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US (United States) Code. Title 20. Chapter 31: General Provisions concerning Education

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-CITE-

20 USC CHAPTER 31 - GENERAL PROVISIONS CONCERNING

EDUCATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

-HEAD-

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

-MISC1-

Sec.

1221. Short title; applicability; definitions.

(a) Short title.

(b) Applicability of chapter.

(d) Application of other laws unaffected.

1221-1. National policy with respect to equal educational

opportunity.

1221-2. National policy with respect to museums as

educational institutions.

1221-3. Repealed.

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

1221a to 1221e-1c. Repealed.

1221e-1d. Use of Council staff and facilities.

1221e-2. Repealed.

1221e-3. General authority of Secretary.

(a) Rules and regulations for agency operation;

personnel; gifts; transactions;

construction of facilities; acquisition

and disposal of property; reimbursement

of Federal agencies for use of services.

(b) Qualifications of persons engaged in

competitive review of grant applications.

(d) ''Administrative head of an education

agency'' defined.

1221e-4. Educational impact statement.

1221f to 1221i. Repealed.

1221j. Television program assistance.

(a) Granting and contracting authority.

(b) Administration and studies.

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

PART 1 - APPROPRIATIONS

1222. Repealed.

1223. Forward funding.

1224. Repealed.

1225. Availability of appropriations on academic or

school-year basis; additional period for

obligation of funds.

(a) Academic or differing fiscal year.

(b) Succeeding fiscal year.

1226. Repealed.

1226a. Contingent extension of programs.

(a) Automatic extension.

(b) Amount of appropriation.

program continuation.

(d) Application to commissions, councils, and

committees required by law to terminate.

1226a-1. Payments; installments, advances or reimbursement,

and adjustments.

PART 2 - PLANNING AND EVALUATION OF FEDERAL EDUCATION ACTIVITIES

1226b. Responsibility of States to furnish information.

(a) Biennial reports; contents.

(b) Additional contents.

(d) Availability of information.

(e) Congressional telecommunications network.

(f) Reports by Secretary.

1226c. Biennial evaluation report.

1226c-1. Availability of education reports, etc., to

Congressional committees.

1226d, 1227. Repealed.

1228. Prohibition against use of appropriated funds for

busing.

1228a. Equity for students, teachers, and other program

beneficiaries.

(a) Purpose.

(b) Requirement to develop steps to ensure

equity.

(d) Effect on other laws.

1228b. Coordination.

1228c. Disclosure requirements.

(a) In general.

(b) Nondiscriminatory enrollment and service

policy.

(d) Definitions.

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

1230. Repealed.

PART 1 - GENERAL AUTHORITY

1231. Joint funding of programs.

(a) Joint projects; transfers of

appropriations; contracts or grants;

criteria.

(b) Joint applications.

(d) Congressional notice.

1231a. Collection and dissemination of information.

1231b, 1231b-1. Repealed.

1231b-2. Review of applications.

(a) Persons aggrieved; final State educational

agency actions; hearing; ruling and

reasons for ruling; rescission of final

actions.

(b) Appeals to Secretary; persons aggrieved;

notice; orders prescribing appropriate

agency actions; finality of agency fact

findings; interim orders pending appeal

or review.

(d) Termination of assistance for noncompliance

with provisions or orders.

1231c. Advice, counsel, and technical assistance.

(a) State educational agencies, institutions of

higher education.

(b) Cost allocation, collection, etc., by local

educational agencies.

(d) Annual report by Secretary.

1231c-1. Repealed.

1231d. Parental involvement and dissemination.

1231e. Use of funds withheld.

1231f. Repealed.

PART 2 - ADMINISTRATION: REQUIREMENTS AND LIMITATIONS

1231g. Applications.

(a) Submission and amendments of applications.

(b) Uniform dates.

1232. Regulations.

(a) ''Regulation'' defined.

(b) Citation of authority.

(d) Application of exemption.

(e) Schedule for promulgation of final

regulations.

(f) Transmittal of final regulations.

1232-1. Repealed.

1232a. Prohibition against Federal control of education.

1232b. Labor standards.

PART 3 - ADMINISTRATION OF EDUCATION PROGRAMS AND PROJECTS BY

STATES AND LOCAL EDUCATIONAL AGENCIES

1232c. State educational agency monitoring and

enforcement.

(a) State plan.

(b) State enforcement of Federal requirements.

1232d. Single State application.

(a) Submission of general application; approval

by State supervisory authority.

(b) Assurances.

1232e. Single local educational agency application.

(a) General application to State agency or

board.

(b) Assurances.

PART 4 - RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS

1232f. Records.

(a) Records kept by recipient; full disclosure;

maintenance period.

(b) Audit examination.

1232g. Family educational and privacy rights.

(a) Conditions for availability of funds to

educational agencies or institutions;

inspection and review of education

records; specific information to be made

available; procedure for access to

education records; reasonableness of time

for such access; hearings; written

explanations by parents; definitions.

(b) Release of education records; parental

consent requirement; exceptions;

compliance with judicial orders and

subpoenas; audit and evaluation of

federally-supported education programs;

recordkeeping.

regulations.

(d) Students' rather than parents' permission

or consent.

(e) Informing parents or students of rights

under this section.

(f) Enforcement; termination of assistance.

(g) Office and review board; creation;

functions.

(h) Disciplinary records; disclosure.

(i) Drug and alcohol violation disclosures.

(j) Investigation and prosecution of terrorism.

1232h. Protection of pupil rights.

(a) Inspection of instructional materials by

parents or guardians.

(b) Limits on survey, analysis, or evaluations.

student privacy, parental access to

information, and administration of

certain physical examinations to minors.

(d) Notice.

(e) Enforcement.

(f) Office and review board.

1232i. Limitations on withholding of Federal assistance.

(a) Refusal to supply personal data on students

or families.

(b) Noncompliance with nondiscrimination

provisions of Federal law.

quotas.

1232j. Prohibition on federally sponsored testing.

(a) General prohibition.

(b) Exceptions.

SUBCHAPTER IV - ENFORCEMENT

1234. Office of Administrative Law Judges.

(a) Establishment; duties.

(b) Appointment.

(d) Assignment of judges.

(e) Review and evidentiary functions.

(f) Conduct of proceedings; costs and fees of

parties.

(g) Discovery; scope, time, etc.; issue and

enforcement of subpoenas.

(h) Mediation of disputes.

(i) Professional personnel; employment,

assignment, or transfer.

1234a. Recovery of funds.

(a) Preliminary departmental decision; grounds

of determination; notice requirements;

prima facie case; amount of funds

recoverable.

(b) Review of preliminary departmental

decision; form and contents of

application for review; inadequate

preliminary decisions; duties of

recipient to subrecipients after

preliminary decision; burden of proof.

(d) Review of findings of fact in preliminary

decision; conclusiveness; remand; new or

modified findings.

(e) Time for filing petition for review of

preliminary decision.

(f) Stay of collection or other adverse action

by Secretary against recipient.

(g) Preliminary decision as final agency

action.

(h) Publication of decisions as final agency

actions.

(i) Collection amounts and procedures.

(j) Compromise of preliminary departmental

decisions; preconditions; notice

requirements.

(k) Limitation period respecting return of

funds.

(l) Foregoing of interest during period of

administrative review.

1234b. Measure of recovery.

(a) Amount returned proportionate to extent of

harm violation caused to an identifiable

Federal interest; reduction;

determination of identifiable Federal

interest.

(b) Reduction or waiver of amount based on

mitigating circumstances; burden of

proof; determination of mitigating

circumstances; weight, etc., of written

request for guidance.

periodic basis.

1234c. Remedies for existing violations.

1234d. Withholding.

(a) Discretionary authority over further

payments under applicable program.

(b) Notice requirements.

(d) Suspension of payments, authorities, etc.

(e) Findings of fact.

(f) Final agency action.

1234e. Cease and desist orders.

(a) Issuance and contents of complaint.

(b) Appearance contesting order.

(d) Report and order as final agency action.

(e) Enforcement of final order.

1234f. Compliance agreements.

(a) Discretionary authority; purposes of

agreement.

(b) Procedures applicable.

(d) Failure of recipient to comply with terms

and conditions.

1234g. Judicial review.

(a) Recipients entitled to review; stay of

action by Secretary.

(b) Petition for review; filing of record.

(d) Scope of review; review by Supreme Court.

1234h. Use of recovered funds.

(a) Repayment to recipient; factors considered.

(b) Terms and conditions of repayment.

(d) Publication in Federal Register of notice

of intent to enter into repayment

arrangement.

1234i. Definitions.

SUBCHAPTER V - READY TO LEARN TELEVISION

1235 to 1235g. Repealed.

AMENDMENTS

1970 - Pub. L. 91-230, title IV, Sec. 401(a)(1), Apr. 13, 1970,

84 Stat. 164, substituted as chapter heading ''GENERAL PROVISIONS

CONCERNING EDUCATION'' for ''LEADTIME AND PLANNING AND EVALUATION

IN ELEMENTARY AND SECONDARY EDUCATION PROGRAMS''.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1652, 3441, 3489, 6104,

6777, 7001, 9134 of this title; title 42 section 2473b.

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20 USC Sec. 1221 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

-HEAD-

Sec. 1221. Short title; applicability; definitions

-STATUTE-

(a) Short title

This chapter may be cited as the ''General Education Provisions

Act''.

(b) Applicability of chapter

(1) Except as otherwise provided, this chapter applies to each

applicable program of the Department of Education.

(2) Except as otherwise provided, this chapter does not apply to

any contract made by the Department of Education.

As used in this chapter, the following terms have the following

meanings:

(1) The term ''applicable program'' means any program for which

the Secretary or the Department has administrative responsibility

as provided by law or by delegation of authority pursuant to

law. The term includes each program for which the Secretary or

the Department has administrative responsibility under the

Department of Education Organization Act (20 U.S.C. 3401 et seq.)

or under Federal law effective after the effective date of that

Act.

(2) The term ''applicable statute'' means -

(A) the Act or the title, part, section, or any other

subdivision of an Act, as the case may be, that authorizes the

appropriation for an applicable program;

(B) this chapter; and

the administration of an applicable program.

(3) The term ''Department'' means the Department of Education.

(4) The term ''Secretary'' means the Secretary of Education.

(d) Application of other laws unaffected

Nothing in this chapter shall be construed to affect the

applicability of 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.), title V of the Rehabilitation Act of 1973

(29 U.S.C. 790 et seq.), the Age Discrimination Act (42 U.S.C. 6101

et seq.), or other statutes prohibiting discrimination, to any

applicable program.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 400, formerly Sec. 401, Jan. 2,

1968, 81 Stat. 814; Pub. L. 90-576, title III, Sec. 301(a), Oct.

16, 1968, 82 Stat. 1094; Pub. L. 91-230, title IV, Sec. 401(a)(2),

Apr. 13, 1970, 84 Stat. 164; renumbered Sec. 400, Pub. L. 92-318,

title III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; Pub. L.

93-380, title V, Sec. 505(a)(1), Aug. 21, 1974, 88 Stat. 561; Pub.

L. 103-382, title II, Sec. 211, Oct. 20, 1994, 108 Stat. 3912.)

-REFTEXT-

REFERENCES IN TEXT

The Department of Education Organization Act, referred to in

subsec. (c)(1), is Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 668, as

amended, which is classified principally to chapter 48 (Sec. 3401

et seq.) of this title. For the effective date of the Act, see

Effective Date note set out under section 3401 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 3401 of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (d), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Act is classified generally to subchapter V (Sec. 2000d et seq.) of

chapter 21 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 2000a of Title 42 and Tables.

The Education Amendments of 1972, referred to in subsec. (d), is

Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX

of the Act, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, is classified principally to chapter 38 (Sec. 1681

et seq.) of this title. For complete classification of title IX to

the Code, see Short Title note set out under section 1681 of this

title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (d), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V

of the Act is classified generally to subchapter V (Sec. 790 et

seq.) of chapter 16 of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

701 of Title 29 and Tables.

The Age Discrimination Act, referred to in subsec. (d), probably

means the Age Discrimination Act of 1975, which is title III of

Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, and which

is classified generally to chapter 76 (Sec. 6101 et seq.) 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

6101 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-382 amended section generally, inserting

provision that this chapter not apply to any contract made by the

Department of Education, substituting definition of ''Department''

as meaning Department of Education for definition of ''Director''

as meaning Director of the National Institute of Education,

striking out reference to the Civil Rights Act of 1964, adding

references to title VI of the Civil Rights Act of 1964, title IX of

the Education Amendments of 1972, title V of the Rehabilitation Act

of 1973, the Age Discrimination Act, and other statutes prohibiting

discrimination, and striking out provision authorizing

appropriations for any fiscal year of such sums as may be necessary

to carry out the provisions of this chapter.

1974 - Subsec. (a). Pub. L. 93-380 redesignated subsec. (d) as

(a). Former subsec. (a) provisions ''The provisions of this chapter

shall apply to any program for which the Commissioner of Education

has responsibility for administration, either as provided by

statute or by delegation pursuant to statute. Amendments to Acts

authorizing such programs shall not affect the applicability of

this chapter unless so specified by such amendments'' were

incorporated in part in subsec. (b).

Subsec. (b). Pub. L. 93-380 incorporated subsec. (a) provisions

in subsec. (b), inserting introductory text ''Except where

otherwise specified,'', substituting ''an administrative head of an

education agency has administrative responsibility as provided by

law or by delegation of authority pursuant to law'' for ''the

Commissioner of Education has responsibility for administration,

either as provided by statute or by delegation pursuant to

statute.'', deleting ''Amendments to Acts authorizing such programs

shall not affect the applicability of this chapter unless so

specified by such amendments.'' Former subsec. (b) definition

provisions for ''Commissioner'', ''Secretary'', and ''applicable

program'' incorporated in subsec. (c)(1).

Subsec. (c). Pub. L. 93-380 incorporated subsec. (b)(3), (1), (2)

provisions in par. (1)(A), (D), (F), respectively; inserted in par.

(1)(A) '', under the terms of subsection (b) of this section,'';

and added pars. (1)(B), (C), (E), (2), and (3). Former subsec. (c)

provisions ''There are hereby authorized to be appropriated for any

fiscal year, as part of the appropriations for salaries and

expenses for the Office of Education, such sums as the Congress may

determine to be necessary to carry out the provisions of this

chapter,'' incorporated in subsec. (d).

Subsec. (d). Pub. L. 93-380 incorporated subsec. (c) provisions

in provisions designated as subsec. (d), inserting introductory

text ''Except as otherwise limited in this chapter,'', and deleting

'', as part of the appropriations for salaries and expenses for the

Office of Education,'' after ''fiscal year''. Former subsec. (d)

redesignated (a).

Subsec. (e). Pub. L. 93-380 added subsec. (e).

1970 - Pub. L. 91-230, Sec. 401(a)(2)(A), provided for

definitions and authorization of appropriations in section

catchline.

Subsecs. (b), (c). Pub. L. 91-230, Sec. 401(a)(2)(B), added

subsecs. (b) and (c).

1968 - Pub. L. 90-576 substituted general reference to ''any

program for which the Commissioner of Education has responsibility

for administration, either as provided by statute or by delegation

pursuant to statute'' for specific references to ''title I of the

Elementary and Secondary Education Act of 1965 (title II of Pub. L.

81-874), titles II, III, V, VI, VII, and VIII of the Elementary and

Secondary Education Act of 1965, and the Adult Education Act of

1966 (title III of the Elementary and Secondary Education

Amendments of 1966), as now in effect or hereafter from time to

time amended'' as the areas in which the provisions of this chapter

shall apply and inserted provision that amendments to the programs

covered shall not affect the applicability of this chapter unless

so specified by such amendments.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 3(a)(2) of Pub. L. 103-382 provided that: ''Title II of

this Act (Sec. 211 to 272 of Pub. L. 103-382, see Tables for

classification) and the amendments made by title II of this Act

shall take effect on the date of enactment of this Act (Oct. 20,

1994), except that section 236 (enacting section 1228a of this

title) (equity for students, teachers, and other program

beneficiaries) of such title shall be effective -

''(A) July 1, 1995 for noncompetitive programs in which funds

are allocated on the basis of a formula; and

''(B) for programs that are conducted on a competitive basis,

with respect to appropriations for use under such programs in

fiscal year 1995 and in subsequent fiscal years.''

EFFECTIVE DATE OF 1974 AMENDMENT

Section 505(b) of Pub. L. 93-380 provided that: ''The amendments

made by subsection (a) (amending this section and section 1221g of

this title) shall be effective on the tenth day after the date of

enactment of this Act (Aug. 21, 1974).''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-297, title III, Sec. 3401, Apr. 28, 1988, 102 Stat.

344, provided that: ''This part (part C (Sec. 3401-3403) of title

III of Pub. L. 100-297, amending sections 1221e and 1221e-1 of this

title and enacting provisions set out as a note under section

1221e-1 of this title) may be cited as the 'National Assessment of

Educational Progress Improvement Act'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-561, title XII, Sec. 1211, Nov. 1, 1978, 92 Stat.

2338, provided that: ''This part (enacting sections 1221-3 and

1231g of this title and amending section 1221e-1 of this title) may

be cited as the 'Control of Paperwork Amendments of 1978'.''

SHORT TITLE OF 1974 AMENDMENT

Section 513(b)(2) of Pub. L. 93-380 provided that: ''This section

(enacting section 1232g of this title and provisions set out as a

note under section 1232g of this title) may be cited as the 'Family

Educational Rights and Privacy Act of 1974'.''

-EXEC-

EXECUTIVE ORDER NO. 11761

Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, which provided

for coordination of Federal educational programs and which

continued Federal Interagency Committee on Education, was revoked

by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

EXECUTIVE ORDER NO. 12687

Ex. Ord. No. 12687, Aug. 15, 1989, 54 F.R. 34127, as amended by

Ex. Ord. No. 12741, Dec. 31, 1990, 56 F.R. 475; Ex. Ord. No. 12785,

Dec. 26, 1991, 56 F.R. 67451, which established the President's

Education Policy Advisory Committee to advise the President with

respect to objectives and conduct of overall education policy of

the United States, was revoked by Ex. Ord. No. 12869, Sec. 4(e),

Sept. 30, 1993, 58 F.R. 51751, formerly set out under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1228a, 3601, 3603 of this

title.

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20 USC Sec. 1221-1 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

-HEAD-

Sec. 1221-1. National policy with respect to equal educational

opportunity

-STATUTE-

Recognizing that the Nation's economic, political, and social

security require a well-educated citizenry, the Congress (1)

reaffirms, as a matter of high priority, the Nation's goal of equal

educational opportunity, and (2) declares it to be the policy of

the United States of America that every citizen is entitled to an

education to meet his or her full potential without financial

barriers.

-SOURCE-

(Pub. L. 93-380, title VIII, Sec. 801, Aug. 21, 1974, 88 Stat.

597.)

-COD-

CODIFICATION

Section was enacted as part of Education Amendments of 1974, and

not as part of General Education Provisions Act which comprises

this chapter.

-MISC3-

EFFECTIVE DATE

Section 2(c) of Pub. L. 93-380 provided that:

''(1) Unless otherwise specified, each provision of this Act (see

Tables for classification) and each amendment made by this Act

shall be effective on and after the sixtieth day after the

enactment of this Act (Aug. 21, 1974).

''(2) In any case where the effective date for an amendment made

by this Act is expressly stated to be effective after June 30,

1973, or on July 1, 1973, such amendment shall be deemed to have

been enacted on June 30, 1973.''

STUDY OF CIVILIAN AVIATION TRAINING PROGRAMS

Pub. L. 102-325, title XIV, Sec. 1410, July 23, 1992, 106 Stat.

821, directed Secretary of Education to enter into appropriate

arrangements with National Academy of Sciences Commission on

Behavioral and Social Sciences and Education to study civilian

aviation training programs needed to satisfy workforce requirements

of commercial aviation industry in year 2000 and beyond, directed

Secretary to request that National Academy of Sciences Commission

on Behavioral and Social Sciences and Education submit an interim

report to Secretary and Congress within 1 year after July 23, 1992,

and directed that the study be completed within 2 years of July 23,

1992, prior to repeal by Pub. L. 105-332, Sec. 6(b)(2), Oct. 31,

1998, 112 Stat. 3128.

NATIONAL COMMISSION ON INDEPENDENT HIGHER EDUCATION

Pub. L. 102-325, title XIV, part B, July 23, 1992, 106 Stat. 824,

as amended by Pub. L. 103-208, Sec. 2(k)(11), Dec. 20, 1993, 107

Stat. 2486, provided that part B could be cited as the ''National

Independent Colleges and Universities Discovery Act'', provided for

establishment, membership, etc., of National Commission on

Independent Higher Education, which Commission was to develop

factual base for understanding status of independent colleges and

universities, their contributions to public priorities, and effects

of national higher education policies on independent nonprofit

sector, to review issuance of Federal regulations regarding

independent colleges and universities, and suggest means by which

independent colleges and universities can be held accountable for

use of public resources without inappropriate intrusion into

institutional autonomy, and to address the relationship between

Federal and State policies in independent colleges and

universities, particularly with respect to student access and

choice, finance, institutional subsidies, and institutional

accountability, and directed that the Commission terminate 3 years

after July 23, 1992, prior to repeal by Pub. L. 105-332, Sec.

6(b)(2), Oct. 31, 1998, 112 Stat. 3128.

NATIONAL COMMISSION ON COST OF HIGHER EDUCATION

Pub. L. 102-325, title XIV, part C, July 23, 1992, 106 Stat. 827,

as amended by Pub. L. 103-208, Sec. 2(k)(12), Dec. 20, 1993, 107

Stat. 2486, provided for establishment, membership, etc., of

National Commission on the Cost of Higher Education, which

Commission was to make findings and specific recommendations

regarding the increase in tuition costs compared with other

commodities and services as well as methods of reducing increased

tuition costs, administrative costs of colleges and universities

and methods of reducing such costs, the extent to which Federal,

State, and local regulations contribute to increased tuition costs

and the increase in the cost of higher education, and extent to

which the lack of student financial assistance programs contribute

to increased tuition costs, and directed that the Commission cease

to exist on the date that is 90 days after the Commission submits

its final report, which report was to be submitted to the President

and Congress not later than Sept. 1, 1994, prior to repeal by Pub.

L. 105-332, Sec. 6(b)(2), Oct. 31, 1998, 112 Stat. 3128.

EDUCATION COUNCIL ACT OF 1991

Pub. L. 102-62, June 27, 1991, 105 Stat. 305, as amended by Pub.

L. 102-359, Sec. 1, Aug. 26, 1992, 106 Stat. 962; Pub. L. 103-290,

Sec. 1, Aug. 1, 1994, 108 Stat. 1456; Pub. L. 103-382, title III,

Sec. 362, Oct. 20, 1994, 108 Stat. 3975, provided for

establishment, membership, etc., of National Education Commission

on Time and Learning, which Commission was to examine the quality

and adequacy of the study and learning time of elementary and

secondary students in the United States, including issues regarding

the length of the school day and year, the extent and role of

homework, how time is being used for academic subjects, year-round

professional opportunities for teachers, and use of school

facilities for extended learning programs, report to Congress and

the Secretary on the results of the study not later than 2 years

after the Commission concludes its first meeting, and terminate

Sept. 30, 1994, and provided for establishment, membership, etc.,

of National Council on Education Standards and Testing, which

Council was to advise the American people whether suitable specific

education standards should be established for the knowledge and

skills that students should possess and that schools should impart

in order that American student leave grades 4, 8, and 12

demonstrating competency in challenging subject matters and whether

an appropriate system of voluntary national tests or examinations

should be established to provide prompt and accurate information on

the progress made towards specific education standards by

individual students, schools, school systems, States, and the

Nation as a whole, submit a final report, as soon as possible, but

not later than Dec. 31, 1991, to Congress, Secretary of Education,

and National Education Goals Panel, and cease to exist 90 days

after submitting its final report.

NATIONAL COMMISSION ON RESPONSIBILITIES FOR FINANCING POSTSECONDARY

EDUCATION

Pub. L. 99-498, title XIII, Sec. 1321, Oct. 17, 1986, 100 Stat.

1584, as amended by Pub. L. 101-324, July 6, 1990, 104 Stat. 300;

Pub. L. 102-170, title III, Sec. 306, Nov. 26, 1991, 105 Stat.

1136, established as an independent agency in executive branch a

commission to be known as National Commission on Responsibilities

for Financing Postsecondary Education, directed Commission to study

and investigate extent to which (1) there is a consistent and

coherent Federal policy regarding the appropriate family role in

financing costs of postsecondary education for family members, (2)

current Federal laws and regulations promote stated Federal policy,

and (3) extent to which State laws which remove parental

responsibilities for children over 18 years of age conflict with

Federal policy in this area, directed Commission to (A) summarize

appropriate findings of National Commission on Student Financial

Assistance, (B) recommend to Congress a comprehensive analysis on

extent to which consensus exists regarding appropriate role of

family in financing postsecondary education, and (C) recommend

changes in current law required to achieve desired Federal policy,

and provided that Commission would terminate 2 years after first

meeting of its member, prior to repeal by Pub. L. 105-332, Sec.

6(a), Oct. 31, 1998, 112 Stat. 3127.

STUDY OF CLASSROOM USE OF VOLUNTEERS

Pub. L. 99-498, title XIII, Sec. 1341, Oct. 17, 1986, 100 Stat.

1587, as amended by Pub. L. 100-50, Sec. 23(7), June 3, 1987, 101

Stat. 362, directed National Academy of Sciences to conduct a

thorough study of how volunteers could best be used in the

classroom with the study to (1) feasibility of using recipients of

student loans as part of repayment of such loans, (2) use of older

Americans as such volunteers, (3) use of business persons and other

professionals as volunteers, and (4) place of incentives to

encourage volunteerism, and with National Academy of Sciences to

prepare and submit to Congress a report, together with a

description of programs on use of volunteers and with such

recommendations as deemed appropriate not later than one year after

entering into a contract to conduct the study, prior to repeal by

Pub. L. 105-332, Sec. 6(a), Oct. 31, 1998, 112 Stat. 3127.

NATIVE HAWAIIAN EDUCATION STUDY

Pub. L. 96-374, title XIII, Sec. 1331, Oct. 3, 1980, 94 Stat.

1499, established an Advisory Council on Native Hawaiian Education

consisting of seven members appointed by Secretary of Education,

after consultation with Governor of Hawaii, from among individuals

who were professionals in various fields relating to human

development, and who were familiar with educational problems of

Native Hawaiians, to conduct a study to (A) evaluate effectiveness

of State and federally assisted educational programs in serving

Native Hawaiian children and extent to which such programs achieve

their purposes with respect to such children, and (B) take into

account special health, social, and psychological needs of Native

Hawaiian children, and to submit a report to Secretary and to

Congress not later than Jan. 31, 1983, containing findings and

recommendations of the Council, with the Council to terminate 60

days after submission of its report.

