34 C.F.R. § 100.8

Procedure for effecting compliance

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(a) General. If there appears to be a failure or threatened failure to comply with this regulation, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include, but are not limited to, (1) a reference to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States (including other titles of the Act), or any assurance or other contractual undertaking, and (2) any applicable proceeding under State or local law.

(b) Noncompliance with § 100.4. If an applicant fails or refuses to furnish an assurance required under § 100.4 or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that section Federal financial assistance may be refused in accordance with the procedures of paragraph (c) of this section. The Department shall not be required to provide assistance in such a case during the pendency of the administrative proceedings under such paragraph except that the Department shall continue assistance during the pendency of such proceedings where such assistance is due and payable pursuant to an application therefor approved prior to the effective date of this part.

(c) Termination of or refusal to grant or to continue Federal financial assistance. No order suspending, terminating or refusing to grant or continue Federal financial assistance shall become effective until (1) the responsible Department official has advised the applicant or recipient of his failure to comply and has determined that compliance cannot be secured by voluntary means, (2) there has been an express finding on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with a requirement imposed by or pursuant to this part, (3) the expiration of 30 days after the Secretary has filed with the committee of the House and the committee of the Senate having legislative jurisdiction over the program involved, a full written report of the circumstances and the grounds for such action. Any action to suspend or terminate or to refuse to grant or to continue Federal financial assistance shall be limited to the particular political entity, or part thereof, or other applicant or recipient as to whom such a finding has been made and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found.

(d) Other means authorized by law. No action to effect compliance by any other means authorized by law shall be taken until (1) the responsible Department official has determined that compliance cannot be secured by voluntary means, (2) the recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance, and (3) the expiration of at least 10 days from the mailing of such notice to the recipient or other person. During this period of at least 10 days additional efforts shall be made to persuade the recipient or other person to comply with the regulation and to take such corrective action as may be appropriate.

(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d, 2000d-1. Sec. 182, 80 Stat. 1209; 42 U.S.C. 2000d-5)

Notes of Decisions

Cited in 22 cases (7 in the last 5 years), 1981–2026 · leading case: Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 2016).

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Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 2016). · cites it 3× “§ 1682 ; 34 C.F.R. § 100.8 (c). A district is entitled to a hearing before an administrative law judge followed by an administrative appeal and discretionary review by the Secretary of Education.”

State of Tenn. v. Dep't of Educ., 104 F.4th 577 (6th Cir. 2024). · cites it 2× “§ 1682 ; see 34 C.F.R. § 100.8 (a). And aside from a loss of 8At argument, the Department’s counsel stated that it has not and would not enforce the Documents in enforcement actions against the Plaintiff States.”

Capella Univ., Inc. v. Exec. Risk Specialty Ins. Co., 617 F.3d 1040 (8th Cir. 2010). “Here again, these formalities are not operative until the OCR has completed a preliminary investigation, attempted and failed to secure compliance through informal measures, and decided to effect compliance through one of the formal means listed in 34 C.F.R. § 100.8 . Thus, the…”

Salazar v. South San Antonio Indep. Sch. Dist., 690 F. App'x 853 (5th Cir. 2017). “8(d) (1997) and citing 34 C.F.R. § 100.8 (c) (1997)). 42 . Id. at 289 , 118 S.”

Nicholas Marlow v. United States Dep't of Educ. & William Bennett, Sec'y of Educ., 820 F.2d 581 (2d Cir. 1987). “See 34 C.F.R. § 100.8 . Under 34 C.F.R. § 101.”

Canty v. Old Rochester Reg'l Sch. Dist., 54 F. Supp. 2d 66 (D. Mass. 1999). “7 (a)-(d), (ii) administrative investigation and termination of federal funding, see 34 C.F.R. § 100.8 (a), (iii) administrative investigation and resolution by any means authorized by law (such as a reference to the Department of Justice with a recommendation that appropriate…”

Pearl River Union Free Sch. Dist. v. Duncan, 56 F. Supp. 3d 339 (S.D.N.Y. 2015). “” 34 C.F.R. § 100.8 (1980). The Litigation Report of the Chief Regional Civil Rights Attorney .”

Ryan v. Shawnee Mission Unified Sch. Dist. No. 512, 437 F. Supp. 2d 1233 (D. Kan. 2006). “See 34 C.F.R. § 100.8 (a). The Tenth Circuit has held that this is a public remedy which is an empty one for a private plaintiff and, therefore, a private plaintiff is not required to “pursue a remedy which is irrelevant to his [or her] particular need.”

United States v. Yonkers Bd. of Educ., 518 F. Supp. 191 (S.D.N.Y. 1981). “, the regulations of the United States Department of Education which implement Title VI, 34 C.F.R. § 100.8 , Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), 42 U.”

Alexander v. Underhill, 416 F. Supp. 2d 999 (D. Nev. 2006). “34 C.F.R. § 100.8 . In addition to the administrative remedies, Title VI contains an implied private cause of action through which individuals can obtain both injunctive relief and damages.”

Rogers v. Bennett, 873 F.2d 1387 (11th Cir. 1989). “Such forms of discrimination against the handicapped may escape detection under other regulatory provisions.”

United States v. City of Yonkers, 888 F. Supp. 591 (S.D.N.Y. 1995). “, 34 C.F.R. § 100.8 (a) (Department of Education) (noting simply that “[i]f there appears to be a failure or threatened failure to comply with this regulation, and if the non-compliance or threatened noncompliance cannot be corrected by informal means, compliance .”

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