20 U.S. Code § 7173 - State application
An application submitted by a State educational agency pursuant to subsection (a) of this section 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 opportunity for a hearing.
If the State educational agency does not respond to the Secretary’s notification described in subsection (d)(2) of this section during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved.
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