APPROPRIATIONS NOT AUTHORIZED FOR NATIVE HAWAIIAN EDUCATION STUDY

FOR FISCAL YEAR 1982, 1983, OR 1984

Pub. L. 97-35, title V, Sec. 512(a), Aug. 13, 1981, 95 Stat. 444,

provided that: ''No funds are authorized to be appropriated to

carry out part D of title XIII of the Education Amendments of 1980

(section 1331 of Pub. L. 96-374, set out as a note above) for

fiscal year 1982, 1983, or 1984.''

FINANCING OF ELEMENTARY AND SECONDARY EDUCATION; STUDIES AND

SURVEYS; ADVISORY PANEL; REPORTS

Pub. L. 95-561, title XII, Sec. 1203, Nov. 1, 1978, 92 Stat.

2335, as amended by Pub. L. 96-46, Sec. 2(a)(4), Aug. 6, 1979, 93

Stat. 340; Pub. L. 96-88, title III, Sec. 301(a)(2), (b)(1), title

V, Sec. 501(a), 507, Oct. 17, 1979, 93 Stat. 677, 678, 689, 692,

established a 15-member Advisory Panel on Financing Elementary and

Secondary Education within Department of Education to provide for

(1) availability of reliable and comparative data on status and

trends in financing elementary and secondary education, (2) conduct

of studies necessary to understand and analyze the trends and

problems affecting financing of elementary and secondary education,

both public and non-public, including prospects for adequate

financing during the next ten years, and development of

recommendations for Federal policies to assist in improving equity

and efficiency of Federal and State systems for raising and

distributing revenues to support elementary and secondary

education, with views and recommendations of the Panel to be

presented to 1980 White House Conference on Education.

WHITE HOUSE CONFERENCE ON EDUCATION: REPORT OF FINDINGS AND

RECOMMENDATIONS; NATIONAL CONFERENCE COMMITTEE: ESTABLISHMENT,

MEMBERSHIP, REPORT TO PRESIDENT AND CONGRESS, TRAVEL EXPENSES;

APPORTIONMENT OF FUNDS; AUTHORIZATION OF APPROPRIATIONS

Pub. L. 93-380, title VIII, Sec. 804, Aug. 21, 1974, 88 Stat.

597, as amended by Pub. L. 95-272, title III, Sec. 301, May 3,

1978, 92 Stat. 227; Pub. L. 95-561, title XII, Sec. 1203(c)(8),

Nov. 1, 1978, 92 Stat. 2335, directed President to call and conduct

a White House Conference on Education in 1980, established a

National Conference Committee to provide guidance and planning and

to make a final report to President and Congress not later than

Dec. 1, 1980, authorized making of grants to States to assist in

meeting cost of that State's participation, and authorized

appropriations.

-CITE-

20 USC Sec. 1221-2 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

-HEAD-

Sec. 1221-2. National policy with respect to museums as educational

institutions

-STATUTE-

The Congress, recognizing -

(1) that museums serve as sources for schools in providing

education for children,

(2) that museums provide educational services of various kinds

for educational agencies and institutions and institutions of

higher education, and

(3) that the expense of the educational services provided by

museums is seldom borne by the educational agencies and

institutions taking advantage of the museums' resources,

declares that it is the sense of the Congress that museums be

considered educational institutions and that the cost of their

educational services be more frequently borne by educational

agencies and institutions benefiting from those services.

-SOURCE-

(Pub. L. 93-380, title VIII, Sec. 803, Aug. 21, 1974, 88 Stat.

597.)

-COD-

CODIFICATION

Section was enacted as part of Education Amendments of 1974, and

not as part of General Education Provisions Act which comprises

this chapter.

-MISC3-

EFFECTIVE DATE

Section effective on and after sixtieth day after Aug. 21, 1974,

see section 2(c) of Pub. L. 93-380, set out as a note under section

1221-1 of this title.

-CITE-

20 USC Sec. 1221-3 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

-HEAD-

Sec. 1221-3. Repealed. Pub. L. 103-382, title II, Sec. 212(a)(1),

Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 400A, as added Pub. L.

95-561, title XII, Sec. 1212(b), Nov. 1, 1978, 92 Stat. 2338;

amended Pub. L. 96-46, Sec. 4(a), Aug. 6, 1979, 93 Stat. 342; Pub.

L. 96-88, title III, Sec. 301(b)(2), title V, Sec. 507, Oct. 17,

1979, 93 Stat. 678, 692; Pub. L. 96-511, Sec. 4(a), Dec. 11, 1980,

94 Stat. 2826, related to control of excessive paperwork.

-CITE-

20 USC SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF

EDUCATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-382, title II, Sec. 221, Oct. 20, 1994, 108

Stat. 3913, amended subchapter heading generally.

-CITE-

20 USC Sec. 1221a to 1221c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221a to 1221c. Repealed. Pub. L. 103-382, title II, Sec.

212(a)(1), Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section 1221a, Pub. L. 90-247, title IV, Sec. 401, as added Pub.

L. 92-318, title III, Sec. 301(a)(2), June 23, 1972, 86 Stat. 326;

amended Pub. L. 93-380, title V, Sec. 504(a), Aug. 21, 1974, 88

Stat. 561, established Education Division of the Department of

Health, Education, and Welfare.

Section 1221b, Pub. L. 90-247, title IV, Sec. 402, as added Pub.

L. 92-318, title III, Sec. 301(a)(2), June 23, 1972, 86 Stat. 327;

amended Pub. L. 93-380, title V, Sec. 502(a)(2)(A), Aug. 21, 1974,

88 Stat. 560, established position of and provided for appointment

and compensation of Assistant Secretary for Education in the

Department of Health, Education, and Welfare.

Section 1221c, Pub. L. 90-247, title IV, Sec. 403, as added Pub.

L. 92-318, title III, Sec. 301(a)(2), June 23, 1972, 86 Stat. 327;

amended Pub. L. 93-380, title V, Sec. 503(a), Aug. 21, 1974, 88

Stat. 560; Pub. L. 94-482, title IV, Sec. 409(a), Oct. 12, 1976, 90

Stat. 2233; Pub. L. 95-561, title XII, Sec. 1241, Nov. 1, 1978, 92

Stat. 2351; Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title

V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 678, 692; Pub. L. 96-470,

title I, Sec. 106(d), Oct. 19, 1980, 94 Stat. 2238, related to

nonpublic education.

-CITE-

20 USC Sec. 1221d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221d. Repealed. Pub. L. 96-374, title X, Sec. 1001(c), Oct.

3, 1980, 94 Stat. 1491

-MISC1-

Section, Pub. L. 90-247, title IV. Sec. 404, as added Pub. L.

92-318, title III, Sec. 301(a)(2), June 23, 1972, 86 Stat. 327;

amended Pub. L. 94-482, title IV, Sec. 402, Oct. 12, 1976, 90 Stat.

2226; Pub. L. 96-49, Sec. 13, Aug. 13, 1979, 93 Stat. 354, related

to grants and contracts for improvement of post-secondary

education.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1980, see section 1393(a) of Pub. L.

96-374, set out as an Effective Date of 1980 Amendment note under

section 1001 of this title.

-CITE-

20 USC Sec. 1221e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221e. Repealed. Pub. L. 103-227, title IX, Sec. 911(a), Mar.

31, 1994, 108 Stat. 213

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 405, as added Pub. L.

92-318, title III, Sec. 301(a)(2), June 23, 1972, 86 Stat. 328;

amended Pub. L. 93-380, title V, Sec. 502(a)(2)(B), Aug. 21, 1974,

88 Stat. 560; Pub. L. 94-482, title IV, Sec. 403, Oct. 12, 1976, 90

Stat. 2227; Pub. L. 95-561, title XII, Sec. 1242, Nov. 1, 1978, 92

Stat. 2352; Pub. L. 96-49, Sec. 14, Aug. 13, 1979, 93 Stat. 354;

Pub. L. 96-374, title XIII, Sec. 1311-1314, Oct. 3, 1980, 94 Stat.

1498, 1499; Pub. L. 98-511, title VII, Sec. 702(a), 703, 704(a),

Oct. 19, 1984, 98 Stat. 2405, 2406; Pub. L. 99-498, title XIV, Sec.

1401(a), Oct. 17, 1986, 100 Stat. 1589; Pub. L. 100-50, Sec. 24(a),

June 3, 1987, 101 Stat. 362; Pub. L. 100-297, title III, Sec.

3001(p)(2), 3002, 3403(b), (c), Apr. 28, 1988, 102 Stat. 337, 349;

Pub. L. 103-33, Sec. 1(b), May 25, 1993, 107 Stat. 94, related to

Office of Educational Research and Improvement.

SAVINGS PROVISION

Pub. L. 103-227, title IX, Sec. 914, Mar. 31, 1994, 108 Stat.

223, which provided that contracts for regional educational

laboratories, Educational Resources Information Center

Clearinghouses and research and development centers and regional

educational laboratories assisted under this section as in effect

on Mar. 30, 1994, would remain in effect until the termination date

of such contracts, was repealed by Pub. L. 107-279, title IV, Sec.

403(2), Nov. 5, 2002, 116 Stat. 1985.

EXISTING GRANTS AND CONTRACTS

Pub. L. 103-227, title IX, Sec. 915, Mar. 31, 1994, 108 Stat.

223, which provided that grants and contracts for the research and

development centers assisted under this section as in effect on

Mar. 30, 1994, would remain in effect until the termination date of

such grants or contracts, except if extended to implement the

provisions of title IX of Pub. L. 103-227 (see section 6001 of this

title), and authorized use of funds appropriated pursuant to former

section 6011(m)(1) of this title to carry out these provisions, was

repealed by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002,

116 Stat. 1985.

-CITE-

20 USC Sec. 1221e-1 to 1221e-1c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221e-1 to 1221e-1c. Repealed. Pub. L. 103-382, title II, Sec.

212(a)(1), Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section 1221e-1, Pub. L. 90-247, title IV, Sec. 406, as added

Pub. L. 93-380, title V, Sec. 501(a), Aug. 21, 1974, 88 Stat. 556;

amended Pub. L. 94-273, Sec. 12(1), Apr. 21, 1976, 90 Stat. 378;

Pub. L. 94-482, title IV, Sec. 401, 406, title V, Sec. 501(q), Oct.

12, 1976, 90 Stat. 2226, 2231, 2238; Sen. Res. 4, Feb. 4, 1977;

Pub. L. 95-561, title XII, Sec. 1201, 1212(a), (c), 1243(a), Nov.

1, 1978, 92 Stat. 2333, 2338, 2341, 2353; S. Res. 30, Mar. 7, 1979;

Pub. L. 98-511, title VII, Sec. 702(b), 704(b), Oct. 19, 1984, 98

Stat. 2406; Pub. L. 99-498, title XIV, Sec. 1402, Oct. 17, 1986,

100 Stat. 1597; Pub. L. 100-50, Sec. 24(b), June 3, 1987, 101 Stat.

363; Pub. L. 100-297, title III, Sec. 3001(a), (b)(1), (c)-(p)(1),

(q), 3403(a), Apr. 28, 1988, 102 Stat. 331-337, 344; Pub. L.

101-589, title II, Sec. 252, Nov. 16, 1990, 104 Stat. 2894; Pub. L.

102-325, title XV, Sec. 1552, July 23, 1992, 106 Stat. 838; Pub. L.

103-33, Sec. 1(a), May 25, 1993, 107 Stat. 93; Pub. L. 103-227,

title VII, Sec. 707, Mar. 31, 1994, 108 Stat. 209; Pub. L. 103-437,

Sec. 7(a)(1), Nov. 2, 1994, 108 Stat. 4587, related to National

Center for Education Statistics. See section 9541 et seq. of this

title.

Section 1221e-1a, Pub. L. 90-247, title IV, Sec. 406A, formerly

Sec. 437, as added Pub. L. 93-380, title V, Sec. 512(a), Aug. 21,

1974, 88 Stat. 571; amended Pub. L. 94-273, Sec. 17, Apr. 21, 1976,

90 Stat. 379; Pub. L. 94-482, title V, Sec. 501(f)(2), (3), Oct.

12, 1976, 90 Stat. 2237; S. Res. 4, Feb. 4, 1977; renumbered Sec.

406A, Pub. L. 95-561, title XII, Sec. 1231(a)(2), Nov. 1, 1978, 92

Stat. 2342; S. Res. 30, Mar. 7, 1979; Pub. L. 96-88, title III,

Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677,

692; Pub. L. 98-211, Sec. 18(b), Dec. 8, 1983, 97 Stat. 1417; Pub.

L. 103-437, Sec. 7(a)(1), Nov. 2, 1994, 108 Stat. 4587, related to

responsibility of State to furnish information on uses of Federal

funds in State. See section 1226b(a) and (f) of this title.

Section 1221e-1b, Pub. L. 90-247, title IV, Sec. 406B, formerly

Sec. 406A, as added Pub. L. 96-374, title XIII, Sec. 1303, Oct. 3,

1980, 94 Stat. 1497; renumbered Sec. 406B, Pub. L. 99-159, title

IV, Sec. 401(1), Nov. 22, 1985, 99 Stat. 903, authorized

appropriations for fiscal year 1981 for Pre-College Science Teacher

Training Program and Minority Institutions Science Improvement

program.

Section 1221e-1c, Pub. L. 90-247, title IV, Sec. 406C, as added

Pub. L. 99-159, title IV, Sec. 401(2), Nov. 22, 1985, 99 Stat. 903,

authorized appropriations for fiscal years 1985 and 1986 for

Minority Institutions Science Improvement Program.

-CITE-

20 USC Sec. 1221e-1d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221e-1d. Use of Council staff and facilities

-STATUTE-

The National Advisory Council on Educational Research and

Improvement, the Advisory Council on Education Statistics, and

members of such councils may not use any staff, facilities,

equipment, supplies, or franking privileges of the councils for

activities unrelated to the purposes of the councils.

-SOURCE-

(Pub. L. 99-498, title XIV, Sec. 1403, Oct. 17, 1986, 100 Stat.

1599.)

-COD-

CODIFICATION

Section was enacted as part of the Higher Education Amendments of

1986, and not as part of the General Education Provisions Act which

comprises this chapter.

-CITE-

20 USC Sec. 1221e-2 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221e-2. Repealed. Pub. L. 103-382, title II, Sec. 212(a)(1),

Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 407, as added Pub. L.

93-380, title V, Sec. 502(a)(1), Aug. 21, 1974, 88 Stat. 559;

amended Pub. L. 96-88, title III, Sec. 301(b)(2), title V, Sec.

507, Oct. 17, 1979, 93 Stat. 678, 692, related to education

officers of United States.

-CITE-

20 USC Sec. 1221e-3 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221e-3. General authority of Secretary

-STATUTE-

The Secretary, in order to carry out functions otherwise vested

in the Secretary by law or by delegation of authority pursuant to

law, and subject to limitations as may be otherwise imposed by law,

is authorized to make, promulgate, issue, rescind, and amend rules

and regulations governing the manner of operation of, and governing

the applicable programs administered by, the Department.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 410, formerly Sec. 408, as added

Pub. L. 93-380, title V, Sec. 502(a)(1), Aug. 21, 1974, 88 Stat.

559; amended Pub. L. 95-561, title XII, Sec. 1243(b), 1244, Nov. 1,

1978, 92 Stat. 2353; renumbered Sec. 410 and amended Pub. L.

103-382, title II, Sec. 212(b)(1), 222, Oct. 20, 1994, 108 Stat.

3913, 3914.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 222, amended section generally,

substituting single par. relating to general authority of Secretary

for former subsecs. (a) to (d) relating to general authority of

administrative heads of education agencies.

1978 - Subsec. (a). Pub. L. 95-561, Sec. 1243(b), inserted ''or

by delegation of authority pursuant to law'' after ''vested in him

by law'' in provisions preceding par. (1) and, in par. (1),

inserted '', and governing the applicable programs administered

by'' after ''the manner of operation of''.

Subsecs. (b) to (d). Pub. L. 95-561, Sec. 1244, added subsec.

(b), redesignated former subsecs. (b) and (c) as (c) and (d), and

in subsec. (d) as so redesignated substituted ''For the purposes of

this chapter'' for ''For the purposes of this section''.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 1530 of Pub. L. 95-561, as amended by Pub. L. 96-46, Sec.

2(a)(10), Aug. 6, 1979, 93 Stat. 340, provided that:

''(a) Except as otherwise specifically provided in this Act, the

provisions of this Act and the amendments and repeals made by this

Act (see Tables for classification) shall take effect October 1,

1978.

''(b) The provisions of section 412(b)(2) (now 421(b)(2)) of the

General Education Provisions Act (section 1225(b)(2) of this

title), as added by section 1245 of this Act, shall not take effect

with respect to the use of funds under section 421 of the

Elementary and Secondary Education Act of 1965 (former section 3101

of this title) until October 1, 1980, except at the option of local

educational agencies.''

EFFECTIVE DATE

Section 502(b) of Pub. L. 93-380 provided that: ''The amendments

made by this section (enacting this section and section 1221e-2 and

amending sections 1221b and 1221e of this title) shall be effective

on the tenth day after the date of enactment of this Act (Aug. 21,

1974).''

-CITE-

20 USC Sec. 1221e-4 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221e-4. Educational impact statement

-STATUTE-

Notwithstanding any other provision of law, no regulation

affecting any institution of higher education in the United States,

promulgated on or after October 3, 1980, shall become effective

unless such agency causes to be published in the Federal Register a

copy of such proposed regulation together with an educational

impact assessment statement which shall determine whether any

information required to be transmitted under such regulation is

already being gathered by or is available from any other agency or

authority of the United States. Notwithstanding the exception

provided under section 553(b) of title 5, such statement shall be

based upon the record established under the provisions of section

553 of title 5, compiled during the rulemaking proceeding regarding

such regulation.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 411, formerly Sec. 409, as added

Pub. L. 96-374, title XIII, Sec. 1306, Oct. 3, 1980, 94 Stat. 1498;

renumbered Sec. 411, Pub. L. 103-382, title II, Sec. 212(b)(1),

Oct. 20, 1994, 108 Stat. 3913.)

-COD-

CODIFICATION

October 3, 1980, referred to in text, was in the original ''the

date of enactment of this Act'', which was translated as meaning

the date of enactment of Pub. L. 96-374, which enacted this

section, to reflect the probable intent of Congress.

-MISC3-

PRIOR PROVISIONS

A prior section 411 of Pub. L. 90-247 was renumbered section 420,

and is classified to section 1223 of this title.

Another prior section 411 of Pub. L. 90-247 was classified to

section 1222 of this title prior to repeal by Pub. L. 93-380.

Another prior section 411 of Pub. L. 90-247 was renumbered

section 430, and is classified to section 1231 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 1393(a) of Pub. L.

96-374, set out as an Effective Date of 1980 Amendment note under

section 1001 of this title.

-CITE-

20 USC Sec. 1221f to 1221h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221f to 1221h. Repealed. Pub. L. 100-297, title V, Sec.

5352(4), Apr. 28, 1988, 102 Stat. 414

-MISC1-

Section 1221f, Pub. L. 92-318, title IV, Sec. 441, June 23, 1972,

86 Stat. 343, established Office of Indian Education. See section

2641 of Title 25, Indians.

Section 1221g, Pub. L. 92-318, title IV, Sec. 442, June 23, 1972,

86 Stat. 343; Pub. L. 93-380, title V, Sec. 505(a)(2), title VIII,

Sec. 845(d), Aug. 21, 1974, 88 Stat. 562, 612; Pub. L. 94-273, Sec.

3(11), 13(1), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 95-561,

title XI, Sec. 1141(c)(3), Nov. 1, 1978, 92 Stat. 2329; Pub. L.

98-511, title V, Sec. 513(b)(5), Oct. 19, 1984, 98 Stat. 2400,

established National Advisory Council on Indian Education. See

section 2642 of Title 25.

Section 1221h, Pub. L. 92-318, title IV, Sec. 453, June 23, 1972,

86 Stat. 345; Pub. L. 95-561, title XI, Sec. 1147, 1148, 1151, Nov.

1, 1978, 92 Stat. 2330, 2331, 2333; Pub. L. 96-46, Sec. 7, Aug. 6,

1979, 93 Stat. 343, defined ''Indian'' for purposes of the Indian

Education Act. See section 2651 of Title 25.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 6303

of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment

note under section 1071 of this title.

-CITE-

20 USC Sec. 1221i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221i. Repealed. Pub. L. 104-208, div. A, title I, Sec.

101(e) (title VII, Sec. 708(d)), Sept. 30, 1996, 110 Stat.

3009-233, 3009-312

-MISC1-

Section, Pub. L. 93-380, title V, Sec. 519, Aug. 21, 1974, 88

Stat. 576; Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title

V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, related to

Office of Libraries and Learning Resources.

-CITE-

20 USC Sec. 1221j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION

-HEAD-

Sec. 1221j. Television program assistance

-STATUTE-

(a) Granting and contracting authority

The Secretary of Education is authorized to make grants to and

contracts with public and private agencies for the production,

development, or distribution (or any combination thereof) of

programs designed for television systems, whether broadcast or

nonbroadcast.

(b) Administration and studies

The Secretary of Education shall be responsible for the

administration of this section and shall also conduct surveys,

research, and evaluation studies which may assist in decisions to

support pilot programs for full scale production.

-SOURCE-

(Pub. L. 95-561, title XV, Sec. 1527, Nov. 1, 1978, 92 Stat. 2379;

Pub. L. 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17,

1979, 93 Stat. 677, 692.)

-COD-

CODIFICATION

Section was enacted as part of Education Amendments of 1978, and

not as part of General Education Provisions Act which comprises

this chapter.

-MISC3-

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 1530 of Pub. L.

95-561, set out as an Effective Date of 1974 Amendment note under

section 1221e-3 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted for ''Secretary'' in

subsec. (a) and ''Assistant Secretary for Education'' in subsec.

(b), pursuant to sections 301 and 507 of Pub. L. 96-88, which are

classified to sections 3441 and 3507 of this title and which

transferred functions (relating to education) of Secretary of

Health, Education, and Welfare, and functions of Assistant

Secretary for Education, to Secretary of Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3489 of this title.

-CITE-

20 USC SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

-HEAD-

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-318, title III, Sec. 301(a)(1), June 23, 1972,

86 Stat. 326, redesignated subchapter I as II. Former subchapter II

redesignated III.

1970 - Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970,

84 Stat. 166, added subchapter II heading.

-CITE-

20 USC Part 1 - Appropriations 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Part 1 - Appropriations

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-380, title V, Sec. 506(a)(1)(A), Aug. 21, 1974,

88 Stat. 562, added part 1 heading.

-CITE-

20 USC Sec. 1222 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Sec. 1222. Repealed. Pub. L. 93-380, title V, Sec. 506(a)(1)(B),

Aug. 21, 1974, 88 Stat. 562

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 411, formerly Sec. 402,

Jan. 2, 1968, 81 Stat. 814; amended Pub. L. 91-230, title IV, Sec.

401(a)(3), Apr. 13, 1970, 84 Stat. 165; renumbered Sec. 411, Pub.

L. 92-318, title III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 326,

provided for program planning and evaluation and report to

Congressional committees.

EFFECTIVE DATE OF REPEAL

Section repealed effective Aug. 21, 1974, see section 506(b) of

Pub. L. 93-380, set out as an Effective Date of 1974 Amendment note

under section 1225 of this title.

-CITE-

20 USC Sec. 1223 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Sec. 1223. Forward funding

-STATUTE-

(a) To the end of affording the responsible Federal, State, and

local officers adequate notice of available Federal financial

assistance for carrying out ongoing education activities and

projects, appropriations for grants, contracts, or other payments

under any applicable program are authorized to be included in the

appropriations Act for the fiscal year preceding the fiscal year

during which such activities and projects shall be carried out.

(b) In order to effect a transition to the timing of

appropriation action authorized by subsection (a) of this section,

the application of this section may result in the enactment, in a

fiscal year, of separate appropriations for an applicable program

(whether in the same appropriations Act or otherwise) for two

consecutive fiscal years.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 420, formerly Sec. 403, Jan. 2,

1968, 81 Stat. 814; Pub. L. 91-230, title IV, Sec. 401(a)(4), Apr.

13, 1970, 84 Stat. 165; renumbered Sec. 412, Pub. L. 92-318, title

III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec.

411, Pub. L. 93-380, title V, Sec. 506(a)(1)(C), Aug. 21, 1974, 88

Stat. 562; renumbered Sec. 420 and amended Pub. L. 103-382, title

II, Sec. 212(b)(1), 231, Oct. 20, 1994, 108 Stat. 3913, 3914.)

-MISC1-

PRIOR PROVISIONS

A prior section 420 of Pub. L. 90-247 was renumbered section 426,

and is classified to section 1228 of this title.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 231, amended section generally.

Prior to amendment, section read as follows: ''To the end of

affording the responsible State, local, and Federal officers

concerned adequate notice of available Federal financial assistance

for education, appropriations for grants, contracts, or other

payments under any applicable program are authorized to be included

in the appropriation Act for the fiscal year preceding the fiscal

year for which they are available for obligation. In order to

effect a transition to this method of timing appropriation action,

the preceding sentence shall apply notwithstanding that its initial

application under such program will result in the enactment in the

same year (whether in the same appropriation Act or otherwise) of

two separate appropriations, one for the then current fiscal year

and one for the succeeding fiscal year.''

1970 - Pub. L. 91-230 substituted ''applicable program'' and

''under such program'' for ''Act referred to in section 1221 of

this title'' and ''under any such Act'', respectively.

NATIONAL POLICY WITH RESPECT TO ADVANCE FUNDING OF EDUCATION

PROGRAMS

Section 802 of Pub. L. 93-380 provided that: ''The Congress

declares it to be the policy of the United States to implement

immediately and continually section 411 (now 420) of the General

Education Provisions Act (this section), relating to advance

funding for education programs, so as to afford responsible State,

local, and Federal officers adequate notice of available Federal

financial assistance for education authorized under this (Act, Pub.

L. 93-380, see Short Title of 1974 Amendment note set out under

section 6301 of this title) and other Acts of Congress.''

Provision effective on and after sixtieth day after Aug. 21,

1974, see section 2(c) of Pub. L. 93-380, set out as an Effective

Date note under section 1221-1 of this title.

-CITE-

20 USC Sec. 1224 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Sec. 1224. Repealed. Pub. L. 93-380, title V, Sec. 506(a)(1)(B),

Aug. 21, 1974, 88 Stat. 562

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 413, formerly Sec. 404,

Jan. 2, 1968, 81 Stat. 814; amended Pub. L. 91-230, title IV, Sec.

401(a)(5), (6), Apr. 13, 1970, 84 Stat. 165; renumbered Sec. 413,

Pub. L. 92-318, title III, Sec. 301(a)(1), June 23, 1972, 86 Stat.

326, provided for annual evaluation reports to Congressional

committees, penultimate fiscal year reports, and contingent

extension of expiring appropriation authority.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 21, 1974, see section 506(b) of Pub. L.

93-380, set out as an Effective Date of 1974 Amendment note under

section 1225 of this title.

