Sec. 505. Plan approval process
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/bill/113/s/1101/is/section-505A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title IX (20 U.S.C. 7801 et seq.) is amended by adding at the end the following: A plan submitted by a State pursuant to section 2104(d) or section 4103(d) 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 plan, that the plan is not in compliance with section 2104(d) or section 4103(d), as applicable. The Secretary shall not finally disapprove a plan submitted under section 2104(d) or section 4103(d), except after giving the State educational agency notice and an opportunity for a hearing.
If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2104(d) or section 4103(d), as applicable, the Secretary shall— give the State educational agency notice and an opportunity for a hearing; and notify the State educational agency of the finding of noncompliance and, in such notification, shall— cite the specific provisions in the plan that are not in compliance; and request additional information, only as to the noncompliant provisions, needed to make the plan compliant.
If the State educational agency responds to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan with the requested information described in paragraph (2)(B)(ii), the Secretary shall approve or disapprove such plan prior to the later of— the expiration of the 45-day period beginning on the date on which the plan is resubmitted; or the expiration of the 120-day period described in subsection (a).
If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved. An application submitted by a local educational agency pursuant to section 2105(b) or section 4104(b) shall be deemed to be approved by the State educational agency unless the State educational agency makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2105(b) or section 4104(b), as applicable.
The State educational agency shall not finally disapprove an application submitted under section 2105(b) or section 4104(b), except after giving the local educational agency notice and opportunity for a hearing. If the State educational agency finds that the application is not in compliance, in whole or in part, with section 2105(b) or section 4104(b), as applicable, the State educational agency shall— give the local educational agency notice and an opportunity for a hearing; and notify the local educational agency of the finding of noncompliance, and in such notification, shall— cite the specific provisions in the application that are not in compliance; and request additional information, only as to the noncompliant provisions, needed to make the application compliant.
If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the State educational agency shall approve or disapprove such application prior to the later of— the expiration of the 45-day period beginning on the date on which the application is resubmitted; or the expiration of the 120-day period described in subsection (a).
If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved. .
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Sec. 505
Plan approval process
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