SEC. 4203
STATE APPLICATIONS
Section Summary
ESSA
SEC. 4203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
4202 for any fiscal year, a State shall submit to the Secretary, at such
time as the Secretary may require, an application that--
``(1) designates the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
``(2) describes how the State educational agency will use
funds received under this part, including funds reserved for
State-level activities;
``(3) contains an assurance that the State educational
agency--
``(A) will make awards under this part to eligible
entities that serve--
``(i) students who primarily attend--
``(I) schools implementing
comprehensive support and improvement
activities or targeted support and
improvement activities under section
1111(d); and
``(II) other schools determined by
the local educational agency to be in
need of intervention and support; and
``(ii) the families of such students; and
``(B) will further give priority to eligible
entities that propose in the application to serve
students described in subclauses (I) and (II) of section
4204(i)(1)(A)(i);
``(4) describes the procedures and criteria the State
educational agency will use for reviewing applications and
awarding funds to eligible entities on a competitive basis,
which shall include procedures and criteria that take into
consideration the likelihood that a proposed community learning
center will help participating students meet the challenging
State academic standards and any local academic standards;
``(5) describes how the State educational agency will ensure
that awards made under this part are--
``(A) of sufficient size and scope to support high-
quality, effective programs that are consistent with the
purpose of this part; and
``(B) in amounts that are consistent with section
4204(h);
``(6) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and training,
evaluation, dissemination of promising practices, and
coordination of professional development for staff in specific
content areas and youth development;
``(7) describes how programs under this part will be
coordinated with programs under this Act, and other programs as
appropriate;
[[Page 129 STAT. 1987]]
``(8) contains an assurance that the State educational
agency--
``(A) will make awards for programs for a period of
not less than 3 years and not more than 5 years; and
``(B) will require each eligible entity seeking such
an award to submit a plan describing how the activities
to be funded through the award will continue after
funding under this part ends;
``(9) contains an assurance that funds appropriated to carry
out this part will be used to supplement, and not supplant,
other Federal, State, and local public funds expended to provide
programs and activities authorized under this part and other
similar programs;
``(10) contains an assurance that the State educational
agency will require eligible entities to describe in their
applications under section 4204(b) how the transportation needs
of participating students will be addressed;
``(11) describes how the State will--
``(A) prescreen external organizations that could
provide assistance in carrying out the activities under
this part; and
``(B) develop and make available to eligible
entities a list of external organizations that
successfully completed the prescreening process;
``(12) provides--
``(A) an assurance that the application was
developed in consultation and coordination with
appropriate State officials, including the chief State
school officer, and other State agencies administering
before and after school (or summer recess) programs and
activities, the heads of the State health and mental
health agencies or their designees, statewide after-
school networks (where applicable) and representatives
of teachers, local educational agencies, and community-
based organizations; and
``(B) a description of any other representatives of
teachers, parents, students, or the business community
that the State has selected to assist in the development
of the application, if applicable;
``(13) describes the results of the State's needs and
resources assessment for before and after school (or summer
recess) programs and activities, which shall be based on the
results of on-going State evaluation activities;
``(14) describes how the State educational agency will
evaluate the effectiveness of programs and activities carried
out under this part, which shall include, at a minimum--
``(A) a description of the performance indicators
and performance measures that will be used to evaluate
programs and activities with emphasis on alignment with
the regular academic program of the school and the
academic needs of participating students, including
performance indicators and measures that--
``(i) are able to track student success and
improvement over time;
``(ii) include State assessment results and
other indicators of student success and
improvement, such as improved attendance during
the school day, better classroom grades, regular
(or consistent) program
[[Page 129 STAT. 1988]]
attendance, and on-time advancement to the next
grade level; and
``(iii) for high school students, may include
indicators such as career competencies, successful
completion of internships or apprenticeships, or
work-based learning opportunities;
``(B) a description of how data collected for the
purposes of subparagraph (A) will be collected; and
``(C) public dissemination of the evaluations of
programs and activities carried out under this part; and
``(15) provides for timely public notice of intent to file
an application and an assurance that the application will be
available for public review after submission.
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) 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 application, that the
application is not in compliance with this part.
``(c) Disapproval.--The Secretary shall not finally disapprove the
application, except after giving the State educational agency notice and
an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the application is
not in compliance, in whole or in part, with this part, the Secretary
shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance and, in such notification--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as to the
noncompliant provisions, needed to make the application
compliant.
``(e) Response.--If the State educational agency responds to the
Secretary's notification described in subsection (d)(2) 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 subsection (d)(2)(B), the Secretary shall
approve or disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure to Respond.--If the State educational agency does not
respond to the Secretary's notification described in subsection (d)(2)
during the 45-day period beginning on the date on which the agency
received the notification, such application shall be deemed to be
disapproved.
``(g) Limitation.--The Secretary may not give a priority or a
preference for States or eligible entities that seek to use funds made
available under this part to extend the regular school day.
NCLB Text
Previously not included in NCLB.
