwise provided in this chapter, a State educational agency may use funds under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the State. " (b) ELIGIBLE FUNDS AND PROGRAMS.— "(1) FUNDS. —The funds described in this subsection are funds, for State-level activities and State administration, that are described in the following provisions: "(A) Section 1004. "(B) Paragraphs (4) and (5) of section 1202(d). " (C) Section 2113(a)(3). "(D) Section 2412(a)(1). "(E) Subsections (a) (with the agreement of the Governor), (b)(2), and (c)(1) of section 4112. "(F) Paragraphs (2) and (3) of section 4202(c). "(G) Section 5112(b). "(2) PROGRAMS.— The programs described in this subsection are the programs authorized to be carried out with funds described in paragraph (1). "(c) SPECIAL RULE.— ^A State educational agency that receives a grant of flexibility authority under this chapter— "(1) shall ensure that the funds described in section 5112(a) are allocated to local educational agencies in the State in accordance with section 5112(a); but "(2) may specify how the local educational agencies shall use the allocated funds. "SEC. 6143. PERFORMANCE REVIEW AND PENALTIES. 20 USC 7315b. "(a) MIDTERM REVIEW.— " (1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS. — If, during the term of a grant of flexibility authority under this chapter, a State educational agency fails to maJce adequate yearly progress for 2 consecutive years, the Secretary shall.
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