Sec. 12. Consequences of insufficient progress, reporting requirements, and conflicts of interest
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If the Secretary determines that a State educational agency receiving an award under subparagraph
(C)or (D)(ii) of section 5(a)(1), or an eligible entity receiving a subgrant under section 9 or 10, is not making significant progress in meeting the purposes of this Act and the key data metrics identified by the State educational agency in section 7(b)(2)(C) after the submission of a report described in subsection (b), then the Secretary may withhold, in whole or in part, further payments under this Act in accordance with section 455 of the General Education Provisions Act or take such other action authorized by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency, or eligible entity, respectively. A State educational agency receiving an award under subparagraph
(C)or (D)(ii) of section 5(a)(1) may refuse to award subgrant funds to an eligible entity under section 9 or 10 if the State educational agency finds that the eligible entity is not making significant progress in meeting the purposes of this Act, after— affording the eligible entity notice, a period for correction, and an opportunity for a hearing; and providing technical assistance to the eligible entity. Subgrant funds not awarded under subparagraph
(A)shall be redirected to an eligible entity serving similar children in the same area or region as the eligible entity not awarded the subgrant funds, to the greatest extent practicable. Each State educational agency receiving an award under subparagraph
(C)or (D)(ii) of section 5(a)(1) shall report annually to the Secretary regarding the State educational agency’s progress in addressing the purposes of this Act. Such report shall include at a minimum data, for each subgrantee, and for the State, on the metrics identified under section 7(b)(2)(C), such as— the number and percentage of children reading and writing on grade level by the end of grade 3; the percent of children served under the award who receive special education and related services; and the degree of appropriate developmental progress or literacy achievement growth of children, disaggregated by the groups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)). Each State educational agency receiving an award under subparagraph
(C)or (D)(ii) of section 5(a)(1) shall periodically report to the Secretary regarding the State educational agency’s progress in addressing the purposes of this Act. Such reports shall be submitted at such times, and in such manner, as the Secretary shall establish, and shall, over the term of the grant, include descriptions of— the professional development activities provided under the award, including types of activities and entities involved in providing professional development to classroom teachers and other program staff, such as school librarians; instruction, strategies, activities, curricula, materials, and assessments used in the programs funded under the award; the types of programs funded under the award and demographic information, including ages, of the children served by the programs funded under the award, except that such information shall not be personally identifiable; the experience and qualifications of the program staff who provide comprehensive literacy instruction under the programs funded under the award, including the experience and qualifications of those staff working with children with disabilities or developmental delay, with English learners, and with children from birth through kindergarten entry; and student performance on relevant program metrics, as identified in the State educational agency’s plan, such as— the number of children reading and writing on grade level by the end of the third grade; the percent of students served under this Act receiving special education services; the instruction and activities delivered to at-risk students served under this Act; and the professional development activities provided to teachers participating under this Act. Each eligible entity receiving a subgrant under section 9 or 10 shall report to the State educational agency regarding the eligible entity’s progress in addressing the purposes of this Act. Such report shall be submitted at such times, and in such manner, as the State educational agency shall establish, consistent with the requirements of paragraphs
(1)and
(2)for reports submitted by the State educational agency to the Secretary, and shall, over the term of the subgrant, include, consistent with such requirements for the State educational agency reports, descriptions of— how the subgrant funds were used; and the results of an external evaluation, if the Secretary determines such evaluation to be applicable.
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Sec. 12
Consequences of insufficient progress, reporting requirements, and conflicts of interest
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