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20 U.S.C. § 1232f (EDUCATION)
§ 1232f. Records
(a) Records kept by recipient; full disclosure; maintenance period
Each recipient of Federal funds under any applicable program through any grant, subgrant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit. The recipient shall maintain such rec­ords for three years after the completion of the activity for which the funds are used.
(b) Audit examination
The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit examination, to any rec­ords maintained by a recipient that may be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements to which reference is made in subsection (a) of this section, or which may relate to the compliance of the recipient with any requirement of an applicable program.
(Pub. L. 90–247, title IV, § 443, formerly § 437, as added Pub. L. 95–561, title XII, § 1231(c), Nov. 1, 1978, 92 Stat. 2346; renumbered § 443 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 248, Oct. 20, 1994, 108 Stat. 3913, 3924.)
heading: Prior Provisions
text: A prior section 443 of Pub. L. 90–247 was classified to section 1233b of this title prior to repeal by Pub. L. 103–382.
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–382, § 248(1), substituted “grant, subgrant, cooperative agreement, loan, or other arrangement” for “grant, subgrant, contract, subcontract, loan, or other arrangement (other than procurement contracts awarded by an administrative head of an educational agency)”, inserted “financial or programmatic” before “audit.”, and substituted “three years” for “five years”.
Subsec. (b). Pub. L. 103–382, § 248(2), substituted “to any records maintained by a recipient that may be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements” for “to any records of a recipient which may be related, or pertinent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements”.
heading: Effective Date
text: Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title.
20 U.S.C. § 1234c (EDUCATION)
§ 1234c. Remedies for existing violations
(a) Whenever the Secretary has reason to believe that any recipient of funds under any applicable program is failing to comply substantially with any requirement of law applicable to such funds, the Secretary may—
(1) withhold further payments under that program, as authorized by section 1234d of this title;
(2) issue a complaint to compel compliance through a cease and desist order of the Office, as authorized by section 1234e of this title;
(3) enter into a compliance agreement with a recipient to bring it into compliance, as authorized by section 1234f of this title; or
(4) take any other action authorized by law with respect to the recipient.
(b) Any action, or failure to take action, by the Secretary under this section shall not preclude the Secretary from seeking a recovery of funds under section 1234a of this title.
(Pub. L. 90–247, title IV, § 454, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2349; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 354.)
heading: Amendments
text: 1988—Pub. L. 100–297 amended section generally, substituting provisions relating to remedies for existing violations for provisions relating to cease and desist orders. See section 1234e of this title.
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.
20 U.S.C. § 1234d (EDUCATION)
§ 1234d. Withholding
(a) Discretionary authority over further payments under applicable program
In accordance with section 1234c of this title, the Secretary may withhold from a recipient, in whole or in part, further payments (including payments for administrative costs) under an applicable program.
(b) Notice requirements
Before withholding payments, the Secretary shall notify the recipient, in writing, of—
(1) the intent to withhold payments;
(2) the factual and legal basis for the Secretary’s belief that the recipient has failed to comply substantially with a requirement of law; and
(3) an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient.
(c) Hearing
The hearing shall be held before the Office and shall be conducted in accordance with the rules prescribed pursuant to subsections (f) and (g) of section 1234 of this title.
(d) Suspension of payments, authorities, etc.
Pending the outcome of any hearing under this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate Federal funds, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate Federal funds should not be suspended.
(e) Findings of fact
Upon review of a decision of the Office by the Secretary, the findings of fact by the Office, if supported by substantial evidence, shall be conclusive. However, the Secretary, for good cause shown, may remand the case to the Office to take further evidence, and the Office may thereupon make new or modified findings of fact and may modify its previous action. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(f) Final agency action
The decision of the Office in any hearing under this section shall become final agency action 60 days after the recipient receives written notice of the decision unless the Secretary either—
(1) modifies or sets aside the decision, in whole or in part, in which case the decision of the Secretary shall become final agency action when the recipient receives written notice of the Secretary’s action; or
(2) remands the decision of the Office.
(Pub. L. 90–247, title IV, § 455, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2350; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 354.)
heading: Amendments
text: 1988—Pub. L. 100–297 amended section generally, substituting provisions relating to withholding for provisions relating to judicial review. See section 1234g of this title.
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.
20 U.S.C. § 1234e (EDUCATION)
§ 1234e. Cease and desist orders
(a) Issuance and contents of complaint
In accordance with section 1234c of this title, the Secretary may issue to a recipient under an applicable program a complaint which—
(1) describes the factual and legal basis for the Secretary’s belief that the recipient is failing to comply substantially with a requirement of law; and
(2) contains a notice of a hearing to be held before the Office on a date at least 30 days after the service of the complaint.
(b) Appearance contesting order
The recipient upon which a complaint has been served shall have the right to appear before the Office on the date specified and to show cause why an order should not be entered by the Office requiring the recipient to cease and desist from the violation of law charged in the complaint.
