U.S. Code » Title 20 » Chapter CHAPTER 31— GENERAL PROVISIONS CONCERNING EDUCATION › Subchapter SUBCHAPTER IV— ENFORCEMENT

20 U.S.C. § 1234d

Withholding

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(a) Discretionary authority over further payments under applicable program

In accordance with section 1234c of this title, the Secretary may withhold from a recipient, in whole or in part, further payments (including payments for administrative costs) under an applicable program.

(b) Notice requirementsBefore withholding payments, the Secretary shall notify the recipient, in writing, of—(1) the intent to withhold payments;(2) the factual and legal basis for the Secretary’s belief that the recipient has failed to comply substantially with a requirement of law; and(3) an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient.(c) Hearing

The hearing shall be held before the Office and shall be conducted in accordance with the rules prescribed pursuant to subsections (f) and (g) of section 1234 of this title.

(d) Suspension of payments, authorities, etc.

Pending the outcome of any hearing under this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate Federal funds, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate Federal funds should not be suspended.

(e) Findings of fact

Upon review of a decision of the Office by the Secretary, the findings of fact by the Office, if supported by substantial evidence, shall be conclusive. However, the Secretary, for good cause shown, may remand the case to the Office to take further evidence, and the Office may thereupon make new or modified findings of fact and may modify its previous action. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(f) Final agency actionThe decision of the Office in any hearing under this section shall become final agency action 60 days after the recipient receives written notice of the decision unless the Secretary either—(1) modifies or sets aside the decision, in whole or in part, in which case the decision of the Secretary shall become final agency action when the recipient receives written notice of the Secretary’s action; or(2) remands the decision of the Office.(Pub. L. 90–247, title IV, § 455, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2350; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 354.)Editorial NotesAmendments

1988—Pub. L. 100–297 amended section generally, substituting provisions relating to withholding for provisions relating to judicial review. See section 1234g of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.

