2014 US Code
Title 20 - Education (Sections 1 - 10013)
Chapter 70 - Strengthening and Improvement of Elementary and Secondary Schools (Sections 6301 - 8962)
Subchapter VI - Flexibility and Accountability (Sections 7301 - 7372)
Part A - Improving Academic Achievement (Sections 7301 - 7325c)
Subpart 3 - State and Local Flexibility Demonstration (Sections 7311 - 7321e)
Division A - State Flexibility Authority (Sections 7315 - 7315c)
Sec. 7315b - Performance review and penalties

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 20 - EDUCATION
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 20 - EDUCATION
CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS
SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY
Part A - Improving Academic Achievement
subpart 3 - state and local flexibility demonstration
Division A - State Flexibility Authority
Sec. 7315b - Performance review and penalties
Containssection 7315b
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawNo
Dispositionstandard
Source CreditPub. L. 89-10, title VI, §6143, as added Pub. L. 107-110, title VI, §601, Jan. 8, 2002, 115 Stat. 1883.
Statutes at Large Reference115 Stat. 1883
Public and Private LawPublic Law 89-10, Public Law 107-110

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20 U.S.C. § 7315b (2014)
§7315b. Performance review and penalties(a) Midterm review(1) Failure to make adequate yearly progress

If, during the term of a grant of flexibility authority under this division, a State educational agency fails to make adequate yearly progress for 2 consecutive years, the Secretary shall, after providing notice and an opportunity for a hearing, terminate the grant of authority promptly.

(2) Noncompliance

The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is evidence that the State educational agency involved has failed to comply with the terms of the grant of authority.

(3) Evidence

If a State educational agency believes that a determination of the Secretary under this subsection is in error for statistical or other substantive reasons, the State educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final termination determination under this subsection.

(b) Final review(1) In general

If, at the end of the 5-year term of a grant of flexibility authority made under this division, the State educational agency has not met the requirements described in section 7315(c) of this title, the Secretary may not renew the grant of flexibility authority under section 7315c of this title.

(2) Compliance

Beginning on the date on which such term ends, the State educational agency, and the local educational agencies with which the State educational agency has entered into performance agreements, shall be required to comply with each of the program requirements in effect on such date for each program that was included in the grant of authority.

(Pub. L. 89–10, title VI, §6143, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1883.)

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