PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1879 "CHAPTER A—STATE FLEXIBILITY AUTHORITY "SEC. 6141. STATE FLEXIBILITY. 20 USC 7315. "(a) FLEXIBILITY AUTHORITY. —Except as otherwise provided in this chapter, the Secretary shall, on a competitive basis, grant flexibility authority to not more than seven eligible State educational agencies, under which the agencies may consolidate and use funds in accordance with section 6142. "(b) DEFINITIONS.—In this chapter: "(1) ELIGIBLE STATE EDUCATIONAL AGENCY. — The term 'eligible State educational agency' means a State educational agency that— "(A) submits an approvable application under subsection (c); and "(B) proposes performance agreements— "(i) that shall be entered into with not fewer than 4, and not more than 10, local educational agencies; "(ii) not fewer than half of which shall be entered into with high-poverty local educational agencies; and "(iii) that require the local educational agencies described in clause (i) to align their use of consolidated funds under section 6152 with the State educational agency's use of consolidated funds under section 6142. "(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY. —The term 'high-poverty local educational agency' means a local educational agency for which 20 percent or more of the children who are age 5 through 17, and served by the local educational agency, are from families with incomes below the poverty line. " (c) STATE APPLICATIONS.— " (1) APPLICATIONS.— To be eligible to receive flexibility authority under this chapter, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— "(A) information demonstrating, to the satisfaction of the Secretary, that the grant of authority offers substantial promise of— "(i) assisting the State educational agency in making adequate yearly progress, as defined under section 1111(b)(2); and "(ii) aligning State and local reforms and assisting the local educational agencies that enter into performance agreements with the State educational agency under paragraph (2) in making such adequate yearly progress; "(B) the performance agreements that the State educational agency proposes to enter into with eligible local educational agencies under paragraph (2); "(C) information demonstrating that the State educational agency has consulted with and involved parents, representatives of local educational agencies, and other educators in the development of the terms of the grant of authority; "(D) a provision specifying that the grant of flexibility authority shall be for a term of not more than 5 years; "(E) a list of the programs described in section 6142(b) that are included in the scope of the grant of authority;
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