(a) Submission of application A local educational agency may receive an allocation of funds under this part for any year for which the agency submits an application under this section that the State educational agency certifies under subsection (b) of this section. (b) Certification and contents of application The State educational agency shall certify each application submitted under subsection (a) of this section that includes each of the following: (1) A description of locally identified needs relative to the purposes of this part and to the innovative assistance programs described in section 7215 of this title. (2) A statement that sets forth the planned allocation of funds, based on the needs identified in subparagraph (A), among innovative assistance programs described in section 7215 of this title, a description of the programs that the local educational agency intends to support, and a description of the reasons for the selection of such programs. (3) Information setting forth the allocation of such funds required to implement section 7217a of this title. (4) A description of how assistance under this part will contribute to improving student academic achievement or improving the quality of education for students. (5) An assurance that the local educational agency will comply with this part, including the provisions of section 7217a of this title concerning the participation of children enrolled in private nonprofit schools. (6) An assurance that the local educational agency will keep such records, and provide such information to the State educational agency, as may be reasonably required for fiscal audit and program evaluation (consistent with the responsibilities of the State educational agency under this part). (7) Provision, in the allocation of funds for the assistance authorized by this part and in the planning, design, and implementation of such innovative assistance programs, for systematic consultation with parents of children attending elementary schools and secondary schools in the area served by the local educational agency, with teachers and administrative personnel in such schools, and with such other groups involved in the implementation of this part (such as librarians, school counselors, and other pupil services personnel) as may be considered appropriate by the local educational agency. (8) An assurance that - (A) programs carried out under this part will be evaluated annually; (B) the evaluation will be used to make decisions about appropriate changes in programs for the subsequent year; (C) the evaluation will describe how assistance under this part affected student academic achievement and will include, at a minimum, information and data on the use of funds, the types of services furnished, and the students served under this part; and (D) the evaluation will be submitted to the State educational agency at the time and in the manner requested by the State educational agency. (9) If the local educational agency seeks funds under section 7215(a)(23) of this title, a description of how the agency will comply with the guidelines issued by the Secretary regarding same-gender schools and classrooms under section 7215(c) of this title. (c) Period of application An application submitted by a local educational agency under subsection (a) of this section may seek allocations under this part for a period not to exceed 3 fiscal years.

The agency may amend the application annually, as may be necessary to reflect changes, without the filing of a new application. (d) Local educational agency discretion (1) In general Subject to the limitations and requirements of this part, a local educational agency shall have complete discretion in determining how funds made available to carry out this subpart will be divided among programs described in section 7215 of this title. (2) Limitation In exercising the discretion described in paragraph (1), a local educational agency shall ensure that expenditures under this subpart carry out the purposes of this part and are used to meet the educational needs within the schools served by the local educational agency.