-CITE-

20 USC Sec. 1225 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Sec. 1225. Availability of appropriations on academic or

school-year basis; additional period for obligation of funds

-STATUTE-

(a) Academic or differing fiscal year

Appropriations for any fiscal year for grants, loans, contracts,

or other payments under any applicable program may, in accordance

with regulations of the Secretary, be made available for obligation

by the recipient on the basis of an academic or school year

differing from such fiscal year.

(b) Succeeding fiscal year

(1) Notwithstanding any other provision of law, unless enacted in

specific limitation of the provisions of this subsection, any funds

from appropriations to carry out any programs to which this chapter

is applicable during any fiscal year, which are not obligated and

expended by educational agencies or institutions prior to the

beginning of the fiscal year succeeding the fiscal year for which

such funds were appropriated shall remain available for obligation

and expenditure by such agencies and institutions during such

succeeding fiscal year.

(2) Any funds under any applicable program which, pursuant to

paragraph (1), are available for obligation and expenditure in the

year succeeding the fiscal year for which they were appropriated

shall be obligated and expended in accordance with -

(A) the Federal statutory and regulatory provisions relating to

such program which are in effect for such succeeding fiscal year,

and

(B) any program plan or application submitted by such

educational agencies or institutions for such program for such

succeeding fiscal year.

If any funds appropriated to carry out any applicable program are

not obligated pursuant to a spending plan submitted in accordance

with section 1341(a) of title 31 and become available for

obligation after the institution of a judicial proceeding seeking

the release of such funds, then such funds shall be available for

obligation and expenditure until the end of the fiscal year which

begins after the termination of such judicial proceeding.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 421, formerly Sec. 405, Jan. 2,

1968, 81 Stat. 815; Pub. L. 91-230, title IV, Sec. 401(a)(5), (7),

(8), Apr. 13, 1970, 84 Stat. 165; renumbered Sec. 414, Pub. L.

92-318, title III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 326;

renumbered Sec. 412, and amended Pub. L. 93-380, title V, Sec.

506(a)(1)(D), (E), Aug. 21, 1974, 88 Stat. 562; Pub. L. 94-273,

Sec. 3(12), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95-112, Sec. 5,

Sept. 24, 1977, 91 Stat. 912; Pub. L. 95-561, title XII, Sec. 1245,

Nov. 1, 1978, 92 Stat. 2354; renumbered Sec. 421 and amended Pub.

L. 103-382, title II, Sec. 212(b)(1), 232, Oct. 20, 1994, 108 Stat.

3913, 3914.)

-MISC1-

PRIOR PROVISIONS

A prior section 421 of Pub. L. 90-247 was classified to section

1230 of this title prior to repeal by Pub. L. 103-382.

Another prior section 421 of Pub. L. 90-247 was renumbered

section 430, and is classified to section 1231 of this title.

Another prior section 421 of Pub. L. 90-247 was renumbered

section 437, and is classified to section 1232 of this title.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 232(a), amended section catchline

generally.

Subsec. (a). Pub. L. 103-382, Sec. 232(b)(1), struck out ''to

educational agencies or institutions'' after ''other payments'' and

substituted ''obligation'' for ''expenditure'' and ''recipient''

for ''agency or institution concerned''.

Subsec. (b). Pub. L. 103-382, Sec. 232(b)(2), which directed the

substitution in the original of ''(b)(1) Notwithstanding'' for

''(b) Notwithstanding'', could not be executed because the original

already reads ''(b)(1) Notwithstanding''.

Subsec. (c). Pub. L. 103-382, Sec. 232(b)(3), substituted

reference to section 1341(a) of title 31 for reference to section

3679(d)(2) of the Revised Statutes.

1978 - Subsec. (b). Pub. L. 95-561 struck out ''ending prior to

October 1, 1979,'' after ''applicable during any fiscal year,'' in

existing provisions, designated existing provisions as thus amended

as par. (1), and added par. (2).

1977 - Subsec. (b). Pub. L. 95-112 substituted ''October 1,

1979'' for ''October 1, 1978''.

1976 - Subsec. (b). Pub. L. 94-273 substituted ''October'' for

''July''.

1974 - Subsec. (b). Pub. L. 93-380, Sec. 506(a)(1)(E),

substituted ''1978'' for ''1973'' and inserted ''by educational

agencies or institutions'' and ''by such agencies and

institutions'' after ''obligated and expended'' and ''obligation

and expenditure'', respectively.

Subsec. (c). Pub. L. 93-380, Sec. 506(a)(1)(E), added subsec.

(c).

1970 - Pub. L. 91-230 substituted ''applicable program'' for

''Act referred to in section 1221 of this title'', inserted

''loans,'' after ''grants,'' designated existing provisions as thus

amended as subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, but the

provisions of subsec. (b)(2) of this section not to take effect

with respect to the use of funds under former section 3101 of this

title until Oct. 1, 1980, except at the option of local educational

agencies, see section 1530 of Pub. L. 95-561, as amended, set out

as a note under section 1221e-3 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 506(b) of Pub. L. 93-380 provided that: ''The amendments

made by subsection (a) of this section (enacting sections 1226a to

1226d of this title, amending this section and section 1227 of this

title, and repealing sections 1222 and 1224 of this title) shall

become effective on the date of enactment of this Act (Aug. 21,

1974).''

INDOCHINESE REFUGEE CHILDREN EDUCATION ASSISTANCE PROGRAMS;

APPLICABILITY OF CONTINGENT EXTENSION PROVISIONS

Pub. L. 94-482, title III, Sec. 327, Oct. 12, 1976, 90 Stat.

2220, provided that: ''The provisions of section 414 (now 422) of

the General Education Provisions Act (section 1226a of this title),

relating to the contingent extension of applicable programs, shall

not apply to the Indochina Refugee Children Assistance Act of 1976

(former section 1211b of this title), or to any program of

financial assistance for educational purposes for Indochinese

refugee children.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6339 of this title.

-CITE-

20 USC Sec. 1226 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Sec. 1226. Repealed. Pub. L. 103-382, title II, Sec. 212(a)(1),

Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 413, formerly Sec. 406,

as added Pub. L. 90-576, title III, Sec. 301(b), Oct. 16, 1968, 82

Stat. 1094; amended Pub. L. 91-230, title IV, Sec. 401(a)(9), Apr.

13, 1970, 84 Stat. 166; renumbered Sec. 415, Pub. L. 92-318, title

III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec.

413, Pub. L. 93-380, title V, Sec. 506(a)(2)(A), Aug. 21, 1974, 88

Stat. 563, related to availability of appropriations.

-CITE-

20 USC Sec. 1226a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Sec. 1226a. Contingent extension of programs

-STATUTE-

(a) Automatic extension

The authorization of appropriations for, or duration of, an

applicable program shall be automatically extended for one

additional fiscal year unless Congress, in the regular session that

ends prior to the beginning of the terminal fiscal year of such

authorization or duration, has passed legislation that becomes law

and extends or repeals the authorization or duration of such

program.

(b) Amount of appropriation

The amount authorized to be appropriated for the period of

automatic extension under subsection (a) of this section of an

applicable program shall be the amount authorized to be

appropriated for such program for the terminal fiscal year of the

applicable program.

If the Secretary is required, in the terminal fiscal year of an

applicable program, to carry out certain acts or make certain

determinations that are necessary for the continuation of such

program, such acts or determinations shall be required to be

carried out or made during the period of automatic extension under

subsection (a) of this section.

(d) Application to commissions, councils, and committees required

by law to terminate

This section shall not apply to the authorization of

appropriations for a commission, council, or committee which is

required by an applicable statute to terminate on a date certain.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 422, formerly Sec. 414, as added

Pub. L. 93-380, title V, Sec. 506(a)(2)(B), Aug. 21, 1974, 88 Stat.

563; amended Pub. L. 96-374, title XIII, Sec. 1301, Oct. 3, 1980,

94 Stat. 1496; renumbered Sec. 422 and amended Pub. L. 103-382,

title II, Sec. 212(b)(1), 233, Oct. 20, 1994, 108 Stat. 3913,

3915.)

-MISC1-

PRIOR PROVISIONS

A prior section 422 of Pub. L. 90-247 was renumbered section 431,

and is classified to section 1231a of this title.

Another prior section 422 of Pub. L. 90-247 was renumbered

section 438, and is classified to section 1232a of this title.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 233, amended section generally,

revising and restating former subsecs. (a) and (b) as subsecs. (a)

to (c) and adding subsec. (d).

1980 - Subsec. (a). Pub. L. 96-374 inserted provisions for the

automatic extension of an authorization or duration of two

additional fiscal years for any applicable program authorized to be

included in the Appropriation Act for the fiscal year preceding the

fiscal year for which appropriations are available for obligation.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section

1393(a) of Pub. L. 96-374, set out as a note under section 1001 of

this title.

INDOCHINESE REFUGEE CHILDREN EDUCATION ASSISTANCE PROGRAMS;

APPLICABILITY OF CONTINGENT EXTENSION PROVISIONS

Applicability of contingent extension provisions to any program

of financial assistance for educational purposes for Indochinese

refugee children, see section 327 of Pub. L. 94-482, set out as a

note under section 1225 of this title.

LIMITATION ON EXTENSION OF PROGRAMS

Pub. L. 94-328, Sec. 2(d), June 30, 1976, 90 Stat. 727, provided

that: ''The amendments made by this section (amending sections

1070a, 1074, 1078 and 1078a of this title and enacting provisions

set out as a note under section 2756 of Title 42, The Public Health

and Welfare) shall not be deemed to authorize the automatic

extension of the programs so amended, under section 414 (now 422)

of the General Education Provisions Act (this section), beyond the

date specified in such amendments.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2502, 3611 of this title;

title 42 section 12641.

-CITE-

20 USC Sec. 1226a-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 1 - Appropriations

-HEAD-

Sec. 1226a-1. Payments; installments, advances or reimbursement,

and adjustments

-STATUTE-

Payments pursuant to grants or contracts under any applicable

program may be made in installments, and in advance or by way of

reimbursement, with necessary adjustments on account of

overpayments or underpayments, as the Secretary may determine.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 423, formerly Sec. 425, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

170; renumbered Sec. 435, Pub. L. 92-318, title III, Sec.

301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec. 415, Pub.

L. 95-561, title XII, Sec. 1231(a)(1), Nov. 1, 1978, 92 Stat. 2342;

renumbered Sec. 423 and amended Pub. L. 103-382, title II, Sec.

212(b)(1), 261(a), Oct. 20, 1994, 108 Stat. 3913, 3927.)

-COD-

CODIFICATION

Section was formerly classified to section 1232d of this title

prior to its renumbering by Pub. L. 95-561.

-MISC3-

PRIOR PROVISIONS

A prior section 423 of Pub. L. 90-247 was classified to section

1231b of this title prior to repeal by Pub. L. 103-382.

Another prior section 423 of Pub. L. 90-247 was renumbered

section 439, and is classified to section 1232b of this title.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 261(a), substituted ''Secretary''

for ''Commissioner''.

-CITE-

20 USC Part 2 - Planning and Evaluation of Federal

Education Activities 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Part 2 - Planning and Evaluation of Federal Education Activities

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-380, title V, Sec. 506(a)(3)(C), Aug. 21, 1974,

88 Stat. 563, added part 2 heading.

-CITE-

20 USC Sec. 1226b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1226b. Responsibility of States to furnish information

-STATUTE-

(a) Biennial reports; contents

Each State educational agency shall submit to the Secretary a

report on or before March 15 of every second year. Each such

report shall include -

(1) information with respect to the uses of Federal funds in

such State in the two preceding fiscal years under any applicable

program under the jurisdiction of the State educational agency;

and

(2) information with respect to the uses of Federal funds in

such State in the two preceding fiscal years under any Federal

program administered by the State that provided grants or

contracts to a local educational agency in the State.

(b) Additional contents

Each report submitted under subsection (a) of this section shall

(1) list, with respect to each program for which information is

provided, all grants made to and contracts entered into with

local educational agencies and other public and private agencies

and institutions within the State during each fiscal year

concerned;

(2) analyze the information included in the report by local

educational agency and by program;

(3) include the total amount of funds available to the State

under each such program for each fiscal year concerned; and

(4) be made readily available by the State to local educational

agencies and institutions within the State and to the public.

If the Secretary does not receive a report by the date required

under subsection (a) of this section, or receives an incomplete

report, the Secretary, not later than 30 days after such report is

required to be submitted, shall take all reasonable measures to

obtain the delinquent or incomplete information from the State

educational agency.

(d) Availability of information

When the Secretary receives a report required under subsection

(a) of this section, the Secretary shall provide such information

to the National Center for Education Statistics, and shall make

such information available, at a reasonable cost, to any individual

who requests such information.

(e) Congressional telecommunications network

The Secretary shall consult with the Speaker and Minority Leader

of the House of Representatives and the Majority and Minority

Leaders of the Senate regarding the costs and feasibility of making

the information described in subsection (a) of this section

available as part of a telecommunications network that is readily

accessible to every member of Congress and other interested

parties.

(f) Reports by Secretary

On or before August 15 of each year in which reports are

submitted under subsection (a) of this section, the Secretary shall

submit a report to the Committee on Education and Labor of the

House of Representatives and the Committee on Labor and Human

Resources of the Senate. Such report shall include -

(1) an analysis of the content and data quality of such

reports;

(2) a compilation of statistical data derived from such

reports; and

(3) information obtained by the Secretary with respect to -

(A) direct grants made to local educational agencies by the

Federal Government; and

(B) contracts entered into between such agencies and the

Federal Government.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 424, as added Pub. L. 103-382,

title II, Sec. 234, Oct. 20, 1994, 108 Stat. 3915.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (a), (b), and (f) of this

section were contained in section 1221e-1a of this title prior to

repeal by Pub. L. 103-382.

A prior section 1226b, Pub. L. 90-247, title IV, Sec. 416, as

added Pub. L. 93-380, title V, Sec. 506(a)(3)(C), Aug. 21, 1974, 88

Stat. 563, related to program planning and evaluation, prior to

repeal by Pub. L. 103-382, title II, Sec. 212(a)(1), Oct. 20, 1994,

108 Stat. 3913.

A prior section 424 of Pub. L. 90-247 was classified to section

1231b-1 of this title prior to repeal by Pub. L. 103-382.

Another prior section 424 of Pub. L. 90-247 was renumbered

section 433, and is classified to section 1231c of this title.

Another prior section 424 of Pub. L. 90-247 was renumbered

section 434, and was classified to section 1232c of this title

prior to repeal by Pub. L. 95-561.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-CITE-

20 USC Sec. 1226c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1226c. Biennial evaluation report

-STATUTE-

Not later than March 31, 1995, and every two years after such

date, the Secretary shall transmit to the Committee on Education

and Labor of the House of Representatives and the Committee on

Labor and Human Resources of the Senate an evaluation report on the

effectiveness of applicable programs in achieving such programs'

legislated intent and purposes during the two preceding fiscal

years. Such report shall -

(1) contain program profiles that include legislative

citations, multiyear funding histories, and legislated purposes;

(2) contain recent information on the progress being made

toward the achievement of program objectives, including listings

of program performance indicators, data from performance

measurement based on the indicators, and information on the costs

and benefits of the applicable programs being evaluated;

(3) address significant program activities, such as initiatives

for program improvement, regulations, and program monitoring and

evaluation;

(4) list the principal analyses and studies supporting the

major conclusions in such report;

(5) be prepared in concise summary form with necessary detailed

data and appendixes, including available data to indicate the

effectiveness of the programs and projects by the race, sex,

disability and age of beneficiaries of such programs and

projects; and

(6) include the results of the program evaluations conducted in

accordance with section 7941 of this title.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 425, formerly Sec. 417, as added

Pub. L. 93-380, title V, Sec. 506(a)(3)(C), Aug. 21, 1974, 88 Stat.

564; amended Pub. L. 95-561, title XII, Sec. 1246(a), (b), Nov. 1,

1978, 92 Stat. 2354; Pub. L. 96-46, Sec. 4(b), Aug. 6, 1979, 93

Stat. 342; Pub. L. 96-374, title XIII, Sec. 1305, Oct. 3, 1980, 94

Stat. 1497; Pub. L. 98-511, title VII, Sec. 705, Oct. 19, 1984, 98

Stat. 2406; renumbered Sec. 425 and amended Pub. L. 103-382, title

II, Sec. 212(b)(1), 235, Oct. 20, 1994, 108 Stat. 3913, 3916; Pub.

L. 103-437, Sec. 7(a)(2), Nov. 2, 1994, 108 Stat. 4587; Pub. L.

107-110, title X, Sec. 1076(h), Jan. 8, 2002, 115 Stat. 2091.)

-MISC1-

PRIOR PROVISIONS

A prior section 425 of Pub. L. 90-247 was renumbered section 432,

and is classified to section 1231b-2 of this title.

Another prior section 425 of Pub. L. 90-247 was renumbered

section 434, and is classified to section 1231d of this title.

Another prior section 425 of Pub. L. 90-247 was renumbered

section 423, and is classified to section 1226a-1 of this title.

AMENDMENTS

2002 - Par. (6). Pub. L. 107-110 substituted ''7941'' for

''8941''.

1994 - Pub. L. 103-437, which directed that section 417(a) of

Pub. L. 90-247 be amended by substituting ''Labor and Human

Resources'' for ''Human Resources'', could not be executed because

this section, which was section 417 of Pub. L. 90-247, was

renumbered section 425 and amended generally by Pub. L. 103-382.

Pub. L. 103-382, Sec. 235, amended section generally,

substituting single undesignated par. relating to biennial

evaluation reports for former subsecs. (a) and (b) relating to

annual evaluation reports and including requirement for information

on contracts and grants for evaluations of programs.

1984 - Subsec. (a). Pub. L. 98-511 substituted ''December 31''

for ''November 1''.

1980 - Subsec. (a)(F). Pub. L. 96-374 inserted '', including

tabulations of available data to indicate the effectiveness of the

programs and projects by the sex, race, and age of its

beneficiaries'' after ''detailed data and appendices''.

1979 - Subsec. (a). Pub. L. 96-46 substituted ''(a) Not later

than'' for ''(a)(1) Not later than'' and struck out par. (2) which

provided that, in the case of programs and projects assisted under

title I of the Elementary and Secondary Education Act of 1965, the

report include a survey of how many children counted under section

103(c) of such Act do or do not participate in such programs and

projects and how many disadvantaged children do or do not

participate in such programs and projects.

1978 - Subsec. (a)(1). Pub. L. 95-561 inserted ''(including

compliance with provisions of law requiring the maintenance of

non-Federal expenditures for the purposes of such applicable

programs)'' after ''effectiveness of applicable programs'' and

substituted ''Committee on Human Resources'' for ''Committee on

Labor and Public Welfare'' in provisions preceding subpar. (A).

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 711 of Pub. L. 98-511 provided that:

''(a) Except as provided in subsection (b), this Act and the

amendments made by this Act (see Tables for classification) shall

take effect on the date of enactment of this Act (Oct. 19, 1984) or

October 1, 1984, whichever occurs later.

''(b) The amendments made by title I of this Act (see Tables for

classification) shall take effect on July 1, 1985.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section

1393(a) of Pub. L. 96-374, set out as a note under section 1001 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-46 effective Oct. 1, 1978, see section 8

of Pub. L. 96-46, set out as a note under section 930 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section

1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3

of this title.

-CITE-

20 USC Sec. 1226c-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1226c-1. Availability of education reports, etc., to

Congressional committees

-STATUTE-

Any evaluation report or data or information collected in

preparation of such report, which is paid for with appropriated

funds, shall be made available, upon request, within 4 days to the

chairman and ranking minority member of the Committee on Education

and Labor of the House of Representatives and of the Committee on

Labor and Human Resources of the Senate.

-SOURCE-

(Pub. L. 95-561, title XV, Sec. 1523, Nov. 1, 1978, 92 Stat. 2378;

Pub. L. 103-437, Sec. 7(b), Nov. 2, 1994, 108 Stat. 4587.)

-COD-

CODIFICATION

Section was enacted as part of Education Amendments of 1978, and

not as part of General Education Provisions Act which comprises

this chapter.

-MISC3-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Labor and Human Resources''

for ''Human Resources''.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 1530(a) of Pub. L.

95-561, set out as an Effective Date of 1978 Amendment note under

section 1221e-3 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3489 of this title.

-CITE-

20 USC Sec. 1226d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1226d. Repealed. Pub. L. 96-470, title I, Sec. 106(a), Oct.

19, 1980, 94 Stat. 2238

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 418, as added Pub. L.

93-380, title V, Sec. 506(a)(3)(C), Aug. 21, 1974, 88 Stat. 564;

amended S. Res. 4, Feb. 4, 1977; Pub. L. 95-561, title XII, Sec.

1246(c), Nov. 1, 1978, 92 Stat. 2354; S. Res. 30, Mar. 7, 1979,

directed Assistant Secretary to submit to Committee on Education

and Labor of the House of Representatives and Committee on Labor

and Human Resources of the Senate comprehensive renewal evaluation

reports for applicable programs.

-CITE-

20 USC Sec. 1227 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1227. Repealed. Pub. L. 103-382, title II, Sec. 212(a)(1),

Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 419, formerly Sec. 417,

as added Pub. L. 92-318, title III, Sec. 304, June 23, 1972, 86

Stat. 333; renumbered Sec. 419 and amended Pub. L. 93-380, title V,

Sec. 506(a)(3)(A), (B), Aug. 21, 1974, 88 Stat. 563, related to

education program evaluations by Comptroller General.

-CITE-

20 USC Sec. 1228 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1228. Prohibition against use of appropriated funds for busing

-STATUTE-

No funds appropriated for the purpose of carrying out any

applicable program may be used for the transportation of students

or teachers (or for the purchase of equipment for such

transportation) in order to overcome racial imbalance in any school

or school system, or for the transportation of students or teachers

(or for the purchase of equipment for such transportation) in order

to carry out a plan of racial desegregation of any school or school

system, except for funds appropriated pursuant to title VIII of the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et

seq.), but not including any portion of such funds as are

attributable to children counted under section 8003(d) of such Act

(20 U.S.C. 7703(d)) or residing on property described in section

8013(10) of such Act (20 U.S.C. 7713(10)).

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 426, formerly Sec. 420, as added

Pub. L. 93-380, title II, Sec. 252, Aug. 21, 1974, 88 Stat. 519;

renumbered Sec. 426 and amended Pub. L. 103-382, title II, Sec.

212(b)(1), 261(b), Oct. 20, 1994, 108 Stat. 3913, 3927; Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1808(b)(2)), Oct. 30,

2000, 114 Stat. 1654, 1654A-382.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in text, is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended.

Title VIII of the Act is classified generally to subchapter VIII

(Sec. 7701 et seq.) of chapter 70 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6301 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 426 of Pub. L. 90-247 was renumbered section 433,

and is classified to section 1231c of this title.

Another prior section 426 of Pub. L. 90-247 was renumbered

section 435, and is classified to section 1231e of this title.

Another prior section 426 of Pub. L. 90-247 was renumbered

section 436, and was classified to section 1232e of this title

prior to repeal by Pub. L. 95-561.

AMENDMENTS

2000 - Pub. L. 106-398 substituted ''section 8003(d) of such

Act'' for ''subsections (d) and (g) of section 8003 of such Act''.

1994 - Pub. L. 103-382, Sec. 261(b), substituted ''title VIII of

the Elementary and Secondary Education Act of 1965'' for

''subchapter I of chapter 13 of this title'' and ''subsections (d)

and (g) of section 8003 of such Act or residing on property

described in section 8013(10) of such Act'' for ''subparagraph (C)

of section 238(d)(2) of this title or section 244(1)(C) of this

title''.

EFFECTIVE DATE

Section effective on and after sixtieth day after Aug. 21, 1974,

see section 2(c) of Pub. L. 93-380, set out as a note under section

1221-1 of this title.

-CITE-

20 USC Sec. 1228a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1228a. Equity for students, teachers, and other program

beneficiaries

-STATUTE-

(a) Purpose

The purpose of this section is to assist the Department in

implementing the Department's mission to ensure equal access to

education and to promote educational excellence throughout the

Nation, by -

(1) ensuring equal opportunities to participate for all

eligible students, teachers, and other program beneficiaries in

any project or activity carried out under an applicable program;

and

(2) promoting the ability of such students, teachers, and

beneficiaries to meet high standards.

(b) Requirement to develop steps to ensure equity

The Secretary shall require each applicant for assistance under

an applicable program (other than an individual) to develop and

describe in such applicant's application the steps such applicant

proposes to take to ensure equitable access to, and equitable

participation in, the project or activity to be conducted with such

assistance, by addressing the special needs of students, teachers,

and other program beneficiaries in order to overcome barriers to

equitable participation, including barriers based on gender, race,

color, national origin, disability, and age.

The Secretary may establish criteria and provide technical

assistance for meeting the requirements of this section.

(d) Effect on other laws

Nothing in this section shall be construed to alter in any way

the rights or responsibilities established under the laws cited in

section 1221(d) of this title.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 427, as added Pub. L. 103-382,

title II, Sec. 236, Oct. 20, 1994, 108 Stat. 3917.)

-MISC1-

PRIOR PROVISIONS

A prior section 427 of Pub. L. 90-247 was renumbered section 434,

and is classified to section 1231d of this title.

Another prior section 427 of Pub. L. 90-247 was renumbered

section 429, and was classified to section 1231f of this title

prior to repeal by Pub. L. 103-382.

EFFECTIVE DATE

Section effective July 1, 1995, for noncompetitive programs in

which funds are allocated on the basis of a formula and for

programs that are conducted on a competitive basis, with respect to

appropriations for use under such programs in fiscal year 1995 and

in subsequent fiscal years, see section 3(a)(2) of Pub. L. 103-382,

set out as an Effective Date of 1994 Amendment note under section

1221 of this title.

-CITE-

20 USC Sec. 1228b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1228b. Coordination

-STATUTE-

The National Assessment Governing Board, the Advisory Council on

Education Statistics, the National Education Goals Panel, and any

other board established to analyze, address, or approve education

content or student performance standards and assessments shall

coordinate and interact with one another in order to ensure that

each such entity does not duplicate activities to assist the States

in reforming their educational systems.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 428, as added Pub. L. 103-382,

title II, Sec. 237, Oct. 20, 1994, 108 Stat. 3917; amended Pub. L.

104-134, title I, Sec. 101(d) (title VII, Sec. 703(c)), Apr. 26,

1996, 110 Stat. 1321-211, 1321-255; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 428 of Pub. L. 90-247 was renumbered section 435,

and is classified to section 1231e of this title.

AMENDMENTS

1996 - Pub. L. 104-134 struck out ''the National Education

Standards and Improvement Council,'' before ''and any other

board''.

-CITE-

20 USC Sec. 1228c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

Part 2 - Planning and Evaluation of Federal Education Activities

-HEAD-

Sec. 1228c. Disclosure requirements

-STATUTE-

(a) In general

Each educational organization, prior to enrolling a minor and

prior to accepting funds for the cost of a minor's participation in

an educational program operated by such organization, shall

disclose the following information in written form to the minor or

the minor's parent.

