20 U.S.C. § 1231e — Use of funds withheld

submitted 56 years ago by Pub. L. 90-247 to r/title-20-EDUCATION · 244 words · no verdicts yet

in plain englishAI-generated · not legal advice

When calculating a State’s allotment, the Secretary must exclude data from local agencies that are ineligible because they violated specified civil-rights laws. Withheld money may be redistributed or used for education-equity and antidiscrimination programs.

(a) Whenever the Secretary makes or reallocates an allotment to a State under an applicable program, the Secretary must reduce it by the amount that would have been excluded if the calculation had left out all data about local educational agencies that, on that date, could not receive the Federal assistance because they failed to comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 794 of title 29, or the Age Discrimination Act of 1975. (b) The Secretary may use withheld money (1) to increase allotments or reallocations for eligible local agencies in that State, or for all States, under the law governing the program; or (2) for grants to that State’s local agencies under section 405 of the Civil Rights Act of 1964, or for another Department program designed to improve education equity or remedy discrimination based on race, color, national origin, sex, age, or disability.

the actual law source: uscode.house.gov ↗public domain

(a)

At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 794 of title 29, or the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.].

(b)

The Secretary may use any funds withheld under subsection (a)—

(1)

to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or

(2)

for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [42 U.S.C. 2000c–4], or for any other program administered by the Department that is designed to enhance equity in education or redress discrimination on the basis of race, color, national origin, sex, age, or disability.

Source credit: (Pub. L. 90–247, title IV, § 435, formerly § 416, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 168; renumbered § 426, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 428, Pub. L. 93–380, title V, § 508(a), Aug. 21, 1974, 88 Stat. 565; renumbered § 435 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 245, Oct. 20, 1994, 108 Stat. 3913, 3922.)

history & why it existsrecord from the source credit

1970Enacted · Pub. L. 90-247 · 84 Stat. 168
1972Amended · Pub. L. 92-318 · 86 Stat. 326
1974Amended · Pub. L. 93-380 · 88 Stat. 565
1994Amended · Pub. L. 103-382 · 108 Stat. 3913, 3922

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-247 on 1970-04-13.

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