Page:United States Statutes at Large Volume 115 Part 2.djvu/761

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PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1745 process or other methods of assuring the quaUty of such applications. "(2) CONSIDERATIONS. — In determining whether to approve the appHcation of a local educational agency under this section, a State educational agency shall consider the quality of application and the extent to which the application meets the principles of effectiveness described in section 4115(a). "(f) APPROVAL PROCESS.— "(1) DEEMED APPROVAL.—An application submitted by a local educational agency pursuant to this section shall be deemed to be approved by the State educational agency unless the State educational agency makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with this subpart. " (2) DISAPPROVAL.— The State educational agency shall not finally disapprove the application, except after giving the local educational agency notice and opportunity for a hearing. "(3) NOTIFICATION.—I f the State educational agency finds that the application is not in compliance, in whole or in part, with this subpart, the State educational agency shall— "(A) give the local educational agency notice and an opportunity for a hearing; and "(B) notify the local educational agency of the finding of noncompliance, and in such notification, shall— "(i) cite the specific provisions in the application that are not in compliance; and "(ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant. "(4) RESPONSE. —I f the local educational agency responds to the State educational agency's notification described in paragraph (3)(B) 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 paragraph (3)(B)(ii), the State educational agency shall approve or disapprove such application prior to the later of— "(A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or "(B) the expiration of the 120-day period described in paragraph (1). "(5) FAILURE TO RESPOND.—I f the local educational agency does not respond to the State educational agency's notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. ^SEC. 4115. AUTHORIZED ACTrVITIES. 20 USC 7115. " (a) PRINCIPLES OF EFFECTIVENESS.— "(1) IN GENERAL. — For a program or activity developed pursuant to this subpart to meet the principles of effectiveness, such program or activity shall— "(A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in the elementary schools and secondary schools and communities to be served, including an objective analysis