(1) Method of solicitation and selection

The method of solicitation and selection of participants in the

educational program, including -

(A) the origin of any mailing list used for such solicitation

and selection;

(B) any recruitment through a local school official, teacher,

or school personnel, including any compensation or other

benefit offered to such official, teacher, or personnel for the

recommendation of a minor for participation in the educational

program;

outreach; and

(D) any cooperation with, or sponsorship by, a membership

organization, including a description of the cooperation or

sponsorship and the name of each such organization.

(2) Cost and fees

Information regarding the cost of the educational program and

information regarding the distribution of any enrollment fee,

including -

(A) the amount paid for, and the percentage of the total

educational program cost of, each feature of the educational

program, including -

(i) food;

(ii) lodging;

(iii) transportation;

(iv) program staffing;

(v) textbooks, syllabi, or other scholastic educational

program materials;

(vi) speaker fees; and

(vii) administrative expenses, including expenses related

to -

(I) the preparation of nonscholastic educational program

materials;

(II) the provision of financial assistance;

(III) mailing list rental or other recruitment activity;

and

(IV) administrative salaries and consulting fees;

(B) the identity of the organization or business providing

each of the features described in clauses (i) through (vii) of

subparagraph (A); and

officer, or employee of the educational organization to any

organization or business described in subparagraph (B),

including the salary or other compensation paid by such

organization or business to such board member, officer, or

employee.

(b) Nondiscriminatory enrollment and service policy

(1) In general

Each educational organization shall include a verifiable

statement in all enrollment or recruitment material that the

educational organization does not -

(A) fail or refuse to hire, or discharge, any individual, or

otherwise discriminate against any individual with respect to

compensation, terms, conditions, or privileges of employment;

(B) exclude any student from participation in an educational

program, discriminate against any student in providing the

benefits associated with such program (including any

scholarship or financial assistance, and use of any facility),

or subject the student to discrimination under such program, on

the basis of race, disability, or residence in a low-income

area.

(2) Construction

Nothing in this subsection shall be construed to entitle a

student to -

(A) participation in an educational program or any benefit

associated with such program; or

(B) a waiver of any fee charged for such participation or

benefit.

The Secretary shall -

(1)(A) widely disseminate information about the requirements of

this section to State and local school officials and parents; and

(B) require educational organizations to submit appropriate

information or assurances regarding such organizations'

compliance with this section; and

(2) take whatever other steps the Secretary determines are

appropriate to enforce this section, including -

(A) promulgating regulations;

(B) establishing a complaint process;

local authorities for appropriate action;

(D) alerting educational agencies, schools, and parents to

the practices of educational organizations that violate the

provisions of this section; and

(E) imposing civil fines (not to exceed $1,000 per violation)

on educational organizations that knowingly violate this

section.

(d) Definitions

As used in this section:

(1) Disability

The term ''disability'' has the same meaning given to such term

by section 12102(2) of title 42.

(2) Educational organization

(A) Except as provided in subparagraphs (B) and (C), the term

''educational organization'' means any organization or entity

that -

(i) provides an educational program for a fee; and

(ii) recruits students through means such as commercial

media, direct mailings, school recruitment programs, school

administrators, teachers or staff, or current or former

participants in an educational program offered by such

organization or entity.

(B) The definition in subparagraph (A) shall not include -

(i) a local educational agency, State educational agency, a

State department of education, or an elementary or secondary

school as defined by the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 6301 et seq.);

(ii) an institution of higher education as defined by section

1001 of this title; or

(iii) a local organization sponsored by an elementary or

secondary school, a recreational organization, an entertainment

organization, a local sports activity group, or a social club.

such term does not include an organization or entity that

provides an educational program if such organization or entity -

(i) recruits, for participation in such program, solely

through a local school official; and

(ii) does not offer a local school official, teacher, or

other school personnel compensation (other than compensation

for actual expenses incurred in performing chaperon activities

or for participating in separate, professionally-staffed

teacher training and technical assistance seminars and

workshops related to such program) or any other benefit for

such recruitment.

(3) Educational program

(A) Except as provided in subparagraph (B), the term

''educational program'' means a special honors program, seminar,

citizenship experience, government study program, educational

vacation, student exchange program, or other educational

experience or honor -

(i) that is generally directed toward minors or secondary

school students;

(ii) for which a tuition or enrollment fee is charged;

(iii) that is offered away from a student's regular place of

school attendance;

(iv) that includes not less than one supervised night away

from home; and

(v) that is intended to enhance a student's regular course of

study.

(B) Such term does not include a recreational program,

(FOOTNOTE 1) or a social or religious activity.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(4) Local school official

The term ''local school official'' means the highest

administrative official serving a school district, or such

individual's designee.

(5) Minor

The term ''minor'' means an individual who has not attained the

age of 18 years.

(6) Membership organization

The term ''membership organization'' includes any organization

that maintains a membership list or collects dues or membership

fees from its members.

(7) Recreational organization

The term ''recreational organization'' includes any

organization or entity that has as its primary function pleasure,

amusement, or sports activities.

(8) Recreational program

The term ''recreational program'' includes any activity or

service that is intended as an entertainment pastime.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 429, as added Pub. L. 103-382,

title II, Sec. 238, Oct. 20, 1994, 108 Stat. 3918; amended Pub. L.

105-244, title I, Sec. 102(a)(6)(C), Oct. 7, 1998, 112 Stat. 1618.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (d)(2)(B)(i), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat.

27, as amended, which is classified generally to chapter 70 (Sec.

6301 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6301 of

this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 429 of Pub. L. 90-247 was classified to section

1231f of this title prior to repeal by Pub. L. 103-382.

AMENDMENTS

1998 - Subsec. (d)(2)(B)(ii). Pub. L. 105-244 substituted

''section 1001'' for ''section 1141(a)''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC SUBCHAPTER III - GENERAL REQUIREMENTS AND

CONDITIONS CONCERNING OPERATION AND

ADMINISTRATION OF EDUCATION PROGRAMS:

GENERAL AUTHORITY OF SECRETARY 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

-HEAD-

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-382, title II, Sec. 261(c), Oct. 20, 1994, 108

Stat. 3927, substituted ''SECRETARY'' for ''COMMISSIONER OF

EDUCATION''.

1972 - Pub. L. 92-318, title III, Sec. 301(a)(1), June 23, 1972,

86 Stat. 326, redesignated former subchapter II as III. Former

subchapter III redesignated IV.

-CITE-

20 USC Sec. 1230 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

-HEAD-

Sec. 1230. Repealed. Pub. L. 103-382, title II, Sec. 212(a)(1),

Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 421, as added Pub. L.

93-380, title V, Sec. 507(a), Aug. 21, 1974, 88 Stat. 565; amended

Pub. L. 94-482, title IV, Sec. 404(a), Oct. 12, 1976, 90 Stat.

2230; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507,

Oct. 17, 1979, 93 Stat. 677, 692, specified programs subject to

provisions of this subchapter.

-CITE-

20 USC Part 1 - General Authority 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Part 1 - General Authority

-CITE-

20 USC Sec. 1231 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231. Joint funding of programs

-STATUTE-

(a) Joint projects; transfers of appropriations; contracts or

grants; criteria

(1) The Secretary is authorized to enter into arrangements with

other Federal agencies to jointly carry out projects of common

interest, to transfer to such agencies funds appropriated under any

applicable program, and to receive and use funds from such

agencies, for projects of common interest.

(2) Funds transferred or received pursuant to paragraph (1) shall

be used only in accordance with the statutes authorizing the

appropriation of such funds, and shall be made available by

contract or grant only to recipients eligible to receive such funds

under such statutes.

(3) If the Secretary enters into an agreement under this

subsection for the administration of a project, the agency

administering the project shall use such agency's procedures to

award contracts or grants and to administer such awards, unless the

parties to the agreement specify the use of procedures of another

agency that is a party to the agreement.

(4) If the Secretary has entered into an agreement authorized

under this subsection and the Secretary and the heads of the other

agencies participating in the agreement determine that joint

funding is necessary to address a special need consistent with the

purposes and authorized activities of each program that provides

funding under the joint project, the Secretary and the heads of the

other participating agencies may develop a single set of criteria

for the jointly funded project and require each applicant for such

project to submit a single application for review by the

participating agencies.

(b) Joint applications

The Secretary may develop the criteria for, and require the

submission of, joint applications under two or more applicable

programs under which funds are awarded on a competitive basis, and

may jointly review and approve such applications separately from

other applications under such programs, when the Secretary

determines that such joint awards are necessary to address a

special need consistent with the purposes and authorized activities

of each such program. Any applicant for such a joint award shall

meet the eligibility requirements of each such program.

The Secretary may not construe the provisions of this section to

take precedence over a limitation on joint funding contained in an

applicable statute.

(d) Congressional notice

(1) The Secretary shall provide notice to the Committee on

Education and Labor of the House of Representatives and to the

Committee on Labor and Human Resources of the Senate of each joint

funding agreement made with other Federal agencies not later than

60 days after the making of such agreements.

(2) Such notice shall include -

(A) a description of the purpose and objectives of the joint

funding arrangement;

(B) the amounts and sources, by program, of the funds dedicated

to such arrangement; and

grants.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 430, formerly Sec. 411, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

166; renumbered Sec. 421 and amended Pub. L. 92-318, title III,

Sec. 301(a)(1), 302(a), June 23, 1972, 86 Stat. 326, 332;

renumbered Sec. 421A, Pub. L. 93-380, title V, Sec. 507(a), Aug.

21, 1974, 88 Stat. 565; renumbered Sec. 430 and amended Pub. L.

103-382, title II, Sec. 212(b)(1), 241, Oct. 20, 1994, 108 Stat.

3913, 3921.)

-MISC1-

PRIOR PROVISIONS

A prior section 430 of Pub. L. 90-247 was renumbered section 436,

and is classified to section 1231g of this title.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 241, amended section generally.

Prior to amendment, section consisted of subsecs. (a) to (c)

relating to administration of education programs, delegations of

authority, utilization of services and facilities of other

agencies, and consolidation of programs.

1972 - Subsec. (c). Pub. L. 92-318, Sec. 302(a), added subsec.

(c).

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 1972 AMENDMENT; INCONSISTENT PROVISIONS

INEFFECTIVE

Section 302(c) of Pub. L. 92-318 provided that: ''The provisions

of section 421(c) (now 430(c)) of the General Education Provisions

Act (subsec. (c) of this section) shall be effective upon the date

of enactment of this Act (June 23, 1972). No provision of any law

which is inconsistent with such section 421(c) shall be effective

nor shall any such provision control to the extent of such

inconsistency, unless such a law is enacted after the date of

enactment of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9518 of this title.

-CITE-

20 USC Sec. 1231a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231a. Collection and dissemination of information

-STATUTE-

The Secretary shall -

(1) prepare and disseminate to State and local educational

agencies and institutions information concerning applicable

programs, and cooperate with other Federal officials who

administer programs affecting education in disseminating

information concerning such programs;

(2) inform the public regarding federally supported education

programs; and

(3) collect data and information on applicable programs for the

purpose of obtaining objective measurements of the effectiveness

of such programs in achieving the intended purposes of such

programs.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 431, formerly Sec. 412, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

166; renumbered Sec. 422 and amended Pub. L. 92-318, title III,

Sec. 301(a)(1), (b)(2)(B), June 23, 1972, 86 Stat. 326, 332; Pub.

L. 94-482, title IV, Sec. 409(b), Oct. 12, 1976, 90 Stat. 2233;

renumbered Sec. 431, renumbered Sec. 422, and amended Pub. L.

103-382, title II, Sec. 212(b)(1), 242, Oct. 20, 1994, 108 Stat.

3913, 3922; renumbered Sec. 431, Pub. L. 107-110, title X, Sec.

1062(1), Jan. 8, 2002, 115 Stat. 2087.)

-MISC1-

PRIOR PROVISIONS

A prior section 431 of Pub. L. 90-247 was renumbered section 437,

and is classified to section 1232 of this title.

Another prior section 431 of Pub. L. 90-247 was renumbered

section 441, and was classified to section 1233 of this title prior

to repeal by Pub. L. 103-382.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 242, amended section generally.

Prior to amendment, section consisted of subsecs. (a) to (c)

relating to duty to collect and disseminate information about

applicable programs and to submit an annual report to Congress and

authorizing use of contract to carry out this section.

1976 - Subsec. (b). Pub. L. 94-482 substituted ''June 30'' for

''March 31''.

1972 - Subsec. (a)(4). Pub. L. 92-318, Sec. 301(b)(2)(B),

substituted ''(as set forth in section 1221c(a) of this title)''

for ''(as set forth in section 1 of this title)''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-482 effective 30 days after Oct. 12,

1976, except either as specifically otherwise provided or, if not

so specifically otherwise provided, effective July 1, 1976, for

those amendments providing for authorization of appropriations, see

section 532 of Pub. L. 94-482, set out as a note under section 1001

of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301(b)(2)(B) of Pub. L. 92-318 provided that the

amendment made by Pub. L. 92-318 is effective July 1, 1972.

EVALUATION PRACTICES AND PROCEDURES AT NATIONAL, STATE, AND LOCAL

LEVELS FOR FEDERALLY FUNDED ELEMENTARY AND SECONDARY EDUCATIONAL

PROGRAMS; REPORT TO CONGRESS

Pub. L. 95-561, title XV, Sec. 1526, Nov. 1, 1978, 92 Stat. 2379,

as amended by Pub. L. 96-46, Sec. 2(a)(9), Aug. 6, 1979, 93 Stat.

340; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507,

Oct. 17, 1979, 93 Stat. 677, 692, directed Secretary of Education

to conduct a study of evaluation practices and procedures at the

national, State, and local levels with respect to federally funded

elementary and secondary educational programs and include in the

first annual report to Congress submitted more than eighteen months

after Nov. 1, 1978, proposals and recommendations for the revision

or modification of any part or all of such practices and

procedures.

-CITE-

20 USC Sec. 1231b, 1231b-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231b, 1231b-1. Repealed. Pub. L. 103-382, title II, Sec.

212(a)(1), Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section 1231b, Pub. L. 90-247, title IV, Sec. 423, formerly Sec.

413, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 167; renumbered Sec. 423, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L. 96-88,

title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93

Stat. 677, 692, related to catalog of Federal education assistance

programs.

Section 1231b-1, Pub. L. 90-247, title IV, Sec. 424, as added

Pub. L. 93-380, title V, Sec. 508(a), Aug. 21, 1974, 88 Stat. 565;

amended Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title V,

Sec. 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, related to

compilation of assisted innovative projects.

-CITE-

20 USC Sec. 1231b-2 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231b-2. Review of applications

-STATUTE-

(a) Persons aggrieved; final State educational agency actions;

hearing; ruling and reasons for ruling; rescission of final

actions

In the case of any applicable program under which financial

assistance is provided to (or through) a State educational agency

to be expended in accordance with a State plan approved by the

Secretary, any applicant or recipient aggrieved by the final action

of the State educational agency, and alleging a violation of State

or Federal law, rules, regulations, or guidelines governing the

applicable program, in (1) disapproving or failing to approve its

application or program in whole or part, (2) failing to provide

funds in amounts in accord with the requirements of laws and

regulations, (3) ordering, in accordance with a final State audit

resolution determination, the repayment of misspent or misapplied

Federal funds, or (4) terminating further assistance for an

approved program, may within thirty days request a hearing. Within

thirty days after it receives such a request, the State educational

agency shall hold a hearing on the record and shall review such

final action. No later than ten days after the hearing, the State

educational agency shall issue its written ruling, including

reasons therefor. If it determines such final action was contrary

to Federal or State law, or the rules, regulations, and guidelines

governing such applicable program, it shall rescind such final

action.

(b) Appeals to Secretary; persons aggrieved; notice; orders

prescribing appropriate agency actions; finality of agency fact

findings; interim orders pending appeal or review

Any applicant or recipient aggrieved by the failure of a State

educational agency to rescind its final action after a review under

subsection (a) of this section may appeal such action to the

Secretary. An appeal under this subsection may be taken only if

notice of such appeal is filed with the Secretary within twenty

days after the applicant or recipient has been notified by the

State educational agency of the results of its review under

subsection (a) of this section. If, on such appeal, the Secretary

determines the final action of the State educational agency was

contrary to Federal law, or the rules, regulations, and guidelines

governing the applicable program, he shall issue an order to the

State educational agency prescribing appropriate action to be taken

by such agency. On such appeal, findings of fact of the State

educational agency, if supported by substantial evidence, shall be

final. The Secretary may also issue such interim orders to State

educational agencies as he may deem necessary and appropriate

pending appeal or review.

Each State educational agency shall make available at reasonable

times and places to each applicant or recipient under a program to

which this section applies all records of such agency pertaining to

any review or appeal such applicant or recipient is conducting

under this section, including records of other applicants.

(d) Termination of assistance for noncompliance with provisions or

orders

If any State educational agency fails or refuses to comply with

any provision of this section, or with any order of the Secretary

under subsection (b) of this section, the Secretary shall forthwith

terminate all assistance to the State educational agency under the

applicable program affected or issue such other orders as the

Secretary may deem appropriate to achieve such compliance.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 432, formerly Sec. 425, as added

Pub. L. 93-380, title V, Sec. 508(a), Aug. 21, 1974, 88 Stat. 566;

amended Pub. L. 95-561, title XII, Sec. 1247, Nov. 1, 1978, 92

Stat. 2354; renumbered Sec. 432 and amended Pub. L. 103-382, title

II, Sec. 212(b)(1), 243, Oct. 20, 1994, 108 Stat. 3913, 3922.)

-MISC1-

PRIOR PROVISIONS

A prior section 432 of Pub. L. 90-247 was renumbered section 438,

and is classified to section 1232a of this title.

Another prior section 432 of Pub. L. 90-247 was renumbered

section 442, and was classified to section 1233a of this title

prior to repeal by Pub. L. 103-382.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-382, Sec. 243(1)(C), (D),

inserted comma after ''the hearing'' in third sentence and

substituted ''guidelines governing such applicable program, it''

for ''guidelines, governing such applicable program it'' in fourth

sentence.

Pub. L. 103-382, Sec. 243(1)(A), (B), substituted ''Secretary,

any applicant'' for ''Commissioner, and in the case of the program

provided for in title I of the Elementary and Secondary Education

Act of 1965, any applicant''.

Subsec. (b). Pub. L. 103-382, Sec. 243(2), substituted

''Secretary'' for ''Commissioner'' wherever appearing.

Subsec. (d). Pub. L. 103-382, Sec. 243(3), substituted

''Secretary under'' for ''Commissioner under'' and ''Secretary

shall'' for ''Commissioner shall'' and inserted before period at

end ''or issue such other orders as the Secretary may deem

appropriate to achieve such compliance''.

1978 - Subsec. (a). Pub. L. 95-561 added cl. (3) relating to the

ordering, in accordance with a final State audit resolution

determination, the repayment of misspent or misapplied Federal

funds, and redesignated former cl. (3) as (4).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section

1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3

of this title.

EFFECTIVE DATE

Section 508(b) of Pub. L. 93-380 provided that: ''The amendments

made by subsection (a) (enacting this section and section 1231b-1

of this title) shall be effective on the date of enactment of this

Act (Aug. 21, 1974).''

-CITE-

20 USC Sec. 1231c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231c. Advice, counsel, and technical assistance

-STATUTE-

(a) State educational agencies, institutions of higher education

For the purpose of carrying out more effectively Federal

education programs, the Secretary is authorized, upon request, to

provide advice, counsel, and technical assistance to State

educational agencies, institutions of higher education, and, with

the approval of the appropriate State educational agency,

elementary and secondary schools -

(1) in determining benefits available to them under Federal

law;

(2) in preparing applications for, and meeting requirements of,

applicable programs;

(3) in order to enhance the quality, increase the depth, or

broaden the scope of activities under applicable programs; and

(4) in order to encourage simplification of applications,

reports, evaluations, and other administrative procedures.

(b) Cost allocation, collection, etc., by local educational

agencies

The Secretary shall permit local educational agencies to use

organized and systematic approaches in determining cost allocation,

collection, measurement, and reporting under any applicable

program, if he determines (1) that the use of such approaches will

not in any manner lessen the effectiveness and impact of such

program in achieving purposes for which it is intended, (2) that

the agency will use such procedures as will insure adequate

evaluation of each of the programs involved, and (3) that such

approaches are consistent with criteria prescribed by the

Comptroller General of the United States for the purposes of

audit. For the purpose of this subsection a cost is allocable to a

particular cost objective to the extent of relative benefits

received by such objective.

In awarding contracts and grants for the development of curricula

or instructional materials, the Secretary and the Director of the

National Institute of Education shall -

(1) encourage applicants to assure that such curricula or

instructional materials will be developed in a manner conducive

to dissemination through continuing consultations with

publishers, personnel of State and local educational agencies,

teachers, administrators, community representatives, and other

individuals experienced in such dissemination;

(2) permit applicants to include provision for reasonable

consultation fees or planning costs; and

(3) insure that grants to public agencies and nonprofit private

organizations and contracts with public agencies and private

organizations for publication and dissemination of curricula or

instructional materials, or both, are awarded competitively to

such agencies and organizations which provide assurances that the

curricula and instructional materials will reach the target

populations for which they were developed.

(d) Annual report by Secretary

The Secretary's annual report shall contain a statement of the

Secretary's activities under this section.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 433, formerly Sec. 414, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

167; renumbered Sec. 424, Pub. L. 92-318, title III, Sec.

301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec. 426, Pub.

L. 93-380, title V, Sec. 508(a), Aug. 21, 1974, 88 Stat. 565;

amended Pub. L. 95-561, title XII, Sec. 1248, Nov. 1, 1978, 92

Stat. 2354; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec.

507, Oct. 17, 1979, 93 Stat. 677, 692; renumbered Sec. 433, Pub. L.

103-382, title II, Sec. 212(b)(1), Oct. 20, 1994, 108 Stat. 3913.)

-MISC1-

PRIOR PROVISIONS

A prior section 433 of Pub. L. 90-247 was renumbered section 439,

and is classified to section 1232b of this title.

Another prior section 433 of Pub. L. 90-247 was renumbered

section 443, and was classified to section 1233b of this title

prior to repeal by Pub. L. 103-382.

AMENDMENTS

1978 - Subsecs. (c), (d). Pub. L. 95-561 added subsec. (c) and

redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section

1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3

of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary'' and ''Secretary's'', meaning the Secretary of

Education, substituted for ''Commissioner'' and ''Commissioner's'',

respectively, in subsecs. (a) to (d) pursuant to sections 301(a)(1)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(1) and 3507 of this title and which transferred functions

of Commissioner of Education to Secretary of Education.

NATIONAL INSTITUTE OF EDUCATION

The National Institute of Education consisting of a National

Council on Educational Research and a Director of the Institute was

established by section 1221e of this title which, as amended

generally by Pub. L. 99-498, title XIV, Sec. 1401(a), Oct. 17,

1986, 100 Stat. 1589, provided objectives and duties for the Office

of Educational Research and Improvement and established the

National Advisory Council on Educational Research and Improvement,

and section 1401(b) of Pub. L. 99-498 transferred the property and

records of the National Institute of Education to the Office of

Educational Research and Improvement.

-CITE-

20 USC Sec. 1231c-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231c-1. Repealed. Pub. L. 103-382, title II, Sec. 212(a)(1),

Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 426A, as added Pub. L.

95-561, title XII, Sec. 1202, Nov. 1, 1978, 92 Stat. 2334; amended

Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title V, Sec.

507, Oct. 17, 1979, 93 Stat. 677, 678, 692, related to equalization

assistance.

-CITE-

20 USC Sec. 1231d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231d. Parental involvement and dissemination

-STATUTE-

In the case of any applicable program in which the Secretary

determines that parental participation at the State or local level

would increase the effectiveness of the program in achieving its

purposes, the Secretary shall promulgate regulations with respect

to such program setting forth criteria designed to encourage such

participation. If the program for which such determination is made

provides for payments to local educational agencies, applications

for such payments shall -

(1) set forth such policies and procedures as will ensure that

programs and projects assisted under the application have been

planned and developed, and will be operated, in consultation

with, and with the involvement of, parents of the children to be

served by such programs and projects;

(2) be submitted with assurance that such parents have had an

opportunity to present their views with respect to the

application; and

(3) set forth policies and procedures for adequate

dissemination of program plans and evaluations to such parents

and the public.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 434, formerly Sec. 415, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

168; renumbered Sec. 425, Pub. L. 92-318, title III, Sec.

301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec. 427, Pub.

L. 93-380, title V, Sec. 508(a), Aug. 21, 1974, 88 Stat. 565;

renumbered Sec. 434 and amended Pub. L. 103-382, title II, Sec.

212(b)(1), 244, Oct. 20, 1994, 108 Stat. 3913, 3922.)

-MISC1-

PRIOR PROVISIONS

A prior section 434 of Pub. L. 90-247 was renumbered section 440,

and is classified to section 1232c of this title.

Another prior section 434 of Pub. L. 90-247 was renumbered

section 444, and was classified to section 1233c of this title

prior to repeal by Pub. L. 103-382.

Another prior section 434 of Pub. L. 90-247 was classified to

section 1232c of this title prior to repeal by Pub. L. 95-561.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 244, substituted ''Secretary

determines'' for ''Commissioner determines'' and ''the Secretary

shall'' for ''he shall'' and inserted ''is made'' after ''such

determination''.

-CITE-

20 USC Sec. 1231e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231e. Use of funds withheld

-STATUTE-

(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)

of this section -

(1) to increase the allotments or reallotments of local

educational agencies within the State that are not described in

subsection (a) of this section, 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-

(Pub. L. 90-247, title IV, Sec. 435, formerly Sec. 416, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

168; renumbered Sec. 426, Pub. L. 92-318, title III, Sec.

301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec. 428, Pub.

L. 93-380, title V, Sec. 508(a), Aug. 21, 1974, 88 Stat. 565;

renumbered Sec. 435 and amended Pub. L. 103-382, title II, Sec.

212(b)(1), 245, Oct. 20, 1994, 108 Stat. 3913, 3922.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (a), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified generally to subchapter V

(Sec. 2000d et seq.) of chapter 21 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 2000a of Title 42 and

Tables.

The Education Amendments of 1972, referred to in subsec. (a), is

Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX

of the Act, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, is classified principally to chapter 38 (Sec. 1681

et seq.) of this title. For complete classification of title IX to

the Code, see Short Title note set out under section 1681 of this

title and Tables.

The Age Discrimination Act of 1975, referred to in subsec. (a),

is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as

amended, which is classified generally to chapter 76 (Sec. 6101 et

seq.) 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 6101 of this Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 435 of Pub. L. 90-247 was renumbered section 441,

and is classified to section 1232d of this title.

Another prior section 435 of Pub. L. 90-247 was renumbered

section 423, and is classified to section 1226a-1 of this title.

Another prior section 435 of Pub. L. 90-247 was renumbered

section 445, and is classified to section 1233d of this title prior

to repeal by Pub. L. 103-382.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 245, amended section generally.

Prior to amendment, section consisted of single par. relating to

use of funds withheld for failure to comply with title VI of the

Civil Rights Act of 1964.

