---
kind: "section"
citation: "20 U.S.C. § 7173"
title: "20"
title_heading: "Education"
number: "7173"
heading: "State application"
release: "119-102"
url: "https://uscodex.org/usc/20/7173"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter IV — 21st Century Schools"
  - "Part B"
---

# §7173. State application

- (a) **In general—** In order to receive an allotment under [section 7172 of this title](/usc/20/7172.md) for any fiscal year, a [State](/usc/20/7171.md?p=b-6) shall submit to the [Secretary](/usc/20/7801.md?p=46), at such time as the [Secretary](/usc/20/7801.md?p=46) may require, an application that—
  - (1) designates the [State educational agency](/usc/20/7801.md?p=49) as the agency responsible for the administration and supervision of programs assisted under this part;
  - (2) describes how the [State educational agency](/usc/20/7801.md?p=49) will use [funds](/usc/20/4702.md?p=3) received under this part, including [funds](/usc/20/4702.md?p=3) reserved for [State](/usc/20/7171.md?p=b-6)-level activities;
  - (3) contains an assurance that the [State educational agency](/usc/20/7801.md?p=49)—
    - (A) will make awards under this part to [eligible entities](/usc/20/7171.md?p=b-3) that serve—
      - (i) students who primarily attend—
        - (I) [schools](/usc/20/5802.md?p=a-11) implementing comprehensive support and improvement activities or targeted support and improvement activities under [section 6311(d) of this title](/usc/20/6311.md?p=d); and
        - (II) other [schools](/usc/20/5802.md?p=a-11) determined by the [local educational agency](/usc/20/7801.md?p=30-A) to be in need of intervention and support; and
      - (ii) the families of such students; and
    - (B) will further give priority to [eligible entities](/usc/20/7171.md?p=b-3) that propose in the application to serve students described in subclauses (I) and (II) of [section 7174(i)(1)(A)(i) of this title](/usc/20/7174.md?p=i-1-A-i);
  - (4) describes the procedures and criteria the [State educational agency](/usc/20/7801.md?p=49) will use for reviewing applications and awarding [funds](/usc/20/4702.md?p=3) to [eligible entities](/usc/20/7171.md?p=b-3) on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed [community learning center](/usc/20/7171.md?p=b-1) will help participating students meet the challenging [State](/usc/20/7171.md?p=b-6) academic standards and any local academic standards;
  - (5) describes how the [State educational agency](/usc/20/7801.md?p=49) will ensure that awards made under this part are—
    - (A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and
    - (B) in amounts that are consistent with [section 7174(h) of this title](/usc/20/7174.md?p=h);
  - (6) describes the steps the [State educational agency](/usc/20/7801.md?p=49) will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordination of [professional development](/usc/20/7801.md?p=42) for staff in specific content areas and youth development;
  - (7) describes how programs under this part will be coordinated with programs under this chapter, and other programs as appropriate;
  - (8) contains an assurance that the [State educational agency](/usc/20/7801.md?p=49)—
    - (A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and
    - (B) will require each [eligible entity](/usc/20/7171.md?p=b-3) seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends;
  - (9) contains an assurance that [funds](/usc/20/4702.md?p=3) appropriated to carry out this part will be used to supplement, and not supplant, other Federal, [State](/usc/20/7171.md?p=b-6), and local public [funds](/usc/20/4702.md?p=3) expended to provide programs and activities authorized under this part and other similar programs;
  - (10) contains an assurance that the [State educational agency](/usc/20/7801.md?p=49) will require [eligible entities](/usc/20/7171.md?p=b-3) to describe in their applications under [section 7174(b) of this title](/usc/20/7174.md?p=b) how the transportation needs of participating students will be addressed;
  - (11) describes how the [State](/usc/20/7171.md?p=b-6) will—
    - (A) prescreen [external organizations](/usc/20/7171.md?p=b-4) that could provide assistance in carrying out the activities under this part; and
    - (B) develop and make available to [eligible entities](/usc/20/7171.md?p=b-3) a list of [external organizations](/usc/20/7171.md?p=b-4) that successfully completed the prescreening process;
  - (12) provides—