(c) Report; issuance of cease and desist order
The testimony in any hearing held under this section shall be reduced to writing and filed with the Office. If upon that hearing the Office is of the opinion that the recipient is in violation of any requirement of law as charged in the complaint, the Office shall—
(1) make a report in writing stating its findings of fact; and
(2) issue to the recipient an order requiring the recipient to cease and desist from the practice, policy, or procedure which resulted in the violation.
(d) Report and order as final agency action
The report and order of the Office under this section shall become the final agency action when the recipient receives the report and order.
(e) Enforcement of final order
The Secretary may enforce a final order of the Office under this section which becomes final agency action by—
(1) withholding from the recipient any portion of the amount payable to it, including the amount payable for administrative costs, under the applicable program; or
(2) certifying the facts to the Attorney General who shall cause an appropriate proceeding to be brought for the enforcement of the order.
(Pub. L. 90–247, title IV, § 456, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2351; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 355.)
heading: Amendments
text: 1988—Pub. L. 100–297 amended section generally, substituting provisions relating to cease and desist orders for provisions relating to use of recovered funds. See section 1234h of this title.
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.
20 U.S.C. § 1234f (EDUCATION)
§ 1234f. Compliance agreements
(a) Discretionary authority; purposes of agreement
In accordance with section 1234c of this title, the Secretary may enter into a compliance agreement with a recipient under an applicable program. The purpose of any compliance agreement under this section shall be to bring the recipient into full compliance with the applicable requirements of law as soon as feasible and not to excuse or remedy past violations of such requirements.
(b) Procedures applicable
(1) Before entering into a compliance agreement with a recipient, the Secretary shall hold a hearing at which the recipient, affected students and parents or their representatives, and other interested parties are invited to participate. The recipient shall have the burden of persuading the Secretary that full compliance with the applicable requirements of law is not feasible until a future date.
(2) If the Secretary determines, on the basis of all the evidence presented, that full compliance is genuinely not feasible until a future date, the Secretary shall make written findings to that effect and shall publish those findings, along with the substance of any compliance agreement, in the Federal Register.
(c) Contents
A compliance agreement under this section shall contain—
(1) an expiration date not later than 3 years from the date of the written findings under subsection (b)(2) of this section, by which the recipient shall be in full compliance with the applicable requirements of law, and
(2) those terms and conditions with which the recipient must comply until it is in full compliance.
(d) Failure of recipient to comply with terms and conditions
If a recipient fails to comply with the terms and conditions of a compliance agreement under this section, the Secretary may consider that compliance agreement to be no longer in effect, and the Secretary may take any action authorized by law with respect to the recipient.
(Pub. L. 90–247, title IV, § 457, as added Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 355.)
heading: Effective Date
text: Section effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1234 of this title.
20 U.S.C. § 1234g (EDUCATION)
§ 1234g. Judicial review
(a) Recipients entitled to review; stay of action by Secretary
Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in section 1232d(a) of this title whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed.
(b) Petition for review; filing of record
A recipient that desires judicial review of an action described in subsection (a) of this section shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in section 2112 of title 28.
(c) Findings of fact
The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(d) Scope of review; review by Supreme Court
The court shall have jurisdiction to affirm the action of the Office or the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(Pub. L. 90–247, title IV, § 458, as added Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 356; amended Pub. L. 103–382, title II, § 212(b)(3)(D), Oct. 20, 1994, 108 Stat. 3913.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–382 made technical amendment to reference to section 1232d(a) of this title to reflect renumbering of corresponding section of original act.
heading: Effective Date
text: Section effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1234 of this title.
20 U.S.C. § 1234i (EDUCATION)
§ 1234i. Definitions
For purposes of this subchapter:
(1) The term “recipient” means a recipient of a grant or cooperative agreement under an applicable program.
(2) The term “applicable program” excludes programs authorized by the Higher Education Act of 1965 [20 U.S.C. 1001 et seq., 42 U.S.C. 2751 et seq.] and assistance programs provided under the Act of September 30, 1950 1 (Public Law 874, 81st Congress), and the Act of September 23, 1950 1 (Public Law 815, 81st Congress).
(Pub. L. 90–247, title IV, § 460, as added Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 357.)
heading: References in Text
text: The Higher Education Act of 1965, referred to in par. (2), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title and part C (§ 2751 et seq.) of subchapter I of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Act of September 30, 1950 (Public Law 874, 81st Congress), referred to in par. (2), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, which was classified generally to chapter 13 (§ 236 et seq.) of this title prior to repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965. For complete classification of this Act to the Code, see Tables.
Act of September 23, 1950 (Public Law 815, 81st Congress), referred to in par. (2), is act Sept. 23, 1950, ch. 995, as amended generally by act Aug. 12, 1958, Pub. L. 85–620, title I, 72 Stat. 548, which was classified generally to chapter 19 (§ 631 et seq.) of this title prior to repeal by Pub. L. 103–382, title III, § 331(a), Oct. 20, 1994, 108 Stat. 3965. For complete classification of this Act to the Code, see Tables.
heading: Effective Date
text: Section effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1234 of this title.
