PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1727 public agency, and the funds provided under this paragraph shall not be commingled with State or local funds; "(8) provide that funds reserved under section 3244(e) be awarded on a competitive basis based on merit and need in accordance with such section; and "(9) provide an assurance that the State educational agency and local educational agencies in the State receiving funds under this subpart 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 that 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 educational agency. "SEC. 3246. ADMINISTRATIVE PROVISIONS. 20 USC 6966. "(a) NOTIFICATION OF AMOUNT. — The Secretary, not later than Deadline. June 1 of each year, shall notify each State educational agency that has an application approved under section 3245 of the amount of such agency's allotment under section 3244 for the succeeding year. " (b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED IN NONPUBLIC SCHOOLS.—I f by reason of any provision of law a local educational agency is prohibited from providing educational services for immigrant children and youth enrolled in nonpublic elementary schools and secondary schools, as required by section 3245(a)(7), or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of such children and youth enrolled in such schools, the Secretary may waive such requirement and shall arrange for the provision of services, subject to the requirements of this subpart, to such children and youth. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with the provisions of title I. "SEC. 3247. USES OF FUNDS. 20 USC 6967. "(a) USE OF FUNDS.— Funds awarded under this subpart shall be used to pay for enhanced instructional opportunities for immigrant children and youth, which may include— "(1) family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children; "(2) support of personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to immigrant children and youth; "(3) tutorials, mentoring, and academic or career counseling for immigrant children and youth; "(4) identification and acquisition of curricular materials, educational software, and technologies;
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