    - (A) an assurance that the application was developed in consultation and coordination with appropriate [State](/usc/20/7171.md?p=b-6) officials, including the chief [State](/usc/20/7171.md?p=b-6) [school](/usc/20/5802.md?p=a-11) [officer](/usc/20/1094.md?p=i-5), and other [State](/usc/20/7171.md?p=b-6) agencies administering before and after [school](/usc/20/5802.md?p=a-11) (or summer recess) programs and activities, the heads of the [State](/usc/20/7171.md?p=b-6) health and mental health agencies or their designees, statewide after-[school](/usc/20/5802.md?p=a-11) networks (where applicable) and representatives of teachers, [local educational agencies](/usc/20/7801.md?p=30-A), and [community-based organizations](/usc/20/7801.md?p=5); and
    - (B) a description of any other representatives of teachers, [parents](/usc/20/7801.md?p=38), students, or the business community that the [State](/usc/20/7171.md?p=b-6) has selected to assist in the development of the application, if applicable;
  - (13) describes the results of the [State](/usc/20/7171.md?p=b-6)’s needs and resources assessment for before and after [school](/usc/20/5802.md?p=a-11) (or summer recess) programs and activities, which shall be based on the results of on-going [State](/usc/20/7171.md?p=b-6) evaluation activities;
  - (14) describes how the [State educational agency](/usc/20/7801.md?p=49) will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum—
    - (A) 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](/usc/20/5802.md?p=a-11) and the academic needs of participating students, including performance indicators and measures that—
      - (i) are able to track student success and improvement over time;
      - (ii) include [State](/usc/20/7171.md?p=b-6) assessment results and other indicators of student success and improvement, such as improved attendance during the [school](/usc/20/5802.md?p=a-11) day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and
      - (iii) for [high school](/usc/20/7801.md?p=28) students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based learning opportunities;
    - (B) a description of how data collected for the purposes of [subparagraph (A)](#a-14-A) will be collected; and
    - (C) public dissemination of the evaluations of programs and activities carried out under this part; and
  - (15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission.
- (b) **Deemed approval—** An application submitted by a [State educational agency](/usc/20/7801.md?p=49) pursuant to [subsection (a)](#a) shall be deemed to be approved by the [Secretary](/usc/20/7801.md?p=46) unless the [Secretary](/usc/20/7801.md?p=46) makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the [Secretary](/usc/20/7801.md?p=46) received the application, that the application is not in compliance with this part.
- (c) **Disapproval—** The [Secretary](/usc/20/7801.md?p=46) shall not finally disapprove the application, except after giving the [State educational agency](/usc/20/7801.md?p=49) notice and an opportunity for a hearing.
- (d) **Notification—** If the [Secretary](/usc/20/7801.md?p=46) finds that the application is not in compliance, in whole or in part, with this part, the [Secretary](/usc/20/7801.md?p=46) shall—
  - (1) give the [State educational agency](/usc/20/7801.md?p=49) notice and an opportunity for a hearing; and
  - (2) notify the [State educational agency](/usc/20/7801.md?p=49) of the finding of noncompliance and, in such notification—
    - (A) cite the specific provisions in the application that are not in compliance; and
    - (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.
- (e) **Response—** If the [State educational agency](/usc/20/7801.md?p=49) responds to the [Secretary](/usc/20/7801.md?p=46)’s notification described in [subsection (d)(2)](#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)](#d-2-B), the [Secretary](/usc/20/7801.md?p=46) shall approve or disapprove such application prior to the later of—
  - (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or
  - (2) the expiration of the 120-day period described in [subsection (b)](#b).
- (f) **Failure to respond—** If the [State educational agency](/usc/20/7801.md?p=49) does not respond to the [Secretary](/usc/20/7801.md?p=46)’s notification described in [subsection (d)(2)](#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.
- (g) **Limitation—** The [Secretary](/usc/20/7801.md?p=46) may not give a priority or a preference for [States](/usc/20/7171.md?p=b-6) or [eligible entities](/usc/20/7171.md?p=b-3) that seek to use [funds](/usc/20/4702.md?p=3) made available under this part to extend the regular [school](/usc/20/5802.md?p=a-11) day.

## Source credit

(Pub. L. 89–10, title IV, § 4203, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1767; amended Pub. L. 114–95, title IV, § 4201(a), Dec. 10, 2015, 129 Stat. 1986.)

## Notes

### Editorial Notes

### Amendments

2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to State application, consisting of subsecs. (a) to (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.