20 U.S.C. § 1232c — State agency monitoring and enforcement
submitted 48 years ago by Pub. L. 90-247 to r/title-20-EDUCATION · 438 words · no verdicts yet
A State may be required to monitor local agencies receiving federal education funds and enforce federal requirements. It states these requirements.
(a) State plan. The Secretary* may require a State to submit a plan for monitoring local agencies’ compliance and enforcing federal requirements when federal funds reach them through or under a State board or agency. The plan may require (1) periodic visits by State personnel; (2) periodic audits by State auditors or other auditors outside the local educational agency’s control; and (3) State investigation and resolution of complaints received by the State or referred by the Secretary. (b) Enforcement. The State may (1) withhold approval of all or part of a local agency’s application until satisfied the requirements will be met, but final disapproval requires a hearing before an impartial hearing officer who finds substantial noncompliance; (2) suspend all or part of payments if it reasonably believes substantial noncompliance occurred, after giving 15 days to show cause, and may not continue the suspension beyond 60 days unless it gives the hearing notice required by paragraph (3); and (3) withhold all or part of payments after reasonable notice and a hearing before an impartial hearing officer who finds substantial noncompliance. (c) Withholding. A withholding under subsection (b)(3) continues until the State is satisfied that substantial noncompliance has ended.
In the case of any applicable program* in which Federal funds are made available to local agencies in a State through or under the supervision of a State board or agency, the Secretary* may require the State to submit a plan for monitoring compliance by local agencies with Federal requirements under such program and for enforcement by the State of such requirements. The Secretary may require such plan to provide—
for periodic visits by State personnel of programs administered by local agencies to determine whether such programs are being conducted in accordance with such requirements;
for periodic audits of expenditures under such programs by auditors of the State or other auditors not under the control, direction, or supervision of the local educational agency; and
that the State investigate and resolve all complaints received by the State, or referred to the State by the Secretary, relating to the administration of such programs.
In order to enforce the Federal requirements under any applicable program the State may—
withhold approval, in whole or in part, of the application of a local agency for funds under the program until the State is satisfied that such requirements will be met; except that the State shall not finally disapprove such an application unless the State provides the local agency an opportunity for a hearing before an impartial hearing officer and such officer determines that there has been a substantial failure by the local agency to comply with any of such requirements;
suspend payments to any local agency, in whole or in part, under the program if the State has reason to believe that the local agency has failed substantially to comply with any of such requirements, except that (A) the State shall not suspend such payments until fifteen days after the State provides the local agency an opportunity to show cause why such action should not be taken and (B) no such suspension shall continue in effect longer than sixty days unless the State within such period provides the notice for a hearing required under paragraph (3) of this subsection;
withhold payments, in whole or in part, under any such program if the State finds, after reasonable notice and opportunity for a hearing before an impartial hearing officer, that the local agency has failed substantially to comply with any of such requirements.
Any withholding of payments under subsection (b)(3) of this subsection 1 shall continue until the State is satisfied that there is no longer a failure to comply substantially with any of such requirements.
Source credit: (Pub. L. 90–247, title IV, § 440, formerly § 434, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2342; renumbered § 440 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 261(e), Oct. 20, 1994, 108 Stat. 3913, 3927.)
- 1978Enacted · Pub. L. 90-247 · 92 Stat. 2342
- 1994Amended · Pub. L. 103-382 · 108 Stat. 3913, 3927
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-247 on 1978-11-01.
all 0 arguments · sorted by: best
no arguments yet — make the first case