-CITE-

20 USC Sec. 1231f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 1 - General Authority

-HEAD-

Sec. 1231f. Repealed. Pub. L. 103-382, title II, Sec. 212(a)(1),

Oct. 20, 1994, 108 Stat. 3913

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 429, formerly Sec. 417,

as added Pub. L. 91-230, title IV Sec. 401(a)(10), Apr. 13, 1970,

84 Stat. 168; renumbered Sec. 427, Pub. L. 92-318, title III, Sec.

301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec. 429 and

amended Pub. L. 93-380, title V, Sec. 501(b)(2), 508(a), Aug. 21,

1974, 88 Stat. 558, 565; Pub. L. 96-88, title III, Sec. 301(a)(1),

(b)(2), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 678, 692,

authorized transfer of information.

-CITE-

20 USC Part 2 - Administration: Requirements and

Limitations 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 2 - Administration: Requirements and Limitations

-HEAD-

Part 2 - Administration: Requirements and Limitations

-CITE-

20 USC Sec. 1231g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 2 - Administration: Requirements and Limitations

-HEAD-

Sec. 1231g. Applications

-STATUTE-

(a) Submission and amendments of applications

Notwithstanding any other provision of law, unless expressly in

limitation of the provisions of this section, the Secretary is

authorized to provide for the submission of applications for

assistance effective for more than one fiscal year under any

applicable program with whatever amendments to such applications

being required as the Secretary determines essential.

(b) Uniform dates

The Secretary shall, insofar as is practicable, establish uniform

dates during the year for the submission of applications under all

applicable programs and for the approval of such applications.

The Secretary shall, insofar as is practicable, develop and

require the use of -

(1) a common application for grants to local educational

agencies in applicable programs administered by State educational

agencies in which the funds are distributed to such local

agencies pursuant to some objective formula, and such application

shall be used as the single application for as many of these

programs as is practicable;

(2) a common application for grants to local educational

agencies in applicable programs administered by State educational

agencies in which the funds are distributed to such local

agencies on a competitive or discretionary basis, and such

application shall be used as the single application for as many

of such programs as is practicable; and

(3) a common application for grants to local educational

agencies in applicable programs which are directly administered

by the Secretary, and such application shall be used as the

single application for as many of these programs as is

practicable.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 436, formerly Sec. 430, as added

Pub. L. 95-561, title XII, Sec. 1213, Nov. 1, 1978, 92 Stat. 2342;

renumbered Sec. 436 and amended Pub. L. 103-382, title II, Sec.

212(b)(1), 246, Oct. 20, 1994, 108 Stat. 3913, 3923.)

-MISC1-

PRIOR PROVISIONS

A prior section 436 of Pub. L. 90-247 was renumbered section 442,

and is classified to section 1232e of this title.

Another prior section 436 of Pub. L. 90-247 was classified to

section 1232e of this title prior to repeal by Pub. L. 95-561.

Another prior section 436 of Pub. L. 90-247 was renumbered

section 446, and was classified to section 1233e of this title

prior to repeal by Pub. L. 103-382.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 246(2), substituted ''Secretary''

for ''Commissioner'' wherever appearing.

Subsec. (a). Pub. L. 103-382, Sec. 246(1), substituted ''for more

than one fiscal year'' for ''for three fiscal years''.

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 1530(a) of Pub. L.

95-561, set out as an Effective Date of 1978 Amendment note under

section 1221e-3 of this title.

-CITE-

20 USC Sec. 1232 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 2 - Administration: Requirements and Limitations

-HEAD-

Sec. 1232. Regulations

-STATUTE-

(a) ''Regulation'' defined

For the purpose of this section, the term ''regulation'' means

any generally applicable rule, regulation, guideline,

interpretation, or other requirement that -

(1) is prescribed by the Secretary or the Department; and

(2) has legally binding effect in connection with, or

affecting, the provision of financial assistance under any

applicable program.

(b) Citation of authority

Regulations shall contain, immediately following each substantive

provision of such regulations, citations to the particular section

or sections of statutory law or other legal authority on which such

provision is based.

All regulations shall be uniformly applied and enforced

throughout the 50 States.

(d) Application of exemption

The exemption for public property, loans, grants and benefits in

section 553(a)(2) of title 5 shall apply only to regulations -

(1) that govern the first grant competition under a new or

substantially revised program authority as determined by the

Secretary; or

(2) where the Secretary determines that the requirements of

this subsection will cause extreme hardship to the intended

beneficiaries of the program affected by such regulations.

(e) Schedule for promulgation of final regulations

Not later than 60 days after the date of enactment of any Act, or

any portion of any Act, affecting the administration of any

applicable program, the Secretary shall submit to the Committee on

Education and Labor of the House of Representatives and the

Committee on Labor and Human Resources of the Senate a schedule in

accordance with which the Secretary plans to promulgate final

regulations that the Secretary determines are necessary to

implement such Act or portion of such Act. Such schedule shall

provide that all such final regulations shall be promulgated within

360 days after the date of enactment of such Act or portion of such

Act.

(f) Transmittal of final regulations

Concurrently with the publication of any final regulations, the

Secretary shall transmit a copy of such final regulations to the

Speaker of the House of Representatives and the President pro

tempore of the Senate.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 437, formerly Sec. 421, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

169; renumbered Sec. 431, Pub. L. 92-318, title III, Sec.

301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L. 93-380,

title V, Sec. 509(a), Aug. 21, 1974, 88 Stat. 566; Pub. L. 94-142,

Sec. 7, Nov. 29, 1975, 89 Stat. 796; Pub. L. 94-482, title IV, Sec.

405, Oct. 12, 1976, 90 Stat. 2231; Pub. L. 96-374, title XIII, Sec.

1302, Oct. 3, 1980, 94 Stat. 1497; Pub. L. 97-35, title V, Sec.

533(a)(3), Aug. 13, 1981, 95 Stat. 453; renumbered Sec. 437 and

amended Pub. L. 103-382, title II, Sec. 212(b)(1), 247, Oct. 20,

1994, 108 Stat. 3913, 3923; Pub. L. 103-437, Sec. 7(a)(1), Nov. 2,

1994, 108 Stat. 4587.)

-MISC1-

PRIOR PROVISIONS

A prior section 437 of Pub. L. 90-247 was renumbered section 443,

and is classified to section 1232f of this title.

Another prior section 437 of Pub. L. 90-247 was renumbered

section 406A, and was classified to section 1221e-1a of this title

prior to repeal by Pub. L. 103-382.

Another prior section 437 of Pub. L. 90-247 was renumbered

section 447, and was classified to section 1233f of this title

prior to repeal by Pub. L. 103-382.

AMENDMENTS

1994 - Pub. L. 103-437, which directed that section 431(b)(2)(B),

(d)(2), and (g) of Pub. L. 90-247 be amended by substituting

''Labor and Human Resources'' for ''Labor and Public Welfare'',

could not be executed because this section, which was section 431

of Pub. L. 90-247, was renumbered section 437 and amended generally

by Pub. L. 103-382.

Pub. L. 103-382, Sec. 247, amended section generally. Prior to

amendment, section consisted of subsecs. (a) to (g) relating to

promulgation of regulations by Secretary, and their publication,

application, disapproval by Congress, and modification subsequent

to disapproval.

1981 - Subsec. (d)(1). Pub. L. 97-35 substituted ''final

regulation (except expected family contribution schedules and any

amendments thereto promulgated pursuant to sections 1078(a)(2)(D)

and (E) and 1089(a)(1) of this title) as required'' for ''final

regulation as required''.

1980 - Subsec. (d)(1). Pub. L. 96-374 inserted '', in whole or in

part'' after ''disapprove such final regulation''.

1976 - Subsec. (a). Pub. L. 94-482, Sec. 405(a), added par. (1),

designated existing provisions which constituted entire subsec. (a)

as par. (2) and, as so redesignated, struck out applicability to

rules, guidelines, interpretations, or orders.

Subsec. (b)(1). Pub. L. 94-482, Sec. 405(b)(1), substituted

''proposed regulation'' for ''standard, rule, regulation, or

requirement of general applicability''.

Subsec. (b)(2)(A). Pub. L. 94-482, Sec. 405(b)(2), substituted

''regulation'' for ''standard, rule, regulation, or general

requirement'' in two places.

Subsec. (c). Pub. L. 94-482, Sec. 405(c), struck out

applicability to rules, guidelines, interpretations, or orders.

Subsec. (d)(1). Pub. L. 94-482, Sec. 405(d)(1), (2), struck out

applicability to standards, rules, requirements, or requirements of

general applicability.

Subsec. (d)(2). Pub. L. 94-482, Sec. 405(d)(3), substituted

''regulation'' for ''standard, rule, regulation, or requirement''

wherever appearing.

Subsec. (e). Pub. L. 94-482, Sec. 405(e), substituted

''regulation'' for ''standard, rule, regulation, or requirement''

wherever appearing and ''final regulation'' for ''proposed

standard, rule, regulation, or requirement of general

applicability''.

Subsec. (g). Pub. L. 94-482, Sec. 405(f), substituted ''final

regulations'' for ''rules, regulations, and guidelines'' wherever

appearing.

1975 - Subsec. (d)(1). Pub. L. 94-142, Sec. 7(a)(1), (b),

inserted ''final'' before ''standard'' wherever appearing in

existing provisions and inserted provisions covering the effect of

the failure of Congress to adopt the concurrent resolution with

respect to any final standard, rule, regulation, or requirement.

Subsec. (d)(2). Pub. L. 94-142, Sec. 7(a)(2), (3), substituted

''objection to the final standard'' for ''objection to the proposed

standard'', ''effective date of the final standard'' for

''effective date of the standard'', and ''In no event shall the

final standard'' for ''In no event shall the standard''.

1974 - Subsec. (b). Pub. L. 93-380, Sec. 509(a)(1), designated

existing provisions as par. (1) and added par. (2).

Subsecs. (d) to (g). Pub. L. 93-380, Sec. 509(a)(2), added

subsecs. (d) to (g).

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Section 540(a) of Pub. L. 97-35 provided that the amendment made

by Pub. L. 97-35 is effective Oct. 1, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section

1393(a) of Pub. L. 96-374, set out as a note under section 1001 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-482 effective 30 days after Oct. 12,

1976, except either as specifically otherwise provided or, if not

so specifically otherwise provided, effective July 1, 1976, for

those amendments providing for authorization of appropriations, see

section 532 of Pub. L. 94-482, set out as a note under section 1001

of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 8 of Pub. L. 94-142 provided that:

''(a) Notwithstanding any other provision of law, the amendments

made by sections 2(a), 2(b), and 2(c) (amending sections 1411 and

1412 of this title as in effect through Sept. 30, 1977, and

amending provisions set out as notes under sections 1411 to 1413 of

this title) shall take effect on July 1, 1975.

''(b) The amendments made by sections 2(d), 2(e), 3, 6, and 7

(enacting sections 1405 and 1406 of this title, amending this

section and sections 1412 and 1453 of this title, enacting

provisions set out as a note under section 1411 of this title, and

amending provisions set out as a note under section 1401 of this

title) shall take effect on the date of the enactment of this Act

(Nov. 29, 1975).

''(c) The amendments made by sections 4 and 5(a) (enacting

sections 1415 to 1420 of this title and amending sections 1401,

1411, 1412, 1413, and 1414 of this title) shall take effect on

October 1, 1977, except that the provisions of clauses (A), (C),

(D), and (E) of paragraph (2) of section 612 of the Act (section

1412 of this title), as amended by this Act, section 617(a)(1)(D)

of the Act (section 1417(a)(1)(D) of this title), as amended by

this Act, section 617(b) of the Act (section 1417(b) of this

title), as amended by this Act, and section 618(a) of the Act

(section 1418(a) of this title), as amended by this Act, shall take

effect on the date of the enactment of this Act (Nov. 29, 1975).

''(d) The provisions of section 5(b) (amending section 1411 of

this title and enacting provisions set out as notes under section

1411 of this title) shall take effect on the date of the enactment

of this Act (Nov. 29, 1975).''

EFFECTIVE DATE OF 1974 AMENDMENT

Section 509(b) of Pub. L. 93-380 provided that: ''The amendment

made by paragraph (2) of subsection (a) (amending this section)

shall be effective on the date of enactment of this (Aug. 21, 1974)

and shall be effective with respect to the provisions of this Act

(see Short Title note set out under section 821 of this title).''

STUDY AND REPORT ON RULES AND REGULATIONS

Pub. L. 92-318, title V, Sec. 503, June 23, 1972, 86 Stat. 346,

provided for a study by the Commissioner of all rules, regulations,

etc., in connection with the administration of any program to which

the General Education Provisions Act (this chapter) applies, with a

report to be submitted to Congress not later than one year after

June 23, 1972. Such section further mandated the publication of all

rules, regulations, etc., in the Federal Register not later than 60

days after submission of such report, followed by a public hearing

on such matters within the 60 day period following such

publication. Such section then required a subsequent report to the

relevant Congressional Committees on such hearings, and a

republication of all rules and regulations in the Federal Register,

such republished rules, etc., to supercede all preceding rules and

regulations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 927, 1087g, 1098a, 9581

of this title.

-CITE-

20 USC Sec. 1232-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 2 - Administration: Requirements and Limitations

-HEAD-

Sec. 1232-1. Repealed. Pub. L. 98-511, title I, Sec. 109(b), Oct.

19, 1984, 98 Stat. 2369

-MISC1-

Section, Pub. L. 90-247, title IV, Sec. 431A, as added Pub. L.

94-482, title III, Sec. 323(b), Oct. 12, 1976, 90 Stat. 2218;

amended Pub. L. 95-561, title XII, Sec. 1249, Nov. 1, 1978, 92

Stat. 2355; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec.

507, Oct. 17, 1979, 93 Stat. 677, 692, provided for maintenance of

effort determinations, providing in subsection: (a) for

promulgation of regulations and determination of amount expended,

(b) for waiver of requirements, (c) for objective criteria in

carrying out waiver authority, and (d) for duration of

effectiveness of requirements.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1985, see section 711(b) of Pub. L.

98-511, set out as an Effective Date of 1984 Amendment note under

section 1226c of this title.

-CITE-

20 USC Sec. 1232a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 2 - Administration: Requirements and Limitations

-HEAD-

Sec. 1232a. Prohibition against Federal control of education

-STATUTE-

No provision of any applicable program shall be construed to

authorize any department, agency, officer, or employee of the

United States to exercise any direction, supervision, or control

over the curriculum, program of instruction, administration, or

personnel of any educational institution, school, or school system,

or over the selection of library resources, textbooks, or other

printed or published instructional materials by any educational

institution or school system, or to require the assignment or

transportation of students or teachers in order to overcome racial

imbalance.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 438, formerly Sec. 422, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

169; renumbered Sec. 432 and amended Pub. L. 92-318, title III,

Sec. 301(a)(1), title VII, Sec. 717(b), June 23, 1972, 86 Stat.

326, 369; Pub. L. 94-482, title IV, Sec. 404(b), Oct. 12, 1976, 90

Stat. 2230; renumbered Sec. 438, Pub. L. 103-382, title II, Sec.

212(b)(1), Oct. 20, 1994, 108 Stat. 3913.)

-MISC1-

PRIOR PROVISIONS

A prior section 438 of Pub. L. 90-247 was renumbered section 444,

and is classified to section 1232g of this title.

Another prior section 438 of Pub. L. 90-247 was renumbered

section 448, and was classified to section 1233g of this title

prior to repeal by Pub. L. 103-382.

AMENDMENTS

1976 - Pub. L. 94-482 substituted provisions prohibiting any

applicable program from exercising Federal control of education,

for provisions prohibiting such specific Federal laws as the Act of

Sept. 30, 1950, National Defense Education Act of 1958, Act of

Sept. 23, 1950, Higher Education Facilities Act of 1963, Elementary

and Secondary Education Act of 1965, Higher Education Act of 1965,

International Education Act of 1966, Emergency School Aid Act, and

the Vocational Education Act of 1963 from exercising such Federal

control.

1972 - Pub. L. 92-318, Sec. 717(b), inserted ''the Emergency

School Aid Act;'' after ''the International Education Act of

1966;''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-482 effective 30 days after Oct. 12,

1976, except either as specifically otherwise provided or, if not

so specifically otherwise provided, effective July 1, 1976, for

those amendments providing for authorization of appropriations, see

section 532 of Pub. L. 94-482, set out as a note under section 1001

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3921 of this title.

-CITE-

20 USC Sec. 1232b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 2 - Administration: Requirements and Limitations

-HEAD-

Sec. 1232b. Labor standards

-STATUTE-

All laborers and mechanics employed by contractors or

subcontractors on all construction and minor remodeling projects

assisted under any applicable program shall be paid wages at rates

not less than those prevailing on similar construction and minor

remodeling in the locality as determined by the Secretary of Labor

in accordance with sections 3141-3144, 3146, and 3147 of title 40.

The Secretary of Labor shall have, with respect to the labor

standards specified in this section, the authority and functions

set forth in Reorganization Plan Numbered 14 of 1950 and section

3145 of title 40.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 439, formerly Sec. 423, as added

Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat.

169; renumbered Sec. 433, Pub. L. 92-318, title III, Sec.

301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec. 439 and

amended Pub. L. 103-382, title II, Sec. 212(b)(1), 261(d), Oct. 20,

1994, 108 Stat. 3913, 3927.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

''Sections 3141-3144, 3146, and 3147 of title 40'' substituted

for ''the Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5)''

and ''section 3145 of title 40'' substituted for ''section 2 of the

Act of June 13, 1934, as amended (40 U.S.C. 276c)'' on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-MISC3-

PRIOR PROVISIONS

A prior section 439 of Pub. L. 90-247 was renumbered section 445,

and is classified to section 1232h of this title.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 261(d), substituted ''All laborers''

for ''Except for emergency relief under section 241-1 of this

title, all laborers''.

-CITE-

20 USC Part 3 - Administration of Education Programs and

Projects by States and Local Educational

Agencies 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 3 - Administration of Education Programs and Projects by

States and Local Educational Agencies

-HEAD-

Part 3 - Administration of Education Programs and Projects by

States and Local Educational Agencies

-CITE-

20 USC Sec. 1232c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 3 - Administration of Education Programs and Projects by

States and Local Educational Agencies

-HEAD-

Sec. 1232c. State agency monitoring and enforcement

-STATUTE-

(a) State plan

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 -

(1) 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;

(2) 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

(3) 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.

(b) State enforcement of Federal requirements

In order to enforce the Federal requirements under any applicable

program the State may -

(1) 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;

(2) 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;

(3) 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 (FOOTNOTE 1) shall continue until the State is satisfied

that there is no longer a failure to comply substantially with any

of such requirements.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 440, formerly Sec. 434, as added

Pub. L. 95-561, title XII, Sec. 1231(a)(3), Nov. 1, 1978, 92 Stat.

2342; renumbered Sec. 440 and amended Pub. L. 103-382, title II,

Sec. 212(b)(1), 261(e), Oct. 20, 1994, 108 Stat. 3913, 3927.)

-MISC1-

PRIOR PROVISIONS

A prior section 1232c, Pub. L. 90-247, title IV, Sec. 434,

formerly Sec. 424, as added Pub. L. 91-230, title IV, Sec.

401(a)(10), Apr. 13, 1970, 84 Stat. 169; renumbered Sec. 434 and

amended Pub. L. 92-318, title III, Sec. 301(a)(1), title V, Sec.

501, June 23, 1972, 86 Stat. 326, 345; Pub. L. 93-380, title V,

Sec. 510, 511(a), Aug. 21, 1974, 88 Stat. 568, 569; Pub. L. 94-482,

title V, Sec. 501(f)(1), Oct. 12, 1976, 90 Stat. 2237, related to

administration of education programs and projects, prior to repeal

by section 1231(a)(3) of Pub. L. 95-561.

A prior section 440 of Pub. L. 90-247 was renumbered section 446,

and is classified to section 1232i of this title.

AMENDMENTS

1994 - Pub. L. 103-382, Sec. 261(e)(1), struck out

''educational'' after ''State'' in section catchline.

Subsec. (a). Pub. L. 103-382, Sec. 261(e)(2)(A), substituted

''Secretary'' for ''Commissioner'' wherever appearing.

Subsecs. (b), (c). Pub. L. 103-382, Sec. 261(e)(2)(B), (C),

redesignated provision following par. (3) of subsec. (b) as subsec.

EFFECTIVE DATE

Section 1261 of Pub. L. 95-561 provided that: ''The amendments

made by section 1231 (enacting this section and sections 1232d,

1232e, and 1232f of this title and amending section 1088f-1 of this

title) shall take effect with respect to appropriations for fiscal

year 1980 and subsequent fiscal years. The amendments made by

section 1232 (enacting sections 1234, 1234a, 1234b, 1234c, 1234d,

and 1234e of this title) shall take effect 120 days after the

enactment of this Act (Nov. 1, 1978).''

APPLICABILITY OF ADMINISTRATIVE PROCEDURE TO OFFICE OF EDUCATION OR

ACTIONS BY COMMISSIONER UNAFFECTED BY SUBSECTIONS (B) TO (E)

Pub. L. 93-380, title V, Sec. 511(b)(2), Aug. 21, 1974, 88 Stat.

571, provided that nothing in the amendment made by subsec. (a) of

section 511 of Pub. L. 93-380, which enacted prior subsecs. (b) to

(e) and deleted former subsec. (b) of this section, would be

construed to affect the applicability of chapter 5 of Title 5,

Government Organization and Employees, to the Office of Education

or actions by the Commissioner.

-CITE-

20 USC Sec. 1232d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 3 - Administration of Education Programs and Projects by

States and Local Educational Agencies

-HEAD-

Sec. 1232d. Single State application

-STATUTE-

(a) Submission of general application; approval by State

supervisory authority

In the case of any State which applies, contracts, or submits a

plan for participation in any applicable program in which Federal

funds are made available for assistance to local educational

agencies through, or under the supervision of, the State

educational agency of that State, such State shall submit (subject

to the provisions of part C of title V of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7231 et seq.)) to the

Secretary a general application containing the assurances set forth

in subsection (b) of this section. Such application may be

submitted jointly for all programs covered by the application, or

it may be submitted separately for each such program or for groups

of programs. Each application submitted under this section must be

approved by each official, agency, board, or other entity within

the State which, under State law, is primarily responsible for

supervision of the activities conducted under each program covered

by the application.

(b) Assurances

An application submitted under subsection (a) of this section

shall set forth assurances, satisfactory to the Secretary -

(1) that each program will be administered in accordance with

all applicable statutes, regulations, program plans, and

applications;

(2) that the control of funds provided under each program and

title to property acquired with program funds will be in a public

agency, or in a nonprofit private agency, institution, or

organization if the statute authorizing the program provides for

grants to such entities, and that the public agency or nonprofit

private agency, institution, or organization will administer such

funds and property;

(3) that the State will adopt and use proper methods of

administering each applicable program, including -

(A) monitoring of agencies, institutions, and organizations

responsible for carrying out each program, and the enforcement

of any obligations imposed on those agencies, institutions, and

organizations under law,

(B) providing technical assistance, where necessary, to such

agencies, institutions, and organizations,

educational techniques by such agencies, institutions, and

organizations,

(D) the dissemination throughout the State of information on

program requirements and successful practices, and

(E) the correction of deficiencies in program operations that

are identified through monitoring or evaluation;

(4) that the State will evaluate the effectiveness of covered

programs in meeting their statutory objectives, at such intervals

(not less often than once every three years) and in accordance

with such procedures as the Secretary may prescribe by

regulation, and that the State will cooperate in carrying out any

evaluation of each program conducted by or for the Secretary or

other Federal official;

(5) that the State will use fiscal control and fund accounting

procedures that will ensure proper disbursement of, and

accounting for, Federal funds paid to the State under each

program;

(6) that the State will make reports to the Secretary

(including reports on the results of evaluations required under

paragraph (4)) as may reasonably be necessary to enable the

Secretary to perform his duties under each program, and that the

State will maintain such records, in accordance with the

requirements of section 1232f of this title, and afford access to

the records as the Secretary may find necessary to carry out his

duties;

(7) that the State will provide reasonable opportunities for

the participation by local agencies, representatives of the class

of individuals affected by each program and other interested

institutions, organizations, and individuals in the planning for

and operation of each program, including the following:

(A) the State will consult with relevant advisory committees,

local agencies, interest groups, and experienced professionals

in the development of program plans required by statute;

(B) the State will publish each proposed plan, in a manner

that will ensure circulation throughout the State, at least

sixty days prior to the date on which the plan is submitted to

the Secretary or on which the plan becomes effective, whichever

occurs earlier, with an opportunity for public comments on such

plan to be accepted for at least thirty days;

if required by the Secretary by regulation; and

(D) the State will provide an opportunity for interested

agencies, organizations, and individuals to suggest

improvements in the administration of the program and to allege

that there has been a failure by any entity to comply with

applicable statutes and regulations; and

(8) that none of the funds expended under any applicable

program will be used to acquire equipment (including computer

software) in any instance in which such acquisition results in a

direct financial benefit to any organization representing the

interests of the purchasing entity or its employees or any

affiliate of such an organization.

Each general application submitted under this section shall

remain in effect for the duration of any program it covers. The

Secretary shall not require the resubmission or amendment of that

application unless required by changes in Federal or State law or

by other significant changes in the circumstances affecting an

assurance in that application.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 441, formerly Sec. 435, as added

Pub. L. 95-561, title XII, Sec. 1231(a)(3), Nov. 1, 1978, 92 Stat.

2343; amended Pub. L. 98-511, title VII, Sec. 706(a), Oct. 19,

1984, 98 Stat. 2406; Pub. L. 100-297, title III, Sec. 3501(c), Apr.

28, 1988, 102 Stat. 357; renumbered Sec. 441 and amended Pub. L.

103-382, title II, Sec. 212(b)(1), (3)(A), 261(f), Oct. 20, 1994,

108 Stat. 3913, 3928; Pub. L. 107-110, title X, Sec. 1062(2), Jan.

8, 2002, 115 Stat. 2087.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended. Part C of title V of the Act is classified generally to

part C (Sec. 7231 et seq.) of subchapter V of chapter 70 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of this title and

Tables.

-COD-

CODIFICATION

A prior section 1232d was renumbered by Pub. L. 95-561, Sec.

1231(a)(1), and was transferred to section 1226a-1 of this title.

-MISC3-

PRIOR PROVISIONS

Another prior section 441 of Pub. L. 90-247 was classified to

section 1233 of this title prior to repeal by Pub. L. 103-382.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-110 made technical correction to

directory language of Pub. L. 100-297. See 1988 Amendment note

below.

1994 - Pub. L. 103-382, Sec. 261(f)(1), substituted ''Secretary''

for ''Commissioner'' wherever appearing.

Subsec. (a). Pub. L. 103-382, Sec. 261(f)(2)(C), substituted

''part C of title V of the Elementary and Secondary Education Act

of 1965'' for ''title V of such Act''.

Pub. L. 103-382, Sec. 261(f)(2)(B), which directed amendment of

first sentence of subsec. (a) by striking '', in the case of

programs under chapter 1 and chapter 2 of title I of the Elementary

and Secondary Education Act of 1965,'', was executed by striking

'', in the case of programs under chapter 1 and chapter 2 of title

I of the Elementary and Secondary Education Act of 1965),'' after

''(subject'' to reflect the probable intent of Congress.

