115 STAT. 1882 PUBLIC LAW 107-110—JAN. 8, 2002 of flexibility authority, the State educational agency seeks to amend the grant of authority to remove from the scope of the grant of authority any program described in section 6142(b). "(B) EXPANSION OF SCOPE OF THE GRANT OF AUTHORITY. — Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to amend the grant of authority to include in the scope of the grant of authority any additional program described in section 6142(b) or any additional achievement indicators for which the State will be held accountable. "(C) CHANGES WITH RESPECT TO NUMBER OF PERFORM- ANCE AGREEMENTS. —The State educational agency seeks to amend the grant of authority to include or remove performance agreements that the State educational agency proposes to enter into with eligible local educational agencies, except that in no case may the State educational agency enter into performance agreements that do not meet the requirements of clauses (i) and (ii) of subsection (b)(1)(B). "(2) APPROVAL AND DISAPPROVAL.— "(A) DEEMED APPROVAL.— ^A proposed amendment to a grant of flexibility authority submitted by a State educational agency pursuant to paragraph (1) 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 proposed amendment, that the proposed amendment is not in compliance with this chapter. "(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the State educational agency notice and an opportunity for a hearing. "(C) NOTIFICATION.— I f the Secretary finds that the proposed amendment is not in compliance, in whole or in part, with this chapter, the Secretary shall— "(i) give the State educational agency notice and an opportunity for a hearing; and "(ii) notify the State educational agency of the finding of noncompliance and, in such notification, shall— "(I) cite the specific provisions in the proposed amendment that are not in compliance; and "(II) request additional information, only as to the noncompliant provisions, needed to make the proposed amendment compliant. "(D) RESPONSE.—I f the State educational agency responds to the Secretary's notification described in subparagraph (C)(ii) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of— "(i) the expiration of the 45-day period beginning on the date on which the proposed amendment is resubmitted; or
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