115 STAT. 1624 PUBLIC LAW 107-110-^AN. 8, 2002 mentoring) needs of teachers will be met using funds under this subpart and subpart 2. "(9) A description of the State educational agency's annual measurable objectives under section 1119(a)(2). "(10) A description of how the State educational agency will use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described in section 1119(a)(2). "(11) In the case of a State that has a charter school law that exempts teachers from State certification and licensing requirements, the specific portion of the State law that provides for the exemption. "(12) An assurance that the State educational agency will comply with section 9501 (regarding participation by private school children and teachers). "(c) DEEMED APPROVAL. —An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. "(d) DISAPPROVAL. — The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. "(e) NOTIFICATION.— I f the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— "(1) give the State educational agency notice and an opportunity for a hearing; and "(2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— "(A) cite the specific provisions in the application that are not in compliance; and "(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. "(f) RESPONSE.—I f the State educational agency responds to the Secretary's notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— "(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or "(2) the expiration of the 120-day period described in subsection (c). "(g) FAILURE TO RESPOND. —I f the State educational agency does not respond to the Secretary's notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved.
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