Pub. L. 103-382, Sec. 261(f)(2)(A), struck out the comma after

''submits a plan''.

Subsec. (b)(6). Pub. L. 103-382, Sec. 212(b)(3), made technical

amendment to reference to section 1232f of this title to reflect

renumbering of corresponding section of original act.

1988 - Subsec. (a). Pub. L. 100-297, as amended by Pub. L.

107-110, substituted ''chapter 1 and chapter 2 of title I of the

Elementary and Secondary Education Act of 1965)'' for ''titles I

and IV of the Elementary and Secondary Education Act of 1965''.

1984 - Subsec. (b)(8). Pub. L. 98-511 added par. (8).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-110, title X, Sec. 1062(2), Jan. 8, 2002, 115 Stat.

2087, provided that the amendment made by section 1062(2) is

effective as of the date of enactment of Pub. L. 100-297, which was

approved Apr. 28, 1988.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section

711(a) of Pub. L. 98-511, set out as a note under section 1226c of

this title.

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234d, 1234g, 7844 of

this title.

-CITE-

20 USC Sec. 1232e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 3 - Administration of Education Programs and Projects by

States and Local Educational Agencies

-HEAD-

Sec. 1232e. Single local educational agency application

-STATUTE-

(a) General application to State agency or board

Each local educational agency which participates in an applicable

program under which Federal funds are made available to such agency

through a State agency or board shall submit to such agency or

board a general application containing the assurances set forth in

subsection (b) of this section. That application shall cover the

participation by that local educational agency in all such

programs.

(b) Assurances

The general application submitted by a local educational agency

under subsection (a) of this section shall set forth assurances -

(1) that the local educational agency will administer each

program covered by the application in accordance with all

applicable statutes, regulations, program plans, and

applications;

(2) that the control of funds provided to the local educational

agency under each program, and title to property acquired with

those funds, will be in a public agency and that a public agency

will administer those funds and property;

(3) that the local educational agency will use fiscal control

and fund accounting procedures that will ensure proper

disbursement of, and accounting for, Federal funds paid to that

agency under each program;

(4) that the local educational agency will make reports to the

State agency or board and to the Secretary as may reasonably be

necessary to enable the State agency or board and the Secretary

to perform their duties and that the local educational agency

will maintain such records, including the records required under

section 1232f of this title, and provide access to those records,

as the State agency or board or the Secretary deem necessary to

perform their duties;

(5) that the local educational agency will provide reasonable

opportunities for the participation by teachers, parents, and

other interested agencies, organizations, and individuals in the

planning for and operation of each program;

(6) that any application, evaluation, periodic program plan or

report relating to each program will be made readily available to

parents and other members of the general public;

(7) that in the case of any project involving construction -

(A) the project is not inconsistent with overall State plans

for the construction of school facilities, and

(B) in developing plans for construction, due consideration

will be given to excellence of architecture and design and to

compliance with standards prescribed by the Secretary under

section 794 of title 29 in order to ensure that facilities

constructed with the use of Federal funds are accessible to and

usable by individuals with disabilities;

(8) that the local educational agency has adopted effective

procedures for acquiring and disseminating to teachers and

administrators participating in each program significant

information from educational research, demonstrations, and

similar projects, and for adopting, where appropriate, promising

educational practices developed through such projects; and

(9) that none of the funds expended under any applicable

program will be used to acquire equipment (including computer

software) in any instance in which such acquisition results in a

direct financial benefit to any organization representing the

interests of the purchasing entity or its employees or any

affiliate of such an organization.

A general application submitted under this section shall remain

in effect for the duration of the programs it covers. The State

agencies or boards administering the programs covered by the

application shall not require the submission or amendment of such

application unless required by changes in Federal or State law or

by other significant change in the circumstances affecting an

assurance in such application.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 442, formerly Sec. 436, as added

Pub. L. 95-561, title XII, Sec. 1231(a)(3), Nov. 1, 1978, 92 Stat.

2345; amended Pub. L. 98-511, title VII, Sec. 706(b), Oct. 19,

1984, 98 Stat. 2407; renumbered Sec. 442 and amended Pub. L.

103-382, title II, Sec. 212(b)(1), (3)(B), 261(g), Oct. 20, 1994,

108 Stat. 3913, 3928.)

-MISC1-

PRIOR PROVISIONS

A prior section 1232e, Pub. L. 90-247, title IV, Sec. 436,

formerly Sec. 426, as added Pub. L. 91-230, title IV, Sec.

401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered Sec. 436, Pub.

L. 92-318, title III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 326,

related to authority of Commissioner to vest title in equipment,

prior to repeal by section 1231(a)(3) of Pub. L. 95-561.

A prior section 442 of Pub. L. 90-247 was classified to section

1233a of this title prior to repeal by Pub. L. 103-382.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-382, Sec. 261(g)(1), substituted

''that local educational agency'' for ''that local education

agency''.

Subsec. (b)(2). Pub. L. 103-382, Sec. 261(g)(2)(A), inserted

comma after ''program''.

Subsec. (b)(4). Pub. L. 103-382, Sec. 261(g)(2)(B), substituted

''Secretary'' for ''Commissioner'' wherever appearing.

Pub. L. 103-382, Sec. 212(b)(3)(B), made technical amendment to

reference to section 1232f of this title to reflect renumbering of

corresponding section of original act.

Subsec. (b)(7)(B). Pub. L. 103-382, Sec. 261(g)(2)(C),

substituted ''individuals with disabilities'' for ''handicapped

individuals''.

1984 - Subsec. (b)(9). Pub. L. 98-511 added par. (9).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section

711(a) of Pub. L. 98-511, set out as a note under section 1226c of

this title.

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7846 of this title.

-CITE-

20 USC Part 4 - Records; Privacy; Limitation on

Withholding Federal Funds 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

-HEAD-

Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

-CITE-

20 USC Sec. 1232f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

-HEAD-

Sec. 1232f. Records

-STATUTE-

(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.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 443, formerly Sec. 437, as added

Pub. L. 95-561, title XII, Sec. 1231(c), Nov. 1, 1978, 92 Stat.

2346; renumbered Sec. 443 and amended Pub. L. 103-382, title II,

Sec. 212(b)(1), 248, Oct. 20, 1994, 108 Stat. 3913, 3924.)

-MISC1-

PRIOR PROVISIONS

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.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-382, Sec. 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, Sec. 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''.

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232d, 1232e of this

title.

-CITE-

20 USC Sec. 1232g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

-HEAD-

Sec. 1232g. Family educational and privacy rights

-STATUTE-

(a) Conditions for availability of funds to educational agencies or

institutions; inspection and review of education records;

specific information to be made available; procedure for access

to education records; reasonableness of time for such access;

hearings; written explanations by parents; definitions

(1)(A) No funds shall be made available under any applicable

program to any educational agency or institution which has a policy

of denying, or which effectively prevents, the parents of students

who are or have been in attendance at a school of such agency or at

such institution, as the case may be, the right to inspect and

review the education records of their children. If any material or

document in the education record of a student includes information

on more than one student, the parents of one of such students shall

have the right to inspect and review only such part of such

material or document as relates to such student or to be informed

of the specific information contained in such part of such

material. Each educational agency or institution shall establish

appropriate procedures for the granting of a request by parents for

access to the education records of their children within a

reasonable period of time, but in no case more than forty-five days

after the request has been made.

(B) No funds under any applicable program shall be made available

to any State educational agency (whether or not that agency is an

educational agency or institution under this section) that has a

policy of denying, or effectively prevents, the parents of students

the right to inspect and review the education records maintained by

the State educational agency on their children who are or have been

in attendance at any school of an educational agency or institution

that is subject to the provisions of this section.

make available to students in institutions of postsecondary

education the following materials:

(i) financial records of the parents of the student or any

information contained therein;

(ii) confidential letters and statements of recommendation,

which were placed in the education records prior to January 1,

1975, if such letters or statements are not used for purposes

other than those for which they were specifically intended;

(iii) if the student has signed a waiver of the student's right

of access under this subsection in accordance with subparagraph

(D), confidential recommendations -

(I) respecting admission to any educational agency or

institution,

(II) respecting an application for employment, and

(III) respecting the receipt of an honor or honorary

recognition.

(D) A student or a person applying for admission may waive his

right of access to confidential statements described in clause

(iii) of subparagraph (C), except that such waiver shall apply to

recommendations only if (i) the student is, upon request, notified

of the names of all persons making confidential recommendations and

(ii) such recommendations are used solely for the purpose for which

they were specifically intended. Such waivers may not be required

as a condition for admission to, receipt of financial aid from, or

receipt of any other services or benefits from such agency or

institution.

(2) No funds shall be made available under any applicable program

to any educational agency or institution unless the parents of

students who are or have been in attendance at a school of such

agency or at such institution are provided an opportunity for a

hearing by such agency or institution, in accordance with

regulations of the Secretary, to challenge the content of such

student's education records, in order to insure that the records

are not inaccurate, misleading, or otherwise in violation of the

privacy rights of students, and to provide an opportunity for the

correction or deletion of any such inaccurate, misleading or

otherwise inappropriate data contained therein and to insert into

such records a written explanation of the parents respecting the

content of such records.

(3) For the purposes of this section the term ''educational

agency or institution'' means any public or private agency or

institution which is the recipient of funds under any applicable

program.

(4)(A) For the purposes of this section, the term ''education

records'' means, except as may be provided otherwise in

subparagraph (B), those records, files, documents, and other

materials which -

(i) contain information directly related to a student; and

(ii) are maintained by an educational agency or institution or

by a person acting for such agency or institution.

(B) The term ''education records'' does not include -

(i) records of instructional, supervisory, and administrative

personnel and educational personnel ancillary thereto which are

in the sole possession of the maker thereof and which are not

accessible or revealed to any other person except a substitute;

(ii) records maintained by a law enforcement unit of the

educational agency or institution that were created by that law

enforcement unit for the purpose of law enforcement;

(iii) in the case of persons who are employed by an educational

agency or institution but who are not in attendance at such

agency or institution, records made and maintained in the normal

course of business which relate exclusively to such person in

that person's capacity as an employee and are not available for

use for any other purpose; or

(iv) records on a student who is eighteen years of age or

older, or is attending an institution of postsecondary education,

which are made or maintained by a physician, psychiatrist,

psychologist, or other recognized professional or

paraprofessional acting in his professional or paraprofessional

capacity, or assisting in that capacity, and which are made,

maintained, or used only in connection with the provision of

treatment to the student, and are not available to anyone other

than persons providing such treatment, except that such records

can be personally reviewed by a physician or other appropriate

professional of the student's choice.

(5)(A) For the purposes of this section the term ''directory

information'' relating to a student includes the following: the

student's name, address, telephone listing, date and place of

birth, major field of study, participation in officially recognized

activities and sports, weight and height of members of athletic

teams, dates of attendance, degrees and awards received, and the

most recent previous educational agency or institution attended by

the student.

(B) Any educational agency or institution making public directory

information shall give public notice of the categories of

information which it has designated as such information with

respect to each student attending the institution or agency and

shall allow a reasonable period of time after such notice has been

given for a parent to inform the institution or agency that any or

all of the information designated should not be released without

the parent's prior consent.

(6) For the purposes of this section, the term ''student''

includes any person with respect to whom an educational agency or

institution maintains education records or personally identifiable

information, but does not include a person who has not been in

attendance at such agency or institution.

(b) Release of education records; parental consent requirement;

exceptions; compliance with judicial orders and subpoenas;

audit and evaluation of federally-supported education programs;

recordkeeping

(1) No funds shall be made available under any applicable program

to any educational agency or institution which has a policy or

practice of permitting the release of education records (or

personally identifiable information contained therein other than

directory information, as defined in paragraph (5) of subsection

(a) of this section) of students without the written consent of

their parents to any individual, agency, or organization, other

than to the following -

(A) other school officials, including teachers within the

educational institution or local educational agency, who have

been determined by such agency or institution to have legitimate

educational interests, including the educational interests of the

child for whom consent would otherwise be required;

(B) officials of other schools or school systems in which the

student seeks or intends to enroll, upon condition that the

student's parents be notified of the transfer, receive a copy of

the record if desired, and have an opportunity for a hearing to

challenge the content of the record;

(C)(i) authorized representatives of (I) the Comptroller

General of the United States, (II) the Secretary, or (III) State

educational authorities, under the conditions set forth in

paragraph (3), or (ii) authorized representatives of the Attorney

General for law enforcement purposes under the same conditions as

apply to the Secretary under paragraph (3);

(D) in connection with a student's application for, or receipt

of, financial aid;

(E) State and local officials or authorities to whom such

information is specifically allowed to be reported or disclosed

pursuant to State statute adopted -

(i) before November 19, 1974, if the allowed reporting or

disclosure concerns the juvenile justice system and such

system's ability to effectively serve the student whose records

are released, or

(ii) after November 19, 1974, if -

(I) the allowed reporting or disclosure concerns the

juvenile justice system and such system's ability to

effectively serve, prior to adjudication, the student whose

records are released; and

(II) the officials and authorities to whom such information

is disclosed certify in writing to the educational agency or

institution that the information will not be disclosed to any

other party except as provided under State law without the

prior written consent of the parent of the student. (FOOTNOTE

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(F) organizations conducting studies for, or on behalf of,

educational agencies or institutions for the purpose of

developing, validating, or administering predictive tests,

administering student aid programs, and improving instruction, if

such studies are conducted in such a manner as will not permit

the personal identification of students and their parents by

persons other than representatives of such organizations and such

information will be destroyed when no longer needed for the

purpose for which it is conducted;

(G) accrediting organizations in order to carry out their

accrediting functions;

(H) parents of a dependent student of such parents, as defined

in section 152 of title 26;

(I) subject to regulations of the Secretary, in connection with

an emergency, appropriate persons if the knowledge of such

information is necessary to protect the health or safety of the

student or other persons; and

(J)(i) the entity or persons designated in a Federal grand jury

subpoena, in which case the court shall order, for good cause

shown, the educational agency or institution (and any officer,

director, employee, agent, or attorney for such agency or

institution) on which the subpoena is served, to not disclose to

any person the existence or contents of the subpoena or any

information furnished to the grand jury in response to the

subpoena; and

(ii) the entity or persons designated in any other subpoena

issued for a law enforcement purpose, in which case the court or

other issuing agency may order, for good cause shown, the

educational agency or institution (and any officer, director,

employee, agent, or attorney for such agency or institution) on

which the subpoena is served, to not disclose to any person the

existence or contents of the subpoena or any information

furnished in response to the subpoena.

Nothing in subparagraph (E) of this paragraph shall prevent a State

from further limiting the number or type of State or local

officials who will continue to have access thereunder.

(2) No funds shall be made available under any applicable program

to any educational agency or institution which has a policy or

practice of releasing, or providing access to, any personally

identifiable information in education records other than directory

information, or as is permitted under paragraph (1) of this

subsection, unless -

(A) there is written consent from the student's parents

specifying records to be released, the reasons for such release,

and to whom, and with a copy of the records to be released to the

student's parents and the student if desired by the parents, or

(B) except as provided in paragraph (1)(J), such information is

furnished in compliance with judicial order, or pursuant to any

lawfully issued subpoena, upon condition that parents and the

students are notified of all such orders or subpoenas in advance

of the compliance therewith by the educational institution or

agency.

(3) Nothing contained in this section shall preclude authorized

representatives of (A) the Comptroller General of the United

States, (B) the Secretary, or (C) State educational authorities

from having access to student or other records which may be

necessary in connection with the audit and evaluation of

Federally-supported education programs, or in connection with the

enforcement of the Federal legal requirements which relate to such

programs: Provided, That except when collection of personally

identifiable information is specifically authorized by Federal law,

any data collected by such officials shall be protected in a manner

which will not permit the personal identification of students and

their parents by other than those officials, and such personally

identifiable data shall be destroyed when no longer needed for such

audit, evaluation, and enforcement of Federal legal requirements.

(4)(A) Each educational agency or institution shall maintain a

record, kept with the education records of each student, which will

indicate all individuals (other than those specified in paragraph

(1)(A) of this subsection), agencies, or organizations which have

requested or obtained access to a student's education records

maintained by such educational agency or institution, and which

will indicate specifically the legitimate interest that each such

person, agency, or organization has in obtaining this information.

Such record of access shall be available only to parents, to the

school official and his assistants who are responsible for the

custody of such records, and to persons or organizations authorized

in, and under the conditions of, clauses (A) and (C) of paragraph

(1) as a means of auditing the operation of the system.

(B) With respect to this subsection, personal information shall

only be transferred to a third party on the condition that such

party will not permit any other party to have access to such

information without the written consent of the parents of the

student. If a third party outside the educational agency or

institution permits access to information in violation of paragraph

(2)(A), or fails to destroy information in violation of paragraph

(1)(F), the educational agency or institution shall be prohibited

from permitting access to information from education records to

that third party for a period of not less than five years.

(5) Nothing in this section shall be construed to prohibit State

and local educational officials from having access to student or

other records which may be necessary in connection with the audit

and evaluation of any federally or State supported education

program or in connection with the enforcement of the Federal legal

requirements which relate to any such program, subject to the

conditions specified in the proviso in paragraph (3).

(6)(A) Nothing in this section shall be construed to prohibit an

institution of postsecondary education from disclosing, to an

alleged victim of any crime of violence (as that term is defined in

section 16 of title 18), or a nonforcible sex offense, the final

results of any disciplinary proceeding conducted by such

institution against the alleged perpetrator of such crime or

offense with respect to such crime or offense.

(B) Nothing in this section shall be construed to prohibit an

institution of postsecondary education from disclosing the final

results of any disciplinary proceeding conducted by such

institution against a student who is an alleged perpetrator of any

crime of violence (as that term is defined in section 16 of title

18), or a nonforcible sex offense, if the institution determines as

a result of that disciplinary proceeding that the student committed

a violation of the institution's rules or policies with respect to

such crime or offense.

disciplinary proceeding -

(i) shall include only the name of the student, the violation

committed, and any sanction imposed by the institution on that

student; and

(ii) may include the name of any other student, such as a

victim or witness, only with the written consent of that other

student.

(7)(A) Nothing in this section may be construed to prohibit an

educational institution from disclosing information provided to the

institution under section 14071 of title 42 concerning registered

sex offenders who are required to register under such section.

(B) The Secretary shall take appropriate steps to notify

educational institutions that disclosure of information described

in subparagraph (A) is permitted.

Not later than 240 days after October 20, 1994, the Secretary

shall adopt appropriate regulations or procedures, or identify

existing regulations or procedures, which protect the rights of

privacy of students and their families in connection with any

surveys or data-gathering activities conducted, assisted, or

authorized by the Secretary or an administrative head of an

education agency. Regulations established under this subsection

shall include provisions controlling the use, dissemination, and

protection of such data. No survey or data-gathering activities

shall be conducted by the Secretary, or an administrative head of

an education agency under an applicable program, unless such

activities are authorized by law.

(d) Students' rather than parents' permission or consent

For the purposes of this section, whenever a student has attained

eighteen years of age, or is attending an institution of

postsecondary education, the permission or consent required of and

the rights accorded to the parents of the student shall thereafter

only be required of and accorded to the student.

(e) Informing parents or students of rights under this section

No funds shall be made available under any applicable program to

any educational agency or institution unless such agency or

institution effectively informs the parents of students, or the

students, if they are eighteen years of age or older, or are

attending an institution of postsecondary education, of the rights

accorded them by this section.

(f) Enforcement; termination of assistance

The Secretary shall take appropriate actions to enforce this

section and to deal with violations of this section, in accordance

with this chapter, except that action to terminate assistance may

be taken only if the Secretary finds there has been a failure to

comply with this section, and he has determined that compliance

cannot be secured by voluntary means.

(g) Office and review board; creation; functions

The Secretary shall establish or designate an office and review

board within the Department for the purpose of investigating,

processing, reviewing, and adjudicating violations of this section

and complaints which may be filed concerning alleged violations of

this section. Except for the conduct of hearings, none of the

functions of the Secretary under this section shall be carried out

in any of the regional offices of such Department.

(h) Disciplinary records; disclosure

Nothing in this section shall prohibit an educational agency or

institution from -

(1) including appropriate information in the education record

of any student concerning disciplinary action taken against such

student for conduct that posed a significant risk to the safety

or well-being of that student, other students, or other members

of the school community; or

(2) disclosing such information to teachers and school

officials, including teachers and school officials in other

schools, who have legitimate educational interests in the

behavior of the student.

(i) Drug and alcohol violation disclosures

(1) In general

Nothing in this Act or the Higher Education Act of 1965 (20

U.S.C. 1001 et seq.) shall be construed to prohibit an

institution of higher education from disclosing, to a parent or

legal guardian of a student, information regarding any violation

of any Federal, State, or local law, or of any rule or policy of

the institution, governing the use or possession of alcohol or a

controlled substance, regardless of whether that information is

contained in the student's education records, if -

(A) the student is under the age of 21; and

(B) the institution determines that the student has committed

a disciplinary violation with respect to such use or

possession.

(2) State law regarding disclosure

Nothing in paragraph (1) shall be construed to supersede any

provision of State law that prohibits an institution of higher

education from making the disclosure described in subsection (a)

of this section.

(j) Investigation and prosecution of terrorism

(1) In general

Notwithstanding subsections (a) through (i) of this section or

any provision of State law, the Attorney General (or any Federal

officer or employee, in a position not lower than an Assistant

Attorney General, designated by the Attorney General) may submit

a written application to a court of competent jurisdiction for an

ex parte order requiring an educational agency or institution to

permit the Attorney General (or his designee) to -

(A) collect education records in the possession of the

educational agency or institution that are relevant to an

authorized investigation or prosecution of an offense listed in

section 2332b(g)(5)(B) of title 18, or an act of domestic or

international terrorism as defined in section 2331 of that

title; and

(B) for official purposes related to the investigation or

prosecution of an offense described in paragraph (1)(A),

retain, disseminate, and use (including as evidence at trial or

in other administrative or judicial proceedings) such records,

consistent with such guidelines as the Attorney General, after

consultation with the Secretary, shall issue to protect

confidentiality.

(2) Application and approval

(A) In general. - An application under paragraph (1) shall

certify that there are specific and articulable facts giving

reason to believe that the education records are likely to

contain information described in paragraph (1)(A).

(B) The court shall issue an order described in paragraph (1)

if the court finds that the application for the order includes

the certification described in subparagraph (A).

(3) Protection of educational agency or institution

An educational agency or institution that, in good faith,

produces education records in accordance with an order issued

under this subsection shall not be liable to any person for that

production.

(4) Record-keeping

Subsection (b)(4) of this section does not apply to education

records subject to a court order under this subsection.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 444, formerly Sec. 438, as added

Pub. L. 93-380, title V, Sec. 513(a), Aug. 21, 1974, 88 Stat. 571;

amended Pub. L. 93-568, Sec. 2(a), Dec. 31, 1974, 88 Stat. 1858;

Pub. L. 96-46, Sec. 4(c), Aug. 6, 1979, 93 Stat. 342; Pub. L.

101-542, title II, Sec. 203, Nov. 8, 1990, 104 Stat. 2385; Pub. L.

102-325, title XV, Sec. 1555(a), July 23, 1992, 106 Stat. 840;

renumbered Sec. 444 and amended Pub. L. 103-382, title II, Sec.

212(b)(1), 249, 261(h), Oct. 20, 1994, 108 Stat. 3913, 3924, 3928;

Pub. L. 105-244, title IX, Sec. 951, 952, Oct. 7, 1998, 112 Stat.

1835, 1836; Pub. L. 106-386, div. B, title VI, Sec. 1601(d), Oct.

28, 2000, 114 Stat. 1538; Pub. L. 107-56, title V, Sec. 507, Oct.

26, 2001, 115 Stat. 367; Pub. L. 107-110, title X, Sec. 1062(3),

Jan. 8, 2002, 115 Stat. 2088.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (i)(1), is Pub. L. 90-247, Jan.

2, 1968, 80 Stat. 783, as amended, known as the Elementary and

Secondary Education Amendments of 1967. Title IV of the Act, known

as the General Education Provisions Act, is classified generally to

this chapter. For complete classification of this Act to the Code,

see Short Title of 1968 Amendment note set out under section 6301

of this title and Tables.

The Higher Education Act of 1965, referred to in subsec. (i)(1),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which

is classified principally to chapter 28 (Sec. 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.

-MISC2-

PRIOR PROVISIONS

A prior section 444 of Pub. L. 90-247 was classified to section

1233c of this title prior to repeal by Pub. L. 103-382.

AMENDMENTS

2002 - Subsec. (a)(1)(B). Pub. L. 107-110, Sec. 1062(3)(A),

realigned margins.

Subsec. (b)(1). Pub. L. 107-110, Sec. 1062(3)(C), substituted

''subparagraph (E)'' for ''clause (E)'' in concluding provisions.

Subsec. (b)(1)(J). Pub. L. 107-110, Sec. 1062(3)(B), realigned

margins.

Subsec. (b)(7). Pub. L. 107-110, Sec. 1062(3)(D), realigned

margins.

2001 - Subsec. (j). Pub. L. 107-56 added subsec. (j).

2000 - Subsec. (b)(7). Pub. L. 106-386 added par. (7).

1998 - Subsec. (b)(1)(C). Pub. L. 105-244, Sec. 951(1), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: ''authorized representatives of (i) the Comptroller

General of the United States, (ii) the Secretary, or (iii) State

educational authorities, under the conditions set forth in

paragraph (3) of this subsection;''.

Subsec. (b)(6). Pub. L. 105-244, Sec. 951(2), designated existing

provisions as subpar. (A), substituted ''or a nonforcible sex

offense, the final results'' for ''the results'', substituted

''such crime or offense'' for ''such crime'' in two places, and

added subpars. (B) and (C).

Subsec. (i). Pub. L. 105-244, Sec. 952, added subsec. (i).

1994 - Subsec. (a)(1)(B). Pub. L. 103-382, Sec. 249(1)(A)(ii),

added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (a)(1)(C). Pub. L. 103-382, Sec. 249(1)(A)(i), (iii),

redesignated subpar. (B) as (C) and substituted ''subparagraph

(D)'' for ''subparagraph (C)'' in cl. (iii). Former subpar. (C)

redesignated (D).

Subsec. (a)(1)(D). Pub. L. 103-382, Sec. 249(1)(A)(i), (iv),

redesignated subpar. (C) as (D) and substituted ''subparagraph

(C)'' for ''subparagraph (B)''.

Subsec. (a)(2). Pub. L. 103-382, Sec. 249(1)(B), substituted

''privacy rights'' for ''privacy or other rights''.

Subsec. (a)(4)(B)(ii). Pub. L. 103-382, Sec. 261(h)(1),

substituted semicolon for period at end.

Subsec. (b)(1)(A). Pub. L. 103-382, Sec. 249(2)(A)(i), inserted

before semicolon '', including the educational interests of the

child for whom consent would otherwise be required''.