Notes of Decisions
Cited in 25 cases, 1981–2013 · leading case: Bell v. New Jersey, 461 U.S. 773 (1983).
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Bell v. New Jersey, 461 U.S. 773 (1983). · cites it 6× “2350, 20 U. S. C. § 1234d (1976 ed., Supp. V). The first provision permits judicial review in the courts of appeals of the Secretary's final action with respect to audits, and the second permits judicial review in the courts of appeals of actions of the Board.”
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× “2 (vacated) (noting that the Secretary had not addressed the exhaustion of administrative remedies and citing to 20 U.S.C. § 1234d). [2] As an aside, I note that some States did participate in this lawsuit as amici curiae.”
Connecticut v. Spellings, 453 F. Supp. 2d 459 (D. Conn. 2006). · cites it 3× “until the Secretary determines that *494 the State has fulfilled those requirements”); 20 U.S.C. § 1234d(a) (authorizing the Secretary to “withhold from a recipient, in whole or in part, further payments (including payments for administrative costs)”) (emphasis added).”
State of California, Dep't of Educ. v. William J. Bennett, Sec'y of Educ., United States Dep't of Educ., 833 F.2d 827 (9th Cir. 1987). · cites it 2× “This court has jurisdiction under 20 U.S.C. §§ 1234d, 2851. 8 . In order to strengthen and expand parental involvement in Title I programs, Congress mandated the establishment of parent advisory councils.”
Sch. Dist. v. Sec'y of the United States Dep't of Educ., 512 F.3d 252 (6th Cir. 2008). · cites it 2× “[2] Due to the Secretary's uniform rejection of requests for waivers, Plaintiffs allege that "it would be futile for the plaintiff school districts to ask" for a waiver.”
Michigan Dep't of Educ. v. United States Dep't of Educ., Lauro Cavazos, Sec'y, 875 F.2d 1196 (6th Cir. 1989). · cites it 2× “The scope of review in this case is determined by statute. “The findings of fact by the Board, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Board to take further evidence.”
Commonwealth of Massachusetts, Dep't of Educ. v. United States Dep't of Educ., 837 F.2d 536 (1st Cir. 1988). “The Commonwealth, hotly disputing this finding, brought the instant petition pursuant to 20 U.S.C. § 1234d(b) to review the Secretary’s final decision.”
State of California, Dep't of Educ. v. William J. Bennett, Sec'y, U.S. Dep't of Educ., 849 F.2d 1227 (9th Cir. 1988). · cites it 5× “We have jurisdiction under 20 U.S.C. §§ 1234d(b), 2851(a). We affirm in part, reverse in part and remand in part.”
Dep't of Educ., State of Hawaii v. Terrel Bell, Sec'y of Educ., United States Dep't of Educ., 770 F.2d 1409 (9th Cir. 1985). “On November 18, 1982 Hawaii also petitioned this court, pursuant to 20 U.S.C. § 1234d (1982), for review of the EAB’s decision.”
State of California, Dep't of Educ. v. William J. Bennett, Sec'y, Dep't of Educ., 843 F.2d 333 (9th Cir. 1988). “The Secretary affirmed the EAB’s decision that California return the $282,782 of MEP funds charged to Mini-Corps travel costs, but supplemented the EAB’s reasoning by finding both a second violation of law and rejecting as unsupported California’s proffered justification of its…”
Fort Valley State Coll. v. William J. Bennett, Sec'y of Educ., United States Dep't of Educ., 853 F.2d 862 (11th Cir. 1988). “2d 590 (1985); see 20 U.S.C.A. § 1234d. Substantial evidence is “something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial…”
Commonwealth of Kentucky, Dep't of Educ. v. Sec'y of Educ., United States Dep't of Educ., 717 F.2d 943 (6th Cir. 1983). “§ 455, 20 U.S.C. § 1234d(c); 5 U.S.C. § 706 (emphasis added).”
Show all 25 citing cases →
— 20 U.S.C. § 1234d(a) — 1 case
Connecticut v. Spellings, 453 F. Supp. 2d 459 (D. Conn. 2006). “until the Secretary determines that *494 the State has fulfilled those requirements”); 20 U.S.C. § 1234d(a) (authorizing the Secretary to “withhold from a recipient, in whole or in part, further payments (including payments for administrative costs)”) (emphasis added).”
— 20 U.S.C. § 1234d(b) — 6 cases
Connecticut v. Spellings, 453 F. Supp. 2d 459 (D. Conn. 2006). “until the Secretary determines that *494 the State has fulfilled those requirements”); 20 U.S.C. § 1234d(a) (authorizing the Secretary to “withhold from a recipient, in whole or in part, further payments (including payments for administrative costs)”) (emphasis added).”
Commonwealth of Massachusetts, Dep't of Educ. v. United States Dep't of Educ., 837 F.2d 536 (1st Cir. 1988). “The Commonwealth, hotly disputing this finding, brought the instant petition pursuant to 20 U.S.C. § 1234d(b) to review the Secretary’s final decision.”
State of California, Dep't of Educ. v. William J. Bennett, Sec'y, U.S. Dep't of Educ., 849 F.2d 1227 (9th Cir. 1988). “We have jurisdiction under 20 U.S.C. §§ 1234d(b), 2851(a). We affirm in part, reverse in part and remand in part.”
SC Dept of Educ. v. US Sec'y of Educ., 714 F.3d 249 (4th Cir. 2013).
SC Dep't of Educ. v. US Sec'y of Educ. (4th Cir. 2013).
— 20 U.S.C. § 1234d(c) — 9 cases
Bell v. New Jersey, 461 U.S. 773 (1983). “2350, 20 U. S. C. § 1234d (1976 ed., Supp. V). The first provision permits judicial review in the courts of appeals of the Secretary's final action with respect to audits, and the second permits judicial review in the courts of appeals of actions of the Board.”
Sch. Dist. of City of Pontiac v. Sec'y of US Dep't of Educ., 584 F.3d 253 (6th Cir. 2009). “2 (vacated) (noting that the Secretary had not addressed the exhaustion of administrative remedies and citing to 20 U.S.C. § 1234d). [2] As an aside, I note that some States did participate in this lawsuit as amici curiae.”
Michigan Dep't of Educ. v. United States Dep't of Educ., Lauro Cavazos, Sec'y, 875 F.2d 1196 (6th Cir. 1989). “The scope of review in this case is determined by statute. “The findings of fact by the Board, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Board to take further evidence.”
State of California, Dep't of Educ. v. William J. Bennett, Sec'y, U.S. Dep't of Educ., 849 F.2d 1227 (9th Cir. 1988). “We have jurisdiction under 20 U.S.C. §§ 1234d(b), 2851(a). We affirm in part, reverse in part and remand in part.”
Commonwealth of Kentucky, Dep't of Educ. v. Sec'y of Educ., United States Dep't of Educ., 717 F.2d 943 (6th Cir. 1983). “§ 455, 20 U.S.C. § 1234d(c); 5 U.S.C. § 706 (emphasis added).”
— 20 U.S.C. § 1234d(d) — 1 case
State of California, Dep't of Educ. v. William J. Bennett, Sec'y, U.S. Dep't of Educ., 849 F.2d 1227 (9th Cir. 1988). “We have jurisdiction under 20 U.S.C. §§ 1234d(b), