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 B - Local Flexibility Demonstration (Sections 7321 - 7321e)
Sec. 7321c - Performance review and penalties
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 20 - EDUCATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 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 B - Local Flexibility Demonstration Sec. 7321c - Performance review and penalties |
| Contains | section 7321c |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 89-10, title VI, §6154, as added Pub. L. 107-110, title VI, §601, Jan. 8, 2002, 115 Stat. 1889. |
| Statutes at Large Reference | 115 Stat. 1889 |
| Public and Private Law | Public Law 89-10, Public Law 107-110 |
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If, during the term of a local flexibility demonstration agreement, a local educational agency fails to make adequate yearly progress for 2 consecutive years, the Secretary shall, after notice and opportunity for a hearing, promptly terminate the agreement.
(2) NoncomplianceThe Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph (3)), terminate a local flexibility demonstration agreement under this division if there is evidence that the local educational agency has failed to comply with the terms of the agreement.
(3) EvidenceIf a local educational agency believes that the Secretary's determination under this subsection is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final early termination determination.
(b) Final reviewIf, at the end of the 5-year term of a local flexibility demonstration agreement entered into under this division, the local educational agency has not met the requirements described in section 7321(c) of this title, the Secretary may not renew the agreement under section 7321d of this title and, beginning on the date on which such term ends, the local educational agency shall be required to comply with each of the program requirements in effect on such date for each program included in the local flexibility demonstration agreement.
(Pub. L. 89–10, title VI, §6154, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1889.)
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