Subsec. (b)(1)(C). Pub. L. 103-382, Sec. 261(h)(2)(A),

substituted ''or (iii)'' for ''(iii) an administrative head of an

education agency (as defined in section 1221e-3(c) of this title),

or (iv)''.

Subsec. (b)(1)(E). Pub. L. 103-382, Sec. 249(2)(A)(ii), amended

subpar. (E) generally. Prior to amendment, subpar. (E) read as

follows: ''State and local officials or authorities to whom such

information is specifically required to be reported or disclosed

pursuant to State statute adopted prior to November 19, 1974;''.

Subsec. (b)(1)(H). Pub. L. 103-382, Sec. 261(h)(2)(B),

substituted ''the Internal Revenue Code of 1986'' for ''the

Internal Revenue Code of 1954'', which for purposes of codification

was translated as ''title 26'' thus requiring no change in text.

Subsec. (b)(1)(J). Pub. L. 103-382, Sec. 249(2)(A)(iii)-(v),

added subpar. (J).

Subsec. (b)(2). Pub. L. 103-382, Sec. 249(2)(B)(i), which

directed amendment of matter preceding subpar. (A) by substituting

'', unless - '' for the period, was executed by substituting a

comma for the period before ''unless - '' to reflect the probable

intent of Congress.

Subsec. (b)(2)(B). Pub. L. 103-382, Sec. 249(2)(B)(ii), inserted

''except as provided in paragraph (1)(J),'' before ''such

information''.

Subsec. (b)(3). Pub. L. 103-382, Sec. 261(h)(2)(C), substituted

''or (C)'' for ''(C) an administrative head of an education agency

or (D)'' and ''education programs'' for ''education program''.

Subsec. (b)(4). Pub. L. 103-382, Sec. 249(2)(C), inserted at end

''If a third party outside the educational agency or institution

permits access to information in violation of paragraph (2)(A), or

fails to destroy information in violation of paragraph (1)(F), the

educational agency or institution shall be prohibited from

permitting access to information from education records to that

third party for a period of not less than five years.''

Subsec. (c). Pub. L. 103-382, Sec. 249(3), substituted ''Not

later than 240 days after October 20, 1994, the Secretary shall

adopt appropriate regulations or procedures, or identify existing

regulations or procedures, which'' for ''The Secretary shall adopt

appropriate regulations to''.

Subsec. (d). Pub. L. 103-382, Sec. 261(h)(3), inserted a comma

after ''education''.

Subsec. (e). Pub. L. 103-382, Sec. 249(4), inserted

''effectively'' before ''informs''.

Subsec. (f). Pub. L. 103-382, Sec. 261(h)(4), struck out '', or

an administrative head of an education agency,'' after ''The

Secretary'' and substituted ''enforce this section'' for ''enforce

provisions of this section'', ''in accordance with'' for

''according to the provisions of'', and ''comply with this

section'' for ''comply with the provisions of this section''.

Subsec. (g). Pub. L. 103-382, Sec. 261(h)(5), struck out ''of

Health, Education, and Welfare'' after ''the Department'' and ''the

provisions of'' after ''adjudicating violations of''.

Subsec. (h). Pub. L. 103-382, Sec. 249(5), added subsec. (h).

1992 - Subsec. (a)(4)(B)(ii). Pub. L. 102-325 amended cl. (ii)

generally. Prior to amendment, cl. (ii) read as follows: ''if the

personnel of a law enforcement unit do not have access to education

records under subsection (b)(1) of this section, the records and

documents of such law enforcement unit which (I) are kept apart

from records described in subparagraph (A), (II) are maintained

solely for law enforcement purposes, and (III) are not made

available to persons other than law enforcement officials of the

same jurisdiction;''.

1990 - Subsec. (b)(6). Pub. L. 101-542 added par. (6).

1979 - Subsec. (b)(5). Pub. L. 96-46 added par. (5).

1974 - Subsec. (a)(1). Pub. L. 93-568, Sec. 2(a)(1)(A)-(C),

(2)(A)-(C), (3), designated existing par. (1) as subpar. (A),

substituted reference to educational agencies and institutions for

reference to state or local educational agencies, institutions of

higher education, community colleges, schools, agencies offering

preschool programs, and other educational institutions, substituted

the generic term education records for the enumeration of such

records, and extended the right to inspect and review such records

to parents of children who have been in attendance, and added

subpars. (B) and (C).

Subsec. (a)(2). Pub. L. 93-568, Sec. 2(a)(4), substituted

provisions making the availability of funds to educational agencies

and institutions conditional on the granting of an opportunity for

a hearing to parents of students who are or have been in attendance

at such institution or agency to challenge the contents of the

student's education records for provisions granting the parents an

opportunity for such hearing, and inserted provisions authorizing

insertion into the records a written explanation of the parents

respecting the content of such records.

Subsec. (a)(3) to (6). Pub. L. 93-568, Sec. 2(a)(1)(G), (2)(F),

(5), added pars. (3) to (6).

Subsec. (b)(1). Pub. L. 93-568, Sec. 2(a)(1)(D), (2)(D), (6),

(8)(A)-(C), (10)(A), in provisions preceding subpar. (A),

substituted ''educational agency or institution which has a policy

of permitting the release of education records (or personally

identifiable information contained therein other than directory

information, as defined in paragraph (5) of subsection (a) of this

section)'' for ''state or local educational agency, any institution

of higher education, any community college, any school, agency

offering a preschool program, or any other educational institution

which has a policy or practice of permitting the release of

personally identifiable records or files (or personal information

contained therein)'', in subpar. (A), substituted ''educational

agency, who have been determined by such agency or institution to

have'' for ''educational agency who have'', in subpar. (B),

substituted ''the student seeks or intends to'' for ''the student

intends to'', in subpar. (C), substituted reference to ''section

408(c)'' for reference to ''section 409 of this Act'' which for

purposes of codification has been translated as ''section

1221e-3(c) of this title'', and added subpars. (E) to (I).

Subsec. (b)(2). Pub. L. 93-568, Sec. 2(a)(1)(E), (2)(E),

substituted ''educational agency or institution which has a policy

or practice of releasing, or providing access to, any personally

identifiable information in education records other than directory

information, or as is permitted under paragraph (1) of this

subsection'' for ''state or local educational agency, any

institution of higher education, any community college, any school,

agency offering a preschool program, or any other educational

institution which has a policy or practice of furnishing, in any

form, any personally identifiable information contained in personal

school records, to any persons other than those listed in

subsection (b)(1) of this section''.

Subsec. (b)(3). Pub. L. 93-568, Sec. 2(a)(8)(D), substituted

''information is specifically authorized by Federal law, any data

collected by such officials shall be protected in a manner which

will not permit the personal identification of students and their

parents by other than those officials, and such personally

identifiable data shall be destroyed when no longer needed for such

audit, evaluation, and enforcement of Federal legal requirements''

for ''data is specifically authorized by Federal law, any data

collected by such officials with respect to individual students

shall not include information (including social security numbers)

which would permit the personal identification of such students or

their parents after the data so obtained has been collected''.

Subsec. (b)(4). Pub. L. 93-568, Sec. 2(a)(9), substituted

provisions that each educational agency or institution maintain a

record, kept with the education records of each student, indicating

individuals, agencies, or organizations who obtained access to the

student's record and the legitimate interest in obtaining such

information, that such record of access shall be available only to

parents, school officials, and their assistants having

responsibility for the custody of such records, and as a means of

auditing the operation of the system, for provisions that with

respect to subsecs. (c)(1), (c)(2), and (c)(3) of this section, all

persons, agencies, or organizations desiring access to the records

of a student shall be required to sign forms to be kept with the

records of the student, but only for inspection by the parents or

the student, indicating specifically the legitimate educational or

other interest of the person seeking such information, and that the

form shall be available to parents and school officials having

responsibility for record maintenance as a means of auditing the

operation of the system.

Subsec. (e). Pub. L. 93-568, Sec. 2(a)(1)(F), substituted ''to

any educational agency or institution unless such agency or

institution'' for ''unless the recipient of such funds''.

Subsec. (g). Pub. L. 93-568, Sec. 2(a)(7), (10)(B), struck out

reference to sections 1232c and 1232f of this title and inserted

provisions that except for the conduct of hearings, none of the

functions of the Secretary under this section shall be carried out

in any of the regional offices of such Department.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 1555(b) of Pub. L. 102-325 provided that: ''The amendment

made by this section (amending this section) shall take effect on

the date of enactment of this Act (July 23, 1992).''

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-46 effective Oct. 1, 1978, see section 8

of Pub. L. 96-46, set out as a note under section 930 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2(b) of Pub. L. 93-568 provided that: ''The amendments

made by subsection (a) (amending this section) shall be effective,

and retroactive to, November 19, 1974.''

EFFECTIVE DATE

Section 513(b)(1) of Pub. L. 93-380 provided that: ''The

provisions of this section (enacting this section and provisions

set out as a note under section 1221 of this title) shall become

effective ninety days after the date of enactment (Aug. 21, 1974)

of section 438 (now 444) of the General Education Provisions Act

(this section).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1092, 1232h, 1232i, 1417,

2304, 7115, 7165, 7903, 7908, 9274, 9514, 9573 of this title; title

8 section 1372; title 10 section 503; title 25 section 3205; title

29 section 2871; title 42 section 11432.

-CITE-

20 USC Sec. 1232h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

-HEAD-

Sec. 1232h. Protection of pupil rights

-STATUTE-

(a) Inspection of instructional materials by parents or guardians

All instructional materials, including teacher's manuals, films,

tapes, or other supplementary material which will be used in

connection with any survey, analysis, or evaluation as part of any

applicable program shall be available for inspection by the parents

or guardians of the children.

(b) Limits on survey, analysis, or evaluations

No student shall be required, as part of any applicable program,

to submit to a survey, analysis, or evaluation that reveals

information concerning -

(1) political affiliations or beliefs of the student or the

student's parent;

(2) mental or psychological problems of the student or the

student's family;

(3) sex behavior or attitudes;

(4) illegal, anti-social, self-incriminating, or demeaning

behavior;

(5) critical appraisals of other individuals with whom

respondents have close family relationships;

(6) legally recognized privileged or analogous relationships,

such as those of lawyers, physicians, and ministers;

(7) religious practices, affiliations, or beliefs of the

student or student's parent; or

(8) income (other than that required by law to determine

eligibility for participation in a program or for receiving

financial assistance under such program),

without the prior consent of the student (if the student is an

adult or emancipated minor), or in the case of an unemancipated

minor, without the prior written consent of the parent.

parental access to information, and administration of certain

physical examinations to minors

(1) Development and adoption of local policies

Except as provided in subsections (a) and (b) of this section,

a local educational agency that receives funds under any

applicable program shall develop and adopt policies, in

consultation with parents, regarding the following:

(A)(i) The right of a parent of a student to inspect, upon

the request of the parent, a survey created by a third party

before the survey is administered or distributed by a school to

a student; and

(ii) any applicable procedures for granting a request by a

parent for reasonable access to such survey within a reasonable

period of time after the request is received.

(B) Arrangements to protect student privacy that are provided

by the agency in the event of the administration or

distribution of a survey to a student containing one or more of

the following items (including the right of a parent of a

student to inspect, upon the request of the parent, any survey

containing one or more of such items):

(i) Political affiliations or beliefs of the student or the

student's parent.

(ii) Mental or psychological problems of the student or the

student's family.

(iii) Sex behavior or attitudes.

(iv) Illegal, anti-social, self-incriminating, or demeaning

behavior.

(v) Critical appraisals of other individuals with whom

respondents have close family relationships.

(vi) Legally recognized privileged or analogous

relationships, such as those of lawyers, physicians, and

ministers.

(vii) Religious practices, affiliations, or beliefs of the

student or the student's parent.

(viii) Income (other than that required by law to determine

eligibility for participation in a program or for receiving

financial assistance under such program).

(C)(i) The right of a parent of a student to inspect, upon

the request of the parent, any instructional material used as

part of the educational curriculum for the student; and

(ii) any applicable procedures for granting a request by a

parent for reasonable access to instructional material within a

reasonable period of time after the request is received.

(D) The administration of physical examinations or screenings

that the school or agency may administer to a student.

(E) The collection, disclosure, or use of personal

information collected from students for the purpose of

marketing or for selling that information (or otherwise

providing that information to others for that purpose),

including arrangements to protect student privacy that are

provided by the agency in the event of such collection,

disclosure, or use.

(F)(i) The right of a parent of a student to inspect, upon

the request of the parent, any instrument used in the

collection of personal information under subparagraph (E)

before the instrument is administered or distributed to a

student; and

(ii) any applicable procedures for granting a request by a

parent for reasonable access to such instrument within a

reasonable period of time after the request is received.

(2) Parental notification

(A) Notification of policies

The policies developed by a local educational agency under

paragraph (1) shall provide for reasonable notice of the

adoption or continued use of such policies directly to the

parents of students enrolled in schools served by that agency.

At a minimum, the agency shall -

(i) provide such notice at least annually, at the beginning

of the school year, and within a reasonable period of time

after any substantive change in such policies; and

(ii) offer an opportunity for the parent (and for purposes

of an activity described in subparagraph (C)(i), in the case

of a student of an appropriate age, the student) to opt the

student out of participation in an activity described in

subparagraph (C).

(B) Notification of specific events

The local educational agency shall directly notify the parent

of a student, at least annually at the beginning of the school

year, of the specific or approximate dates during the school

year when activities described in subparagraph (C) are

scheduled, or expected to be scheduled.

The following activities require notification under this

paragraph:

(i) Activities involving the collection, disclosure, or use

of personal information collected from students for the

purpose of marketing or for selling that information (or

otherwise providing that information to others for that

purpose).

(ii) The administration of any survey containing one or

more items described in clauses (i) through (viii) of

paragraph (1)(B).

(iii) Any nonemergency, invasive physical examination or

screening that is -

(I) required as a condition of attendance;

(II) administered by the school and scheduled by the

school in advance; and

(III) not necessary to protect the immediate health and

safety of the student, or of other students.

(3) Existing policies

A local educational agency need not develop and adopt new

policies if the State educational agency or local educational

agency has in place, on January 8, 2002, policies covering the

requirements of paragraph (1). The agency shall provide

reasonable notice of such existing policies to parents and

guardians of students, in accordance with paragraph (2).

(4) Exceptions

(A) Educational products or services

Paragraph (1)(E) does not apply to the collection,

disclosure, or use of personal information collected from

students for the exclusive purpose of developing, evaluating,

or providing educational products or services for, or to,

students or educational institutions, such as the following:

(i) College or other postsecondary education recruitment,

or military recruitment.

(ii) Book clubs, magazines, and programs providing access

to low-cost literary products.

(iii) Curriculum and instructional materials used by

elementary schools and secondary schools.

(iv) Tests and assessments used by elementary schools and

secondary schools to provide cognitive, evaluative,

diagnostic, clinical, aptitude, or achievement information

about students (or to generate other statistically useful

data for the purpose of securing such tests and assessments)

and the subsequent analysis and public release of the

aggregate data from such tests and assessments.

(v) The sale by students of products or services to raise

funds for school-related or education-related activities.

(vi) Student recognition programs.

(B) State law exception

The provisions of this subsection -

(i) shall not be construed to preempt applicable provisions

of State law that require parental notification; and

(ii) do not apply to any physical examination or screening

that is permitted or required by an applicable State law,

including physical examinations or screenings that are

permitted without parental notification.

(5) General provisions

(A) Rules of construction

(i) This section does not supersede section 1232g of this

title.

(ii) Paragraph (1)(D) does not apply to a survey administered

to a student in accordance with the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.).

(B) Student rights

The rights provided to parents under this section transfer to

the student when the student turns 18 years old, or is an

emancipated minor (under an applicable State law) at any age.

The Secretary shall annually inform each State educational

agency and each local educational agency of the educational

agency's obligations under this section and section 1232g of

this title.

(D) Funding

A State educational agency or local educational agency may

use funds provided under part A of title V of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.) to

enhance parental involvement in areas affecting the in-school

privacy of students.

(6) Definitions

As used in this subsection:

(A) Instructional material

The term ''instructional material'' means instructional

content that is provided to a student, regardless of its

format, including printed or representational materials,

audio-visual materials, and materials in electronic or digital

formats (such as materials accessible through the Internet).

The term does not include academic tests or academic

assessments.

(B) Invasive physical examination

The term ''invasive physical examination'' means any medical

examination that involves the exposure of private body parts,

or any act during such examination that includes incision,

insertion, or injection into the body, but does not include a

hearing, vision, or scoliosis screening.

The term ''local educational agency'' means an elementary

school, secondary school, school district, or local board of

education that is the recipient of funds under an applicable

program, but does not include a postsecondary institution.

(D) Parent

The term ''parent'' includes a legal guardian or other person

standing in loco parentis (such as a grandparent or stepparent

with whom the child lives, or a person who is legally

responsible for the welfare of the child).

(E) Personal information

The term ''personal information'' means individually

identifiable information including -

(i) a student or parent's first and last name;

(ii) a home or other physical address (including street

name and the name of the city or town);

(iii) a telephone number; or

(iv) a Social Security identification number.

(F) Student

The term ''student'' means any elementary school or secondary

school student.

(G) Survey

The term ''survey'' includes an evaluation.

(d) Notice

Educational agencies and institutions shall give parents and

students effective notice of their rights under this section.

(e) Enforcement

The Secretary shall take such action as the Secretary determines

appropriate to enforce this section, except that action to

terminate assistance provided under an applicable program shall be

taken only if the Secretary determines that -

(1) there has been a failure to comply with such section; and

(2) compliance with such section cannot be secured by voluntary

means.

(f) Office and review board

The Secretary shall establish or designate an office and review

board within the Department of Education to investigate, process,

review, and adjudicate violations of the rights established under

this section.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 445, formerly Sec. 439, as added

Pub. L. 93-380, title V, Sec. 514(a), Aug. 21, 1974, 88 Stat. 574;

amended Pub. L. 95-561, title XII, Sec. 1250, Nov. 1, 1978, 92

Stat. 2355; Pub. L. 103-227, title X, Sec. 1017, Mar. 31, 1994, 108

Stat. 268; renumbered Sec. 445, Pub. L. 103-382, title II, Sec.

212(b)(1), Oct. 20, 1994, 108 Stat. 3913; amended Pub. L. 107-110,

title X, Sec. 1061, Jan. 8, 2002, 115 Stat. 2083.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (c)(5)(A)(ii), is title VI of Pub. L. 91-230, Apr. 13,

1970, 84 Stat. 175, as amended, which is classified generally to

chapter 33 (Sec. 1400 et seq.) of this title. For complete

classification of this Act to the Code, see section 1400 of this

title and Tables.

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (c)(5)(D), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended. Part A of title V of the Act is classified generally

to part A (Sec. 7201 et seq.) of subchapter V of chapter 70 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of this title and

Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 445 of Pub. L. 90-247 was classified to section

1233d of this title prior to repeal by Pub. L. 103-382.

AMENDMENTS

2002 - Subsec. (b)(1) to (8). Pub. L. 107-110, Sec. 1061(1),

added pars. (1) to (8) and struck out former pars. (1) to (7) which

read as follows:

''(1) political affiliations;

''(2) mental and psychological problems potentially embarrassing

to the student or his family;

''(3) sex behavior and attitudes;

''(4) illegal, anti-social, self-incriminating and demeaning

behavior;

''(5) critical appraisals of other individuals with whom

respondents have close family relationships;

''(6) legally recognized privileged or analogous relationships,

such as those of lawyers, physicians, and ministers; or

''(7) income (other than that required by law to determine

eligibility for participation in a program or for receiving

financial assistance under such program),''.

Subsec. (c) to (f). Pub. L. 107-110, Sec. 1061(2), (3), added

subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to

(f), respectively.

1994 - Pub. L. 103-227 amended section generally, substituting in

subsec. (a), provisions relating to inspection of instructional

materials by parents or guardians for similar provisions, in

subsec. (b), provisions relating to limits on survey, analysis, or

evaluations for provisions relating to psychiatric or psychological

examinations, testing, or treatment, and adding subsecs. (c) to

(e).

1978 - Pub. L. 95-561 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section

1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3

of this title.

EFFECTIVE DATE

Section 514(b) of Pub. L. 93-380 provided that: ''The amendment

made by subsection (a) (enacting this section) shall be effective

upon enactment of this Act (Aug. 21, 1974).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9514, 9573 of this title.

-CITE-

20 USC Sec. 1232i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

-HEAD-

Sec. 1232i. Limitations on withholding of Federal assistance

-STATUTE-

(a) Refusal to supply personal data on students or families

Except as provided in section 1232g(b)(1)(D) of this title, the

refusal of a State or local educational agency or institution of

higher education, community college, school, agency offering a

preschool program, or other educational institution to provide

personally identifiable data on students or their families, as a

part of any applicable program, to any Federal office, agency,

department, or other third party, on the grounds that it

constitutes a violation of the right to privacy and confidentiality

of students or their parents, shall not constitute sufficient

grounds for the suspension or termination of Federal assistance.

Such a refusal shall also not constitute sufficient grounds for a

denial of, a refusal to consider, or a delay in the consideration

of, funding for such a recipient in succeeding fiscal years. In

the case of any dispute arising under this section, reasonable

notice and opportunity for a hearing shall be afforded the

applicant.

(b) Noncompliance with nondiscrimination provisions of Federal law

The extension of Federal financial assistance to a local

educational agency may not be limited, deferred, or terminated by

the Secretary on the ground of noncompliance with title VI of the

Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) or any other

nondiscrimination provision of Federal law unless such agency is

accorded the right of due process of law, which shall include -

(1) at least 30 days prior written notice of deferral to the

agency, setting forth the particular program or programs which

the Secretary finds to be operated in noncompliance with a

specific provision of Federal law;

(2) the opportunity for a hearing on the record before a duly

appointed administrative law judge within a 60-day period (unless

such period is extended by mutual consent of the Secretary and

such agency) from the commencement of any deferral;

(3) the conclusion of such hearing and the rendering of a

decision on the merits by the administrative law judge within a

period not to exceed 90 days from the commencement of such

hearing, unless the judge finds by a decision that such hearing

cannot be concluded or such decision cannot be rendered within

such period, in which case such judge may extend such period for

not to exceed 60 additional days;

(4) the limitation of any deferral of Federal financial

assistance which may be imposed by the Secretary to a period not

to exceed 15 days after the rendering of such decision unless

there has been an express finding on such record that such agency

has failed to comply with any such nondiscrimination provision of

Federal law; and

(5) procedures, which shall be established by the Secretary, to

ensure the availability of sufficient funds, without regard to

any fiscal year limitations, to comply with the decision of such

judge.

It shall be unlawful for the Secretary to defer or limit any

Federal financial assistance on the basis of any failure to comply

with the imposition of quotas (or any other numerical requirements

which have the effect of imposing quotas) on the student admission

practices of an institution of higher education or community

college receiving Federal financial assistance.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 446, formerly Sec. 440, as added

Pub. L. 93-380, title V, Sec. 515(a), Aug. 21, 1974, 88 Stat. 574;

amended Pub. L. 94-482, title IV, Sec. 407, 408, Oct. 12, 1976, 90

Stat. 2232, 2233; renumbered Sec. 446 and amended Pub. L. 103-382,

title II, Sec. 212(b)(1), (3)(C), Oct. 20, 1994, 108 Stat. 3913.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified generally to subchapter V

(Sec. 2000d et seq.) of chapter 21 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 2000a of this title and

Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 446 of Pub. L. 90-247 was classified to section

1233e of this title prior to repeal by Pub. L. 103-382.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-382, Sec. 212(b)(3)(C), made

technical amendment to reference to section 1232g(b)(1)(D) of this

title to reflect renumbering of corresponding section of original

act.

1976 - Pub. L. 94-482 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-482 effective 30 days after Oct. 12,

1976, except either as specifically otherwise provided or, if not

so specifically otherwise provided, effective July 1, 1976, for

those amendments providing for authorization of appropriations, see

section 532 of Pub. L. 94-482, set out as a note under section 1001

of this title.

EFFECTIVE DATE

Section 515(b) of Pub. L. 93-380 provided that: ''The amendment

made by subsection (a) (enacting this section) shall be effective

upon enactment of this Act (Aug. 21, 1974).''

-CITE-

20 USC Sec. 1232j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

-HEAD-

Sec. 1232j. Prohibition on federally sponsored testing

-STATUTE-

(a) General prohibition

Notwithstanding any other provision of Federal law and except as

provided in subsection (b) of this section, no funds provided to

the Department of Education or to an applicable program, may be

used to pilot test, field test, implement, administer or distribute

in any way any federally sponsored national test in reading,

mathematics, or any other subject that is not specifically and

explicitly provided for in authorizing legislation enacted into

law.

(b) Exceptions

Subsection (a) of this section shall not apply to the Third

International Mathematics and Science Study or other international

comparative assessments developed under the authority of section

9543(a)(6) of this title and administered to only a representative

sample of pupils in the United States and in foreign nations.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 447, as added Pub. L. 105-277,

div. A, Sec. 101(f) (title III, Sec. 305(a)), Oct. 21, 1998, 112

Stat. 2681-337, 2681-374; amended Pub. L. 107-110, title X, Sec.

1062(4), Jan. 8, 2002, 115 Stat. 2088; Pub. L. 107-279, title IV,

Sec. 404(c), Nov. 5, 2002, 116 Stat. 1985.)

-MISC1-

PRIOR PROVISIONS

A prior section 447 of Pub. L. 90-247 was classified to section

1233f of this title prior to repeal by Pub. L. 103-382.

Prior sections 1233 to 1233h comprising a former subchapter IV of

this chapter were repealed by Pub. L. 103-382, title II, Sec.

212(a)(2), Oct. 20, 1994, 108 Stat. 3913.

Section 1233, Pub. L. 90-247, title IV, Sec. 441, formerly Sec.

431, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 170; renumbered Sec. 441, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; Pub. L. 96-88, title

III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat.

677, 692, defined terms for purposes of former subchapter IV of

this chapter.

Section 1233a, Pub. L. 90-247, title IV, Sec. 442, formerly Sec.

432, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 171; renumbered Sec. 442, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L. 96-88,

title III, Sec. 301(a)(1), (b)(2), title V, Sec. 507, Oct. 17,

1979, 93 Stat. 677, 678, 692, authorized Secretary to establish

necessary advisory councils.

Section 1233b, Pub. L. 90-247, title IV, Sec. 443, formerly Sec.

433, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 171; renumbered Sec. 443, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L.

93-380, title V, Sec. 516(a), Aug. 21, 1974, 88 Stat. 575; Pub. L.

94-482, title IV, Sec. 411, title V, Sec. 501(a)(10), Oct. 12,

1976, 90 Stat. 2234, 2235; Pub. L. 96-88, title III, Sec.

301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692,

related to statutory advisory councils.

Section 1233c, Pub. L. 90-247, title IV, Sec. 444, formerly Sec.

434, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 171; renumbered Sec. 444, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L. 96-88,

title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93

Stat. 677, 692, related to compensation and travel expenses of

members of advisory councils.

