---
kind: "section"
citation: "20 U.S.C. § 7871"
title: "20"
title_heading: "Education"
number: "7871"
heading: "Approval and disapproval of State plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7871"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part E — Approval and Disapproval of State Plans and Local Applications"
---

# §7871. Approval and disapproval of State plans

- (a) **Approval—** A plan submitted by a [State](/usc/20/7171.md?p=b-6) pursuant to section [6611(d)](/usc/20/6611.md?p=d), [7113(c)](/usc/20/7113.md?p=c), [7173](/usc/20/7173.md), or [7842](/usc/20/7842.md) of this title shall be approved by the [Secretary](/usc/20/7801.md?p=46) unless the [Secretary](/usc/20/7801.md?p=46) makes a written determination (which shall include the supporting information and rationale supporting such 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 plan, that the plan is not in compliance with section [6611(d)](/usc/20/6611.md?p=d), [7113(c)](/usc/20/7113.md?p=c), or [7173](/usc/20/7173.md) of this title, or part C, respectively.
- (b) **Disapproval process—**
  - (1) **In general—** The [Secretary](/usc/20/7801.md?p=46) shall not finally disapprove a plan submitted under section [6611(d)](/usc/20/6611.md?p=d), [7113(c)](/usc/20/7113.md?p=c), [7173](/usc/20/7173.md), or [7842](/usc/20/7842.md) of this title, except after giving the [State educational agency](/usc/20/7801.md?p=49) notice and an opportunity for a hearing.
  - (2) **Notifications—** If the [Secretary](/usc/20/7801.md?p=46) finds that the plan is not in compliance, in whole or in part, with section [6611(d)](/usc/20/6611.md?p=d), [7113(c)](/usc/20/7113.md?p=c), or [7173](/usc/20/7173.md) of this title, or part C, as applicable, the [Secretary](/usc/20/7801.md?p=46) shall—
    - (A) immediately notify the [State](/usc/20/7171.md?p=b-6) of such determination;
    - (B) provide a detailed description of the specific provisions of the plan that the [Secretary](/usc/20/7801.md?p=46) determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;
    - (C) offer the [State](/usc/20/7171.md?p=b-6) an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the [State](/usc/20/7171.md?p=b-6) to present supporting information to clearly demonstrate that the [State](/usc/20/7171.md?p=b-6) plan meets the requirements of such section or part, as applicable;
    - (D) provide technical assistance, upon request of the [State](/usc/20/7171.md?p=b-6), in order to assist the [State](/usc/20/7171.md?p=b-6) to meet the requirements of such section or part, as applicable;
    - (E) conduct a hearing within 30 days of the plan’s resubmission under [subparagraph (C)](#b-2-C), unless a [State](/usc/20/7171.md?p=b-6) declines the opportunity for such hearing; and
    - (F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant.
  - (3) **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 [paragraph (2)(A)](#b-2-A) prior to the expiration of the 45-day period beginning on the date on which the [State educational agency](/usc/20/7801.md?p=49) received the notification, and resubmits the plan as described in [paragraph (2)(C)](#b-2-C), the [Secretary](/usc/20/7801.md?p=46) shall approve such plan unless the [Secretary](/usc/20/7801.md?p=46) determines the plan does not meet the requirements of section [6611(d)](/usc/20/6611.md?p=d), [7113(c)](/usc/20/7113.md?p=c), or [7173](/usc/20/7173.md) of this title, or part C, as applicable.
  - (4) **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 [paragraph (2)(A)](#b-2-A) prior to the expiration of the 45-day period beginning on the date on which the [State educational agency](/usc/20/7801.md?p=49) received the notification, such plan shall be deemed to be disapproved.
- (c) **Limitation—** A plan submitted under section [6611(d)](/usc/20/6611.md?p=d), [7113(c)](/usc/20/7113.md?p=c), [7173](/usc/20/7173.md), or [7842](/usc/20/7842.md) of this title shall not be approved or disapproved based upon the nature of the activities proposed within such plan if such proposed activities meet the [applicable program](/usc/20/1221.md?p=c-1) requirements.
- (d) **Peer-review requirements—** Notwithstanding any other requirements of this part, the [Secretary](/usc/20/7801.md?p=46) shall ensure that any portion of a [consolidated State plan](/usc/20/7801.md?p=9) that is related to part A of subchapter I is subject to the peer-review process described in [section 6311(a)(4) of this title](/usc/20/6311.md?p=a-4).

## Source credit

(Pub. L. 89–10, title VIII, § 8451, as added Pub. L. 114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat. 2107.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 7871, Pub. L. 89–10, title IX, § 9151, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3792, established the National Advisory Council on Indian Education, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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 an Effective Date of 2015 Amendment note under section 6301 of this title.