115 STAT. 1888 PUBLIC LAW 107-110-JAN. 8, 2002 "(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the local educational agency notice and an opportunity for a hearing. "(C) NOTIFICATION. —If 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 local educational agency notice and an opportunity for a hearing; and "(ii) notify the local 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 local 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 "(ii) the expiration of the 120-day period described in subparagraph (A). "(E) FAILURE TO RESPOND.—I f the local educational agency does not respond 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, such proposed amendment shall be deemed to be disapproved. " (3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM AGREEMENT. —Beginning on the effective date of an amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a local flexibility demonstration agreement shall apply to the use of funds made available under the program by the local educational agency. 20 USC 7321a. "SEC. 6152. CONSOLIDATION AND USE OF FUNDS. "(a) IN GENERAL.— "(1) AUTHORITY.— Under a local flexibility demonstration agreement entered into under this chapter, a local educational agency may consolidate Federal funds made available to the agency under the provisions listed in subsection (b) and use such funds for any educational purpose permitted under this Act. "(2) PROGRAM REQUIREMENTS. —Except as otherwise provided in this chapter, a local educational agency may use funds under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the agency.
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