20 U.S.C. § 1241 to 1244 (EDUCATION)
§§ 1241 to 1244. Omitted
heading: Codification
text: Section 1241, Pub. L. 88–210, title I, § 101, as added Pub. L. 90–576, title I, § 101(b), Oct. 16, 1968, 82 Stat. 1064, set forth Congressional declaration of purpose for vocational education assistance by Federal government.
Section 1242, Pub. L. 88–210, title I, § 102, as added Pub. L. 90–576, title I, § 101(b), Oct. 16, 1968, 82 Stat. 1064; amended Pub. L. 91–230, title VII, § 701, Apr. 13, 1970, 84 Stat. 188; Pub. L. 92–318, title II, § 201, June 23, 1972, 86 Stat. 325; Pub. L. 93–380, title VIII, § 841(a)(1), Aug. 21, 1974, 88 Stat. 606; Pub. L. 94–482, title II, § 201(a)–(c), Oct. 12, 1976, 90 Stat. 2168, authorized appropriations for vocational education assistance programs, etc.
Section 1243, Pub. L. 88–210, title I, § 103, as added Pub. L. 90–576, title I, § 101(b), Oct. 16, 1968, 82 Stat. 1065; amended Pub. L. 91–230, title VII, § 702, Apr. 13, 1970, 84 Stat. 189; Pub. L. 94–273, § 9(3), Apr. 21, 1976, 90 Stat. 378; Pub. L. 94–482, title II, § 201(d), Oct. 12, 1976, 90 Stat. 2168, set forth provisions relating to allotments among States of vocational education assistance.
Section 1244, Pub. L. 88–210, title I, § 104, as added Pub. L. 90–576, title I, § 101(b), Oct. 16, 1968, 82 Stat. 1066; amended Pub. L. 91–230, title IV, § 401(h)(6), title VII, § 703, Apr. 13, 1970, 84 Stat. 174, 189; Pub. L. 92–318, title II, § 209, title V, § 509(b), June 23, 1972, 86 Stat. 326, 353; Pub. L. 93–380, title VIII, §§ 841(a)(1)–(3), 845(g), Aug. 21, 1974, 88 Stat. 606, 607, 612; Pub. L. 93–567, title I, § 108, Dec. 31, 1974, 88 Stat. 1849; Pub. L. 94–273, § 3(13), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–482, title II, § 201(e), (f), Oct. 12, 1976, 90 Stat. 2168, authorized establishment of National and State Advisory Councils on Vocational Education and set forth provisions relating to membership, functions, etc., of such councils.
20 U.S.C. § 1245, 1246 (EDUCATION)
§§ 1245, 1246. Repealed. Pub. L. 91–230, title IV, § 401(f)(8), (g)(6), Apr. 13, 1970, 84 Stat. 174
text: Sections 1245, 1246, Pub. L. 88–210, title I, §§ 105, 106, as added Pub. L. 90–576, title I, § 101(b), Oct. 16, 1968, 82 Stat. 1069, prohibited Federal control of education (curriculum, program of instruction, administration, or personnel of any educational institution or school system), and related to labor standards requirement (prevailing wage rates), and were superseded by sections 1232a and 1232b of this title, respectively.
20 U.S.C. § 1402 (EDUCATION)
§ 1402. Office of Special Education Programs
(a) Establishment
There shall be, within the Office of Special Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs, which shall be the principal agency in the Department for administering and carrying out this chapter and other programs and activities concerning the education of children with disabilities.
(b) Director
The Office established under subsection (a) shall be headed by a Director who shall be selected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services.
(c) Voluntary and uncompensated services
Notwithstanding section 1342 of title 31, the Secretary is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this chapter.
(Pub. L. 91–230, title VI, § 603, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
heading: Prior Provisions
text: A prior section 1402, Pub. L. 91–230, title VI, § 603, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 46, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1402, Pub. L. 91–230, title VI, § 603, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, § 612(a), Aug. 21, 1974, 88 Stat. 579; Pub. L. 98–199, § 3(a), Dec. 2, 1983, 97 Stat. 1357; Pub. L. 101–476, title IX, § 901(b)(21), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
20 U.S.C. § 1403 (EDUCATION)
§ 1403. Abrogation of State sovereign immunity
(a) In general
A State shall not be immune under the 11th amendment to the Constitution of the United States from suit in Federal court for a violation of this chapter.
(b) Remedies
In a suit against a State for a violation of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in the suit against any public entity other than a State.
(c) Effective date
Subsections (a) and (b) apply with respect to violations that occur in whole or part after October 30, 1990.
(Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
heading: Prior Provisions
text: A prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 47, related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 101–476, title I, § 103, Oct. 30, 1990, 104 Stat. 1106, related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
Another prior section 1403, Pub. L. 91–230, title VI, § 604, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, § 613, Aug. 21, 1974, 88 Stat. 580; Pub. L. 94–273, §§ 3(14), 13(2), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98–199, § 4, Dec. 2, 1983, 97 Stat. 1358, established the National Advisory Committee on the Education of Handicapped Children and Youth, prior to repeal by Pub. L. 99–457, title IV, § 407, Oct. 8, 1986, 100 Stat. 1177.