State application

In order to receive an allotment under section 7172 of this title for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— contains an assurance that the State educational agency— will make awards under this part to eligible entities that serve— students who primarily attend— describes how the State educational agency will ensure that awards made under this part are— contains an assurance that the State educational agency— describes how the State will— provides— describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— a description of the performance indicators and performance measures that will be used to evaluate programs and activities with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— An application submitted by a State educational agency pursuant to subsection (a) 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 application, that the application is not in compliance with this part. The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— notify the State educational agency of the finding of noncompliance and, in such notification— If the State educational agency responds to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— If the State educational agency does not respond to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. The Secretary may not give a priority or a preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day.