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§ 9410. —  State requirements.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 20USC9410]

 
                           TITLE 20--EDUCATION
 
                CHAPTER 75--EARLY LEARNING OPPORTUNITIES
 
Sec. 9410. State requirements


(a) Eligibility

    To be eligible for a grant under this chapter, a State shall--
        (1) ensure that funds received by the State under this chapter 
    shall be subject to appropriation by the State legislature, 
    consistent with the terms and conditions required under State law;
        (2) designate a Lead State Agency under section 9409(c) of this 
    title to administer and monitor the grant and ensure State-level 
    coordination of early learning programs;
        (3) submit to the Secretary an application at such time, in such 
    manner, and accompanied by such information as the Secretary may 
    require;
        (4) ensure that funds made available under this chapter are 
    distributed on a competitive basis throughout the State to Local 
    Councils serving rural, urban, and suburban areas of the State; and
        (5) assist the Secretary in developing mechanisms to ensure that 
    Local Councils receiving funds under this chapter comply with the 
    requirements of this chapter.

(b) State preference

    In awarding grants to Local Councils under this chapter, the State, 
to the maximum extent possible, shall ensure that a broad variety of 
early learning programs that provide a continuity of services across the 
age spectrum assisted under this chapter are funded under this chapter, 
and shall give preference to supporting--
        (1) a Local Council that meets criteria, that are specified by 
    the State and approved by the Secretary, for qualifying as serving 
    an area of greatest need for early learning programs; and
        (2) a Local Council that demonstrates, in the application 
    submitted under section 9412 of this title, the Local Council's 
    potential to increase collaboration as a means of maximizing use of 
    resources provided under this chapter with other resources available 
    for early learning programs.

(c) Local preference

    In awarding grants under this chapter, Local Councils shall give 
preference to supporting--
        (1) projects that demonstrate their potential to collaborate as 
    a means of maximizing use of resources provided under this chapter 
    with other resources available for early learning programs;
        (2) programs that provide a continuity of services for young 
    children across the age spectrum, individually, or through 
    community-based networks or cooperative agreements; and
        (3) programs that help parents and other caregivers promote 
    early learning with their young children.

(d) Performance goals

                           (1) Assessments

        Based on information and data received from Local Councils, and 
    information and data available through State resources, the State 
    shall biennially assess the needs and available resources related to 
    the provision of early learning programs within the State.

                        (2) Performance goals

        Based on the analysis of information described in paragraph (1), 
    the State shall establish measurable performance goals to be 
    achieved through activities assisted under this chapter.

                           (3) Requirement

        The State shall award grants to Local Councils only for purposes 
    that are consistent with the performance goals established under 
    paragraph (2).

                             (4) Report

        The State shall report to the Secretary annually regarding the 
    State's progress toward achieving the performance goals established 
    in paragraph (2) and any necessary modifications to those goals, 
    including the rationale for the modifications.

                        (5) Improvement plans

        If the Secretary determines, based on the State report submitted 
    under paragraph (4), that the State is not making progress toward 
    achieving the performance goals described in paragraph (2), then the 
    State shall submit a performance improvement plan to the Secretary, 
    and demonstrate reasonable progress in implementing such plan, in 
    order to remain eligible for funding under this chapter.

(Pub. L. 106-554, Sec. 1(a)(1) [title VIII, Sec. 811], Dec. 21, 2000, 
114 Stat. 2763, 2763A-86.)

                  Section Referred to in Other Sections

    This section is referred to in section 9406 of this title.



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