Page:United States Statutes at Large Volume 102 Part 1.djvu/868

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 830 Contracts.

Contracts.

PUBLIC LAW 100-368—JULY 18, 1988 "(I) A solicitation by the local educational agency to contract with an accredited asbestos contractor for inspection or management plan development. "(II) A letter attesting to the enrollment of school district personnel in an Environmental Protection Agency-accredited training course for inspection and management plan development. "(Ill) Documentation showing that an analysis of suspected asbestos-containing material from the school is pending at an accredited laboratory. "(IV) Documentation showing that an inspection or management plan has been completed in a t least one other school under the local educational agency's authority. "(iii) A statement giving assurance that the local educational agency has carried out the notification and, in the case of a public school, public meeting required by paragraph (2). "(iv) A proposed schedule outlining all significant activities leading up to submission of a management plan by May 9, 1989, including inspection of the school (if not completed a t the time of the request) with a deadline of no later than December 22, 1988, for entering into a signed contract with an accredited asbestos contractor for inspection (unless such inspections are to be performed by school personnel), laboratory analysis of material from the school suspected of containing asbestos, and development of the management plan. "(2) NOTIFICATION AND PUBLIC MEETING.—Before filing a defer-

ral request under paragraph (1), a local educational agency shall notify affected parent, teacher, and employee organizations of its intent to file such a request. In the case of a deferral request for a public school, the local educational agency shall discuss the request at a public meeting of the school board with jurisdiction over the school, and affected parent, teacher, and employee organizations shall be notified in advance of the time and place of such meeting. "(3) RESPONSE BY GOVERNOR.—(A) Not later than 30 days after the date on which a Governor receives a deferral request under paragraph (1) from a local educational agency, the Grovernor shall respond to the local educational agency in writing by acknowledging whether the request is complete or incomplete. If the request is incomplete, the Governor shall identify in the response the items that are missing from the request. "(B) A local educational agency may correct any deficiencies in an incomplete deferral request and refile the request with the (jovemor. In any case in which the local educational agency decides to refile the request, the agency shall refile the request, and the Governor shall respond to such refiled request in the manner described in subparagraph (A), no later than 15 days after the local educational agency has received a response from the Governor under subparagraph (A). "(C) Approval of a deferral request under this subsection occurs only upon the receipt by a local educational agency of a written acknowledgment from the Governor that the agency's deferral request is complete.