20 U.S.C. § 1232c

State agency monitoring and enforcement

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 20 CasesGoogle Scholar

(a) State planIn 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 requirementsIn 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 11 So in original. Probably should be “section”. 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.)Editorial NotesPrior Provisions

A prior section 1232c, Pub. L. 90–247, title IV, § 434, formerly § 424, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 169; renumbered § 434 and amended Pub. L. 92–318, title III, § 301(a)(1), title V, § 501, June 23, 1972, 86 Stat. 326, 345; Pub. L. 93–380, title V, §§ 510, 511(a), Aug. 21, 1974, 88 Stat. 568, 569; Pub. L. 94–482, title V, § 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, § 261(e)(1), struck out “educational” after “State” in section catchline.

Subsec. (a). Pub. L. 103–382, § 261(e)(2)(A), substituted “Secretary” for “Commissioner” wherever appearing.

Subsecs. (b), (c). Pub. L. 103–382, § 261(e)(2)(B), (C), redesignated provision following par. (3) of subsec. (b) as subsec. (c) and substituted “subsection (b)(3)” for “paragraph (3)”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 95–561, title XII, § 1261, Nov. 1, 1978, 92 Stat. 2356, 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, § 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.

Notes of Decisions

Cited in 6 cases, 1987–2012 · leading case: Sch. Dist. of City of Pontiac v. Sec'y of US Dep't of Educ., 584 F.3d 253 (6th Cir. 2009).

Sort: Relevance Newest Treatment

Sch. Dist. of City of Pontiac v. Sec'y of US Dep't of Educ., 584 F.3d 253 (6th Cir. 2009). · cites it 4× “20 U.S.C. § 1232c. While the school districts are themselves interested parties, have rights and duties under the Act independent of the States, and are arguably injured by the Secretary's interpretation of the unfunded-mandate provision, the absence of the States as parties is…”

Press-Citizen Co., Inc. v. Univ. of Iowa, 817 N.W.2d 480 (Iowa 2012). · cites it 2× “See 20 U.S.C. §§ 1232c, 1234c (authorizing the withholding of funds when a recipient “is failing to comply substantially with any requirement of law applicable to such funds”); see also id.”

Beth v. Ex Rel. Yvonne v. v. Carroll, 876 F. Supp. 1415 (E.D. Pa. 1995). “See 20 U.S.C. § 1232c(a) (Secretary may require state to submit plan for monitoring compliance; such plan may include complaint resolution procedures); 20 U.”

Mrs. W. v. Tirozzi, 706 F. Supp. 164 (D. Conn. 1989). “20 U.S.C. § 1232c(a). The Secretary may require such plan to provide (1) for periodic visits by state personnel to local programs; (2) for periodic audits of expenditures under such programs; and (3) that the state investigate and resolve all complaints received by the state…”

State of California Dep't of Educ. v. William J. Bennett, Sec'y of Educ., United States Dep't of Educ., 829 F.2d 795 (9th Cir. 1987). “, 20 U.S.C. §§ 1232c(a), 1232d, 1232f, 1234a-1234e, 2835, 2836.”

Pontiac Sch. Dist v. Sec'y US Dept Ed (6th Cir. 2009). · cites it 2× “20 U.S.C. § 1232c. While the school districts are themselves interested parties, have rights and duties under the Act independent of the States, and are arguably injured by the Secretary’s interpretation of the unfunded- mandate provision, the absence of the States as parties is…”

— 20 U.S.C. § 1232c(a) — 3 cases

— 20 U.S.C. § 1232c(b) — 2 cases

Sch. Dist. of City of Pontiac v. Sec'y of US Dep't of Educ., 584 F.3d 253 (6th Cir. 2009). “20 U.S.C. § 1232c. While the school districts are themselves interested parties, have rights and duties under the Act independent of the States, and are arguably injured by the Secretary's interpretation of the unfunded-mandate provision, the absence of the States as parties is…”

Pontiac Sch. Dist v. Sec'y US Dept Ed (6th Cir. 2009). “20 U.S.C. § 1232c. While the school districts are themselves interested parties, have rights and duties under the Act independent of the States, and are arguably injured by the Secretary’s interpretation of the unfunded- mandate provision, the absence of the States as parties is…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.