§ 1232c. State agency monitoring and enforcement
844 words·~4 min read·
/usc/title-20/section-1232cA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(c)Withholding of payments Any withholding of payments under subsection (b)(3) of this subsection 1 shall continue until the State is satisfied that there is no longer a failure to comply substantially with any of such requirements.
(Pub. L. 90–247, title IV, § 440, formerly § 434, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2342; renumbered § 440 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 261(e), Oct. 20, 1994, 108 Stat. 3913, 3927.)
Connections20 cite this · traces to 1
Cited by 20 sections · top 13
U.S. Code
statutes-at-large
- Public Law 93–380
- Public Law 95–561To extend and amend expiring elementary and secondary education programs, and for other purposes
- Public Law 94–482To extend the Higher Education Act of 1995, to extend and revise the Vocational Education Act of 1983, and for other purposes
- Public Law 97–35To provide for reconciliation pursuant to section 301 of the first concurrent resolution on the budget for the fiscal year 1982
- Public Law 98–524To amend the Vocational Education Act of 1963 to strengthen and expand the economic base of the Nation, develop human resources, reduce structural unemployment, increase productivity, and strengthen the Nation’s defense capabilities by assisting the States to expand, improve, and update high-quality
statute-compilations
Traces to 1 document
26 references not yet in our index
- 1
- Pub. L. 90–247, title IV, § 440
- Pub. L. 95–561, title XII, § 1231(a)(3)
- 92 Stat. 2342
- Pub. L. 103–382, title II
- 108 Stat. 3913
- Pub. L. 90–247, title IV, § 434
- Pub. L. 91–230, title IV, § 401(a)(10)
- 84 Stat. 169
- Pub. L. 92–318, title III, § 301(a)(1)
- 86 Stat. 326
- Pub. L. 93–380, title V
- 88 Stat. 568
- Pub. L. 94–482, title V, § 501(f)(1)
- 90 Stat. 2237
- section 1231(a)(3) of Pub. L. 95–561
- section 440 of Pub. L. 90–247
- Pub. L. 103–382, § 261(e)(1)
- Pub. L. 103–382, § 261(e)(2)(A)
- Pub. L. 103–382, § 261(e)(2)(B)
- Pub. L. 95–561, title XII, § 1261
- 92 Stat. 2356
- section 1088f–1 of this title
- Pub. L. 93–380, title V, § 511(b)(2)
- 88 Stat. 571
- section 511 of Pub. L. 93–380
Citation graph
cites case law
§ 1232c
State agency monitoring and enforcement
Stat.×11
U.S.C.×7
Fed. Reg.×1
Stat. Comp.×1
Cite1
Pub. L.Pub. L. 90–247, title IV, § 440
Pub. L.Pub. L. 95–561, title XII, § 1231(a)(3)
Stat.92 Stat. 2342
Pub. L.Pub. L. 103–382, title II
Cites 27 · showing 6Cited by 20 across 4 sources