Sec. 201. State plan and enforcement
618 words·~3 min read·
/bill/116/s/4936/is/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 18 months after the date of enactment of this Act, and every two years thereafter, each State educational agency that receives Federal financial assistance shall provide to the Secretary— a written assurance that— all programs located in such State have been notified of the requirements of this Act; all program personnel of such State educational agency have received training with respect to such requirements; parents of students served by such State educational agency have been notified of the requirements, rights, and remedies available under this Act; and the notification required under subparagraph
(C)is publicly available on the website of the State educational agency; and a school climate report that includes a description of— the policies and procedures of the State educational agency with respect exclusionary and aversive discipline practices or interventions in such schools; how the State educational agency plans to implement, is implementing, or has implemented positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in the public elementary schools and secondary schools of such State; and efforts of the State educational agency to ensure program personnel receive the supports and training necessary to implement the interventions, supports, and other models described in subparagraph (B). Not later than one year after the date of enactment of this Act, and not less than once every two years thereafter, each local educational agency shall submit to the State educational agency a report that includes the information the State educational agency determines necessary to comply with the requirements of subsection (a). Not later than two years after the date of enactment of this Act, and not less than once every two years thereafter, the Secretary shall— submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the reports under subsection (a)(2); and make the reports described in paragraph
(1)publicly available. If a State educational agency fails to comply with subsection (a), the Secretary shall carry out at least one of the following: Withhold, in whole or in part, further payments under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221(c) )) in accordance with section 455 of such Act ( 20 U.S.C. 1234d ). Enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f ). Issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234e ). If the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments within one year from the date on which such payments were first withheld, the Secretary shall— cease the withholding of payments with respect to the State educational agency under such subparagraph; and reimburse all the withheld payments under such subparagraph to such State educational agency. The funds appropriated or made available for the payments that were withheld under paragraph (1)(A)(i) shall be available for expenditure to that program for not longer than one year from the date upon which the determination in paragraph (1)(B) was made. Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq.).
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