Page:United States Statutes at Large Volume 108 Part 5.djvu/252

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108 STAT. 3742 PUBLIC LAW 103-382—OCT. 20, 1994 counted with respect to each such local educational agency under section 7304(b)(1); "(5) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this part without first affording the local educational agency submitting an application for such funds reasonable notice and opportunity for a hearing; "(6) provide for making such reports as the Secretary may reasonably require to perform the Secretary's functions under this part; "(7) provide assurances— "(A) that to the extent consistent with the number of immigrant children and youth enrolled in the nonpublic elementary or secondary schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of such children and youth secular, neutral, and nonideological services, materials, and equipment necessary for the education of such children and youth; "(B) that the control of funds provided under this part to any materials, equipment, and property repaired, remodeled, or constructed with those funds shall be in a public agency for the uses and purposes provided in this part, and a public agency shall administer such funds and property; and "(C) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency, or corporation who or which, in the provision of such services, is independent of such nonpublic elementary or secondary school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds; "(8) provide that funds reserved under subsection (e) of section 7304 be awarded on a competitive basis based on merit and need in accordance with such subsection; and "(9) provide an assurance that State and local educational agencies receiving funds under this part will comply with the requirements of section 1120(b). "(b) APPLICATION REVIEW.— "(1) IN GENERAL.— The Secretary shall review all applications submitted pursuant to this section by State educational agencies. "(2) APPROVAL.— The Secretary shall approve any application submitted by a State educational agency that meets the requirements of this section. "(3) DISAPPROVAL.—The Secretary shall disapprove any application submitted by a State educational agency which does not meet the requirements of this section, but shall not finally disapprove an application except after providing reasonable notice, technical assistance, and an opportunity for a hearing to the State.