Section 1233d, Pub. L. 90-247, title IV, Sec. 445, formerly Sec.

435, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 171; renumbered Sec. 445, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L.

93-380, title V, Sec. 517(a), Aug. 21, 1974, 88 Stat. 575; Pub. L.

96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979,

93 Stat. 677, 692, related to professional, technical, and clerical

staff of advisory councils.

Section 1233e, Pub. L. 90-247, title IV, Sec. 446, formerly Sec.

436, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 172; renumbered Sec. 446, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L. 96-88,

title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93

Stat. 677, 692, related to advisory council meetings.

Section 1233f, Pub. L. 90-247, title IV, Sec. 447, formerly Sec.

437, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 172; renumbered Sec. 447, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended Pub. L.

93-380, title V, Sec. 517(b), Aug. 21, 1974, 88 Stat. 575; Pub. L.

96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979,

93 Stat. 677, 692, related to auditing and review of advisory

council activities.

Section 1233g, Pub. L. 90-247, title IV, Sec. 448, formerly Sec.

438, as added Pub. L. 91-230, title IV, Sec. 401(a)(10), Apr. 13,

1970, 84 Stat. 172; renumbered Sec. 448, Pub. L. 92-318, title III,

Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; amended S. Res. 4,

Feb. 4, 1977; Pub. L. 95-43, Sec. 1(d), June 15, 1977, 91 Stat.

219; S. Res. 30, Mar. 7, 1979; Pub. L. 96-88, title III, Sec.

301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692;

Pub. L. 103-437, Sec. 7(a)(1), Nov. 2, 1994, 108 Stat. 4587,

related to reports by Secretary.

Section 1233h, Pub. L. 90-247, title IV, Sec. 449, as added Pub.

L. 93-380, title V, Sec. 518(a), Aug. 21, 1974, 88 Stat. 575,

related to application of other laws to advisory councils under

former subchapter IV of this chapter.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-279 substituted ''section

9543(a)(6) of this title'' for ''section 9003(a)(6) of this

title''.

Pub. L. 107-110 made technical amendment to reference in original

act which appears in text as reference to section 9003(a)(6) of

this title.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-CITE-

20 USC SUBCHAPTER IV - ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

SUBCHAPTER IV - ENFORCEMENT

-MISC1-

PRIOR PROVISIONS

A prior subchapter IV, consisting of sections 1233 to 1233h, was

repealed by Pub. L. 103-382, title II, Sec. 212(a)(2), Oct. 20,

1994, 108 Stat. 3913. See note set out under section 1232j of this

title.

AMENDMENTS

1994 - Pub. L. 103-382, title II, Sec. 212(b)(2), Oct. 20, 1994,

108 Stat. 3913, redesignated subchapter V of this chapter as this

subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7223h of this title.

-CITE-

20 USC Sec. 1234 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234. Office of Administrative Law Judges

-STATUTE-

(a) Establishment; duties

The Secretary shall establish in the Department of Education an

Office of Administrative Law Judges (hereinafter in this subchapter

referred to as the ''Office'') which shall conduct -

(1) recovery of funds hearings pursuant to section 1234a of

this title,

(2) withholding hearings pursuant to section 1234d of this

title,

(3) cease and desist hearings pursuant to section 1234e of this

title, and

(4) other proceedings designated by the Secretary.

(b) Appointment

The administrative law judges (hereinafter ''judges'') of the

Office shall be appointed by the Secretary in accordance with

section 3105 of title 5.

The judges shall be officers or employees of the Department. The

judges shall meet the requirements imposed for administrative law

judges pursuant to section 3105 of title 5. In choosing among

equally qualified candidates for such positions the Secretary shall

give favorable consideration to the candidates' experience in State

or local educational agencies and their knowledge of the workings

of Federal education programs in such agencies. The Secretary

shall designate one of the judges of the Office to be the chief

judge.

(d) Assignment of judges

For the purposes of conducting hearings described in subsection

(a) of this section, the chief judge shall assign a judge to each

case or class of cases. A judge shall be disqualified in any case

in which the judge has a substantial interest, has been of counsel,

is or has been a material witness, or is so related to or connected

with any party or the party's attorney as to make it improper for

the judge to be assigned to the case.

(e) Review and evidentiary functions

The judge shall review and may require that evidence be taken on

the sufficiency of the preliminary departmental determination as

set forth in section 1234a of this title.

(f) Conduct of proceedings; costs and fees of parties

(1) The proceedings of the Office shall be conducted according to

such rules as the Secretary shall prescribe by regulation in

conformance with the rules relating to hearings in title 5,

sections 554, 556, and 557.

(2) The provisions of title 5, section 504, relating to costs and

fees of parties, shall apply to the proceedings before the

Department.

(g) Discovery; scope, time, etc.; issue and enforcement of

subpoenas

(1) In order to secure a fair, expeditious, and economical

resolution of cases and where the judge determines that the

discovered information is likely to elicit relevant information

with respect to an issue in the case, is not sought primarily for

the purposes of delay or harassment, and would serve the ends of

justice, the judge may order a party to -

(A) produce relevant documents;

(B) answer written interrogatories that inquire into relevant

matters; and

The judge shall set a time limit of 90 days on the discovery

period. The judge may extend this period for good cause shown. At

the request of any party, the judge may establish a specific

schedule for the conduct of discovery.

(2) In order to carry out the provisions of subsections (f)(1)

and (g)(1) of this section, the judge is authorized to issue

subpoenas and apply to the appropriate court of the United States

for enforcement of a subpoena. The court may enforce the subpoena

as if it pertained to a proceeding before that court.

(h) Mediation of disputes

The Secretary shall establish a process for the voluntary

mediation of disputes pending before the Office. The mediator shall

be agreed to by all parties involved in mediation and shall be

independent of the parties to the dispute. In the mediation of

disputes the Secretary shall consider mitigating circumstances and

proportion of harm pursuant to section 1234b of this title. In

accordance with rule 408 of the Federal Rules of Evidence, evidence

of conduct or statements made in compromise negotiations shall not

be admissible in proceedings before the Office. Mediation shall be

limited to 120 days, except that the mediator may grant extensions

of such period.

(i) Professional personnel; employment, assignment, or transfer

The Secretary shall employ, assign, or transfer sufficient

professional personnel, including judges of the Office, to ensure

that all matters brought before the Office may be dealt with in a

timely manner.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 451, as added Pub. L. 95-561, title

XII, Sec. 1232, Nov. 1, 1978, 92 Stat. 2346; amended Pub. L.

100-297, title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 349.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (h), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-297 amended section generally, substituting

provisions relating to Office of Administrative Law Judges for

provisions relating to Education Appeal Board.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 3501(b) of Pub. L. 100-297 provided that:

''(1) Except as provided in paragraph (2), the amendments made by

this section (enacting sections 1234f to 1234i of this title and

amending this section and sections 1232d and 1234a to 1234e of this

title) shall be effective 180 days after the date of enactment of

this Act (Apr. 28, 1988).

''(2) The amendments made by this part (part D (Sec. 3501) of

title III of Pub. L. 100-297, enacting sections 1234f to 1234i of

this title and amending this section and sections 1232d and 1234a

to 1234e of this title) shall not apply to any case in which the

recipient, prior to the effective date of this part, received a

written notice that such recipient must return funds to the

Department.''

EFFECTIVE DATE

Subchapter effective 120 days after Nov. 1, 1978, see section

1261 of Pub. L. 95-561, set out as a note under section 1232c of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234d, 7223h of this

title.

-CITE-

20 USC Sec. 1234a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234a. Recovery of funds

-STATUTE-

(a) Preliminary departmental decision; grounds of determination;

notice requirements; prima facie case; amount of funds

recoverable

(1) Whenever the Secretary determines that a recipient of a grant

or cooperative agreement under an applicable program must return

funds because the recipient has made an expenditure of funds that

is not allowable under that grant or cooperative agreement, or has

otherwise failed to discharge its obligation to account properly

for funds under the grant or cooperative agreement, the Secretary

shall give the recipient written notice of a preliminary

departmental decision and notify the recipient of its right to have

that decision reviewed by the Office and of its right to request

mediation.

(2) In a preliminary departmental decision, the Secretary shall

have the burden of establishing a prima facie case for the recovery

of funds, including an analysis reflecting the value of the program

services actually obtained in a determination of harm to the

Federal interest. The facts to serve as the basis of the

preliminary departmental decision may come from an audit report, an

investigative report, a monitoring report, or other evidence. The

amount of funds to be recovered shall be determined on the basis of

section 1234b of this title.

(3) For the purpose of paragraph (2), failure by a recipient to

maintain records required by law, or to allow the Secretary access

to such records, shall constitute a prima facie case.

(b) Review of preliminary departmental decision; form and contents

of application for review; inadequate preliminary decisions;

duties of recipient to subrecipients after preliminary

decision; burden of proof

(1) A recipient that has received written notice of a preliminary

departmental decision and that desires to have such decision

reviewed by the Office shall submit to the Office an application

for review not later than 60 days after receipt of notice of the

preliminary departmental decision. The application shall be in the

form and contain the information specified by the Office. As

expeditiously as possible, the Office shall return to the Secretary

for such action as the Secretary considers appropriate any

preliminary departmental decision which the Office determines does

not meet the requirements of subsection (a)(2) of this section.

(2) In cases where the preliminary departmental decision requests

a recovery of funds from a State recipient, that State recipient

may not recover funds from an affected local educational agency

unless that State recipient has -

(A) transmitted a copy of the preliminary departmental decision

to any affected subrecipient within 10 days of the date that the

State recipient in a State administered program received such

written notice; and

(B) consulted with each affected subrecipient to determine

whether the State recipient should submit an application for

review under paragraph (1).

(3) In any proceeding before the Office under this section, the

burden shall be upon the recipient to demonstrate that it should

not be required to return the amount of funds for which recovery is

sought in the preliminary departmental decision under subsection

(a) of this section.

A hearing shall be set 90 days after receipt of a request for

review of a preliminary departmental decision by the Office, except

that such 90-day requirement may be waived at the discretion of the

judge for good cause.

(d) Review of findings of fact in preliminary decision;

conclusiveness; remand; new or modified findings

(1) 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.

(2) During the conduct of such review, there shall not be any ex

parte contact between the Secretary and individuals representing

the Department or the recipient.

(e) Time for filing petition for review of preliminary decision

Parties to the proceeding shall have 30 days to file a petition

for review of a decision of the administrative law judges with the

Office of the Secretary.

(f) Stay of collection or other adverse action by Secretary against

recipient

(1) If a recipient submits a timely application for review of a

preliminary departmental decision, the Secretary shall take no

collection action until the decision of the Office upholding the

preliminary Department decision in whole or in part becomes final

agency action under subsection (g) of this section.

(2) If a recipient files a timely petition for judicial review

under section 1234g of this title, the Secretary shall take no

collection action until judicial review is completed.

(3) The filing of an application for review under paragraph (1)

or a petition for judicial review under paragraph (2) shall not

affect the authority of the Secretary to take any other adverse

action under this subchapter against the recipient.

(g) Preliminary decision as final agency action

A decision of the Office regarding the review of a preliminary

departmental decision 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 to the Office.

(h) Publication of decisions as final agency actions

The Secretary shall publish decisions that have become final

agency action under subsection (g) of this section in the Federal

(i) Collection amounts and procedures

The amount of a preliminary departmental decision under

subsection (a) of this section for which review has not been

requested in accordance with subsection (b) of this section, and

the amount sustained by a decision of the Office or the Secretary

which becomes final agency action under subsection (g) of this

section, may be collected by the Secretary in accordance with

chapter 37 of title 31.

(j) Compromise of preliminary departmental decisions;

preconditions; notice requirements

(1) Notwithstanding any other provision of law, the Secretary

may, subject to the notice requirements of paragraph (2),

compromise any preliminary departmental decision under this section

which does not exceed the amount agreed to be returned by more than

$200,000, if the Secretary determines that (A) the collection of

any or all or the amount thereof would not be practical or in the

public interest, and (B) the practice which resulted in the

preliminary departmental decision has been corrected and will not

recur.

(2) Not less than 45 days prior to the exercise of the authority

to compromise a preliminary departmental decision pursuant to

paragraph (1), the Secretary shall publish in the Federal Register

a notice of intention to do so. The notice shall provide

interested persons an opportunity to comment on any proposed action

under this subsection through the submission of written data,

views, or arguments.

(k) Limitation period respecting return of funds

No recipient under an applicable program shall be liable to

return funds which were expended in a manner not authorized by law

more than 5 years before the recipient received written notice of a

preliminary departmental decision.

(l) Foregoing of interest during period of administrative review

No interest shall be charged arising from a claim during the

administrative review of the preliminary departmental decision.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 452, as added Pub. L. 95-561, title

XII, Sec. 1232, Nov. 1, 1978, 92 Stat. 2347; amended Pub. L.

100-297, title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 350;

Pub. L. 103-382, title II, Sec. 250(a), Oct. 20, 1994, 108 Stat.

3926.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-382, Sec. 250(a)(1),

substituted ''establishing a prima facie case for the recovery of

funds, including an analysis reflecting the value of the program

services actually obtained in a determination of harm to the

Federal interest.'' for ''stating a prima facie case for the

recovery of funds.''

Subsec. (b)(1). Pub. L. 103-382, Sec. 250(a)(2), substituted ''60

days'' for ''30 days''.

Subsec. (d). Pub. L. 103-382, Sec. 250(a)(3), designated existing

provisions as par. (1) and added par. (2).

1988 - Pub. L. 100-297 amended section generally, substituting

provisions relating to recovery of funds for provisions relating to

audit determinations.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234, 1234c, 1234g,

1234h, 7223h of this title.

-CITE-

20 USC Sec. 1234b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234b. Measure of recovery

-STATUTE-

(a) Amount returned proportionate to extent of harm violation

caused to an identifiable Federal interest; reduction;

determination of identifiable Federal interest

(1) A recipient determined to have made an unallowable

expenditure, or to have otherwise failed to discharge its

responsibility to account properly for funds, shall be required to

return funds in an amount that is proportionate to the extent of

the harm its violation caused to an identifiable Federal interest

associated with the program under which the recipient received the

award. Such amount shall be reduced in whole or in part by an

amount that is proportionate to the extent the mitigating

circumstances caused the violation.

(2) For the purpose of paragraph (1), an identifiable Federal

interest includes, but is not limited to, serving only eligible

beneficiaries; providing only authorized services or benefits;

complying with expenditure requirements and conditions (such as

set-aside, excess cost, maintenance of effort, comparability,

supplement-not-supplant, and matching requirements); preserving the

integrity of planning, application, recordkeeping, and reporting

requirements; and maintaining accountability for the use of funds.

(b) Reduction or waiver of amount based on mitigating

circumstances; burden of proof; determination of mitigating

circumstances; weight, etc., of written request for guidance

(1) When a State or local educational agency is determined to

have made an unallowable expenditure, or to have otherwise failed

to discharge its responsibility to account properly for funds, and

mitigating circumstances exist, as described in paragraph (2), the

judge shall reduce such amount by an amount that is proportionate

to the extent the mitigating circumstances caused the violation.

Furthermore, the judge is authorized to determine that no recovery

is justified when mitigating circumstances warrant. The burden of

demonstrating the existence of mitigating circumstances shall be

upon the State or local educational agency.

(2) For the purpose of paragraph (1), mitigating circumstances

exist only when it would be unjust to compel the recovery of funds

because the State or local educational agency -

(A) actually and reasonably relied upon erroneous written

guidance provided by the Department;

(B) made an expenditure or engaged in a practice after -

(i) the State or local educational agency submitted to the

Secretary, in good faith, a written request for guidance with

respect to the expenditure or practice at issue, and

(ii) a Department official did not respond within 90 days of

receipt by the Department of such request; or

issued to the recipient.

(3) A written request for guidance as described in paragraph (2)

sent by certified mail (return receipt requested) shall be

conclusive proof of receipt by the Department.

(4) If the Secretary responds to a written request for guidance

described in paragraph (2)(B) more than 90 days after its receipt,

the State or local educational agency that submitted the request

shall comply with the guidance received at the earliest practicable

time.

(5) In order to demonstrate the existence of the mitigating

circumstances described in paragraph (2)(B), the State or local

educational agency shall demonstrate that -

(A) the written request for guidance accurately described the

proposed expenditure or practice and included the facts necessary

for a determination of its legality; and

(B) the written request for guidance contained a certification

by the chief legal officer of the State educational agency that

such officer had examined the proposed expenditure or practice

and believed the proposed expenditure or practice was permissible

under then applicable State and Federal law; and

that the proposed expenditure or practice was permissible under

then applicable State and Federal law.

(6) The Secretary shall disseminate to State educational agencies

responses to written requests for guidance, described in paragraph

(5), that reflect significant interpretations of applicable law or

policy.

The Secretary shall periodically review the written requests for

guidance submitted under this section to determine the need for new

or supplementary regulatory or other guidance under applicable

programs.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 453, as added Pub. L. 95-561, title

XII, Sec. 1232, Nov. 1, 1978, 92 Stat. 2349; amended Pub. L.

100-297, title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 353.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-297 amended section generally, substituting

provisions relating to measure of recovery for provisions relating

to withholdings. See section 1234d of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1234a of this title.

-CITE-

20 USC Sec. 1234c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234c. Remedies for existing violations

-STATUTE-

(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;

(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.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 454, as added Pub. L. 95-561, title

XII, Sec. 1232, Nov. 1, 1978, 92 Stat. 2349; amended Pub. L.

100-297, title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 354.)

-MISC1-

AMENDMENTS

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.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234d, 1234e, 1234f of

this title.

-CITE-

20 USC Sec. 1234d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234d. Withholding

-STATUTE-

(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.

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.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 455, as added Pub. L. 95-561, title

XII, Sec. 1232, Nov. 1, 1978, 92 Stat. 2350; amended Pub. L.

100-297, title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 354.)

-MISC1-

AMENDMENTS

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.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234, 1234c, 1234g, 6362,

6777 of this title.

-CITE-

20 USC Sec. 1234e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234e. Cease and desist orders

-STATUTE-

(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.

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.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 456, as added Pub. L. 95-561, title

XII, Sec. 1232, Nov. 1, 1978, 92 Stat. 2351; amended Pub. L.

100-297, title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 355.)

-MISC1-

AMENDMENTS

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.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234, 1234c, 1234g, 6777

of this title.

-CITE-

20 USC Sec. 1234f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234f. Compliance agreements

-STATUTE-

(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.

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.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 457, as added Pub. L. 100-297,

title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 355.)

-MISC1-

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234c, 6777 of this

title.

-CITE-

20 USC Sec. 1234g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234g. Judicial review

-STATUTE-

(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.

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.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 458, as added Pub. L. 100-297,

title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 356; amended Pub.

L. 103-382, title II, Sec. 212(b)(3)(D), Oct. 20, 1994, 108 Stat.

3913.)

-MISC1-

AMENDMENTS

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.

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234a, 1234h, 7223h of

this title.

-CITE-

20 USC Sec. 1234h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234h. Use of recovered funds

-STATUTE-

(a) Repayment to recipient; factors considered

Whenever the Secretary recovers funds paid to a recipient under a

grant or cooperative agreement made under an applicable program

because the recipient made an expenditure of funds that was not

allowable, or otherwise failed to discharge its responsibility to

account properly for funds, the Secretary may consider those funds

to be additional funds available for that program and may arrange

to repay to the recipient affected by that action an amount not to

exceed 75 percent of the recovered funds if the Secretary

determines that -

(1) the practices or procedures of the recipient that resulted

in the violation of law have been corrected, and that the

recipient is in all other respects in compliance with the

requirements of that program, provided that the recipient was

notified of any noncompliance with such requirements and given a

reasonable period of time to remedy such noncompliance;

(2) the recipient has submitted to the Secretary a plan for the

use of those funds pursuant to the requirements of that program

and, to the extent possible, for the benefit of the population

that was affected by the failure to comply or by the misuse of

funds that resulted in the recovery; and

(3) the use of those funds in accordance with that plan would

serve to achieve the purposes of the program under which the

funds were originally paid.

(b) Terms and conditions of repayment

Any payments by the Secretary under this section shall be subject

to such other terms and conditions as the Secretary considers

necessary to accomplish the purposes of the affected programs,

including -

(1) the submission of periodic reports on the use of funds

provided under this section; and

(2) consultation by the recipient with students, parents, or

representatives of the population that will benefit from the

payments.

Notwithstanding any other provisions of law, the funds made

available under this section shall remain available for expenditure

for a period of time deemed reasonable by the Secretary, but in no

case to exceed more than three fiscal years following the later of

(1) the fiscal year in which final agency action under section

1234a(e) of this title is taken; or

(2) if such recipient files a petition for judicial review, the

fiscal year in which final judicial action under section 1234g of

this title is taken.

(d) Publication in Federal Register of notice of intent to enter

into repayment arrangement

At least 30 days prior to entering into an arrangement under this

section, the Secretary shall publish in the Federal Register a

notice of intent to enter into such an arrangement and the terms

and conditions under which payments will be made. Interested

persons shall have an opportunity for at least 30 days to submit

comments to the Secretary regarding the proposed arrangement.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 459, as added Pub. L. 100-297,

title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 356; amended Pub.

L. 103-382, title II, Sec. 250(b), Oct. 20, 1994, 108 Stat. 3927.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-382, Sec. 250(b)(1), inserted

before semicolon '', provided that the recipient was notified of

any noncompliance with such requirements and given a reasonable

period of time to remedy such noncompliance''.

Subsec. (c). Pub. L. 103-382, Sec. 250(b)(2), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

''Notwithstanding any other provisions of law, the funds made

available under this section shall remain available for expenditure

for a period of time deemed reasonable by the Secretary, but in no

case to exceed more than 3 fiscal years following the fiscal year

in which final agency action under section 1234a(e) of this title

is taken.''

EFFECTIVE DATE

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.

-CITE-

20 USC Sec. 1234i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 1234i. Definitions

-STATUTE-

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 (FOOTNOTE 1) (Public Law 874, 81st Congress), and the

Act of September 23, 1950 (FOOTNOTE 1) (Public Law 815, 81st

Congress).

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 90-247, title IV, Sec. 460, as added Pub. L. 100-297,

title III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 357.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in par. (2), is

Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is

classified principally to chapter 28 (Sec. 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, as amended, which was classified generally to chapter 13

(Sec. 236 et seq.) of this title prior to repeal by Pub. L.

103-382, title III, Sec. 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 (Sec. 631 et

seq.) of this title prior to repeal by Pub. L. 103-382, title III,

Sec. 331(a), Oct. 20, 1994, 108 Stat. 3965. For complete

classification of this Act to the Code, see Tables.

-MISC2-

EFFECTIVE DATE

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.

-CITE-

20 USC SUBCHAPTER V - READY TO LEARN TELEVISION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER V - READY TO LEARN TELEVISION

-HEAD-

SUBCHAPTER V - READY TO LEARN TELEVISION

-COD-

CODIFICATION

This subchapter was classified to part G (Sec. 3161 et seq.) of

subchapter IV of chapter 47 of this title prior to its renumbering

by Pub. L. 103-252, title I, Sec. 121(a)(1), May 18, 1994, 108

Stat. 649.

-MISC3-

PRIOR PROVISIONS

A prior subchapter V, consisting of sections 1234 to 1234i, was

renumbered subchapter IV by Pub. L. 103-382, title II, Sec.

212(b)(2), Oct. 20, 1994, 108 Stat. 3913.

-CITE-

20 USC Sec. 1235 to 1235g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER V - READY TO LEARN TELEVISION

-HEAD-

Sec. 1235 to 1235g. Repealed. Pub. L. 107-110, title X, Sec.

1011(3), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 1235, Pub. L. 90-247, title IV, Sec. 471, formerly Pub.

L. 89-10, title IV, Sec. 4701, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3586; renumbered Sec. 471 of Pub. L.

90-247 and amended Pub. L. 103-252, title I, Sec. 121(a)(1),

(2)(A), May 18, 1994, 108 Stat. 649, authorized contracts,

cooperative agreements, and grants to develop, produce, and

distribute educational and instructional video programming for

preschool and elementary school children and their parents.

Section 1235a, Pub. L. 90-247, title IV, Sec. 472, formerly Pub.

L. 89-10, title IV, Sec. 4702, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3586; renumbered Sec. 472 of Pub. L.

90-247 and amended Pub. L. 103-252, title I, Sec. 121(a)(1), (b),

May 18, 1994, 108 Stat. 649, related to development and

dissemination of educational programming.

Section 1235b, Pub. L. 90-247, title IV, Sec. 473, formerly Pub.

L. 89-10, title IV, Sec. 4703, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3587; renumbered Sec. 473 of Pub. L.

90-247, Pub. L. 103-252, title I, Sec. 121(a)(1), May 18, 1994, 108

Stat. 649, set forth duties of Secretary of Education.

Section 1235c, Pub. L. 90-247, title IV, Sec. 474, formerly Pub.

L. 89-10, title IV, Sec. 4704, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3588; renumbered Sec. 474 of Pub. L.

90-247 and amended Pub. L. 103-252, title I, Sec. 121(a)(1),

(2)(B), May 18, 1994, 108 Stat. 649, related to submission of

applications.

Section 1235d, Pub. L. 90-247, title IV, Sec. 475, formerly Pub.

L. 89-10, title IV, Sec. 4705, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3588; renumbered Sec. 475 of Pub. L.

90-247 and amended Pub. L. 103-252, title I, Sec. 121(a)(1),

(2)(C), May 18, 1994, 108 Stat. 649; Pub. L. 107-110, title X, Sec.

1062(5), Jan. 8, 2002, 115 Stat. 2088, required annual report to

Secretary by any entity receiving funds and biannual report to

Congress by Secretary.

Section 1235e, Pub. L. 90-247, title IV, Sec. 476, formerly Pub.

L. 89-10, title IV, Sec. 4706, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3589; renumbered Sec. 476 of Pub. L.

90-247 and amended Pub. L. 103-252, title I, Sec. 121(a)(1),

(2)(D), (c), May 18, 1994, 108 Stat. 649, authorized

appropriations.

Section 1235f, Pub. L. 90-247, title IV, Sec. 477, formerly Pub.

L. 89-10, title IV, Sec. 4707, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3589; renumbered Sec. 477 of Pub. L.

90-247, Pub. L. 103-252, title I, Sec. 121(a)(1), May 18, 1994, 108

Stat. 649; Pub. L. 107-110, title X, Sec. 1062(6), Jan. 8, 2002,

115 Stat. 2088, related to administrative costs.

Section 1235g, Pub. L. 90-247, title IV, Sec. 478, formerly Pub.

L. 89-10, title IV, Sec. 4708, as added Pub. L. 102-545, Sec. 3,

Oct. 27, 1992, 106 Stat. 3589; renumbered Sec. 478 of Pub. L.

90-247, Pub. L. 103-252, title I, Sec. 121(a)(1), May 18, 1994, 108

Stat. 649, defined ''distance learning'' for purposes of this

subchapter.

See section 6775 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as an Effective Date note under section

6301 of this title.

-CITE-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

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Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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