dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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), 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: Statutory Notes and Related Subsidiaries
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) 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.] 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: Editorial Notes
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. 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: Statutory Notes and Related Subsidiaries
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...1244 (EDUCATION)
§§ 1241 to 1244. Omitted
heading: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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.
20 U.S.C. § 1404 (EDUCATION)
§ 1404. Acquisition of equipment; construction or alteration of facilities
(a) In general
If the Secretary determines that a program authorized under this chapter will be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes.
(b) Compliance with certain regulations
Any construction of new facilities or alteration of existing facilities under subsection (a) shall comply with the requirements of—
(1) appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the “Americans with Disabilities Accessibility Guidelines for Buildings and Facilities”); or
(2) appendix A of subpart 101–19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”).
(Pub. L. 91–230, title VI, § 605, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1404, Pub. L. 91–230, title VI, § 605, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 47, related to the acquisition of equipment and construction or alteration of facilities, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1404, Pub. L. 91–230, title VI, § 605, Apr. 13, 1970, 84 Stat. 177; Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100–630, title I, § 101(b), Nov. 7, 1988, 102 Stat. 3290; Pub. L. 102–119, § 25(a)(2), Oct. 7, 1991, 105 Stat. 605, related to acquisition of equipment and construction of necessary facilities, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
20 U.S.C. § 1405 (EDUCATION)
§ 1405. Employment of individuals with disabilities
The Secretary shall ensure that each recipient of assistance under this chapter makes positive efforts to employ and advance in employment qualified individuals with disabilities in programs assisted under this chapter.
(Pub. L. 91–230, title VI, § 606, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1405, Pub. L. 91–230, title VI, § 606, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 47, related to employment of individuals with disabilities by recipients of assistance under this chapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1405, Pub. L. 91–230, title VI, § 606, as added Pub. L. 94–142, § 6(a), Nov. 29, 1975, 89 Stat. 795; amended Pub. L. 101–476, title IX, § 901(b)(22), (23), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to employment of individuals with disabilities by recipients of assistance under this chapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
20 U.S.C. § 1407 (EDUCATION)
§ 1407. State administration
(a) Rulemaking
Each State that receives funds under this chapter shall—
(1) ensure that any State rules, regulations, and policies relating to this chapter conform to the purposes of this chapter;
(2) identify in writing to local educational agencies located in the State and the Secretary any such rule, regulation, or policy as a State-imposed requirement that is not required by this chapter and Federal regulations; and
(3) minimize the number of rules, regulations, and policies to which the local educational agencies and schools located in the State are subject under this chapter.
(b) Support and facilitation
State rules, regulations, and policies under this chapter shall support and facilitate local educational agency and school-level system improvement designed to enable children with disabilities to meet the challenging State student academic achievement standards.
(Pub. L. 91–230, title VI, § 608, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2661.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1407, Pub. L. 91–230, title VI, § 608, as added Pub. L. 98–199, § 6, Dec. 2, 1983, 97 Stat. 1359; amended Pub. L. 100–630, title I, § 101(d), Nov. 7, 1988, 102 Stat. 3290; Pub. L. 101–476, title IX, § 901(b)(24), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to regulation requirements, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
20 U.S.C. § 1409 (EDUCATION)
§ 1409. Freely associated States
The Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall continue to be eligible for competitive grants administered by the Secretary under this chapter to the extent that such grants continue to be available to States and local educational agencies under this chapter.
(Pub. L. 91–230, title VI, § 610, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2662.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1409, Pub. L. 91–230, title VI, § 610, as added Pub. L. 101–476, title I, § 104, Oct. 30, 1990, 104 Stat. 1106, provided administrative provisions applicable to former subchapters III to VII of this chapter and former section 1418 of this title, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
20 U.S.C. § 1433 (EDUCATION)
§ 1433. General authority
The Secretary shall, in accordance with this subchapter, make grants to States (from their allotments under section 1443 of this title) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families.
(Pub. L. 91–230, title VI, § 633, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1433, Pub. L. 91–230, title VI, § 633, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 108, related to the general authority of the Secretary, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1433, Pub. L. 91–230, title VI, § 633, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1371; Pub. L. 99–457, title III, § 310, Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100–630, title I, § 104(e), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101–476, title IV, § 403, title IX, § 901(b)(144), Oct. 30, 1990, 104 Stat. 1133, 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment of national clearinghouses, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
20 U.S.C. § 1434 (EDUCATION)
§ 1434. Eligibility
In order to be eligible for a grant under section 1433 of this title, a State shall provide assurances to the Secretary that the State—
(1) has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State; and
(2) has in effect a statewide system that meets the requirements of section 1435 of this title.
(Pub. L. 91–230, title VI, § 634, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1434, Pub. L. 91–230, title VI, § 634, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 108, related to grant eligibility, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1434, Pub. L. 91–230, title VI, § 634, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1372; Pub. L. 101–476, title IV, § 404, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102–119, § 9(c)(1), Oct. 7, 1991, 105 Stat. 595, related to reports to Secretary by recipients of grants and contracts, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.