 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
SUBCHAPTER VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS
 
              Part C--Emergency Immigrant Education Program
 
Sec. 7545. State applications


(a) Submission

    No State educational agency shall receive any payment under this 
part for any fiscal year unless such agency submits an application to 
the Secretary at such time, in such manner, and containing or 
accompanied by such information, as the Secretary may reasonably 
require. Each such application shall--
        (1) provide that the educational programs, services, and 
    activities for which payments under this part are made will be 
    administered by or under the supervision of the agency;
        (2) provide assurances that payments under this part will be 
    used for purposes set forth in sections 7541 and 7547 of this title, 
    including a description of how local educational agencies receiving 
    funds under this part will use such funds to meet such purposes and 
    will coordinate with other programs assisted under this chapter, the 
    Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.], and other 
    Acts as appropriate;
        (3) provide an assurance that local educational agencies 
    receiving funds under this part will coordinate the use of such 
    funds with programs assisted under part A of this subchapter or 
    subchapter I of this chapter;
        (4) provide assurances that such payments, with the exception of 
    payments reserved under section 7544(e) of this title, will be 
    distributed among local educational agencies within that State on 
    the basis of the number of immigrant children and youth counted with 
    respect to each such local educational agency under section 
    7544(b)(1) of this title;
        (5) provide assurances that the State educational agency will 
    not finally disapprove in whole or in part any application for funds 
    received under this part without first affording the local 
    educational agency submitting an application for such funds 
    reasonable notice and opportunity for a hearing;
        (6) provide for making such reports as the Secretary may 
    reasonably require to perform the Secretary's functions under this 
    part;
        (7) provide assurances--
            (A) that to the extent consistent with the number of 
        immigrant children and youth enrolled in the nonpublic 
        elementary or secondary schools within the district served by a 
        local educational agency, such agency, after consultation with 
        appropriate officials of such schools, shall provide for the 
        benefit of such children and youth secular, neutral, and 
        nonideological services, materials, and equipment necessary for 
        the education of such children and youth;
            (B) that the control of funds provided under this part to 
        any materials, equipment, and property repaired, remodeled, or 
        constructed with those funds shall be in a public agency for the 
        uses and purposes provided in this part, and a public agency 
        shall administer such funds and property; and
            (C) that the provision of services pursuant to this 
        paragraph shall be provided by employees of a public agency or 
        through contract by such public agency with a person, 
        association, agency, or corporation who or which, in the 
        provision of such services, is independent of such nonpublic 
        elementary or secondary school and of any religious 
        organization, and such employment or contract shall be under the 
        control and supervision of such public agency, and the funds 
        provided under this paragraph shall not be commingled with State 
        or local funds;

        (8) provide that funds reserved under subsection (e) of section 
    7544 of this title be awarded on a competitive basis based on merit 
    and need in accordance with such subsection; and
        (9) provide an assurance that State and local educational 
    agencies receiving funds under this part will comply with the 
    requirements of section 6321(b) of this title.

(b) Application review

                           (1) In general

        The Secretary shall review all applications submitted pursuant 
    to this section by State educational agencies.

                            (2) Approval

        The Secretary shall approve any application submitted by a State 
    educational agency that meets the requirements of this section.

                           (3) Disapproval

        The Secretary shall disapprove any application submitted by a 
    State educational agency which does not meet the requirements of 
    this section, but shall not finally disapprove an application except 
    after providing reasonable notice, technical assistance, and an 
    opportunity for a hearing to the State.

(Pub. L. 89-10, title VII, Sec. 7305, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3741.)

                       References in Text

    The Goals 2000: Educate America Act, referred to in subsec. (a)(2), 
is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except titles V and 
IX), as amended, which is classified principally to chapter 68 
(Sec. 5801 et seq.) of this title (except subchapters V (Sec. 5931 et 
seq.) and IX (Sec. 6001 et seq.)). For complete classification of this 
Act to the Code, see Short Title note set out under section 5801 of this 
title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 7546 of this title.
