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Code · BILL · 113th Congress · H.R. 378 (Introduced in House) — To provide for adequate and equitable educational opportunities for students in State public school systems, and for... · Sec. 123

Sec. 123. Consequences of nonremediation

435 words·~2 min read·/bill/113/hr/378/ih/section-123

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any other provision of law and in addition to any other consequence under this section, the Secretary shall withhold 2.75 percent of any funds otherwise available to a State (or a State educational agency) for administration of Federal elementary and secondary education programs for each annual interim goal established under section 122(a)(1)(B) for a fiscal year, or a prior fiscal year, that the Secretary determines the State fails to meet. Notwithstanding any other provision of law and in addition to any other consequence under this section, the Secretary shall withhold from a State determined by the Secretary to continue to fail to meet the requirements of section 112(b) (relating to comparable educational services) at the end of the second school year after a plan is required to be submitted under section 122, up to 33 1/3 percent of funds otherwise available to the State for administration of Federal elementary and secondary education programs.
Notwithstanding any other provision of law and in addition to any other consequence under this section, the Secretary shall withhold from a State determined by the Secretary to fail to meet the requirements of section 112(c) (relating to compliance with court orders) up to 33 1/3 percent of funds otherwise available to the State for the administration of Federal elementary and secondary education programs. For each State from which funds are withheld under this section, the Secretary shall make a determination whether the State, by not later than 1 year after a determination under subsection (a), (b), or (c), has corrected the condition leading to a withholding of funds and shall distribute withheld funds as follows:
If the State corrects a condition leading to a withholding of funds, the Secretary shall make the applicable withheld funds available to the State (or State educational agency). If the State fails to correct a condition leading to a withholding of funds, the Secretary shall allocate the applicable withheld funds to public schools or local educational agencies affected by the State’s failure to make adequate remediation, for the purpose of enabling the school or local educational agency to correct such condition.
The Secretary may grant a request by a State for a waiver of the withholding provisions of subsections
(a)through
(c)for a total period of not more than 1 year if— the Secretary is satisfied that exceptional circumstances (such as a precipitous decrease in State revenues) prevent a State from complying with the requirements of section 112; and the State’s request describes the manner in which the State will comply with the requirements of section 112 by the end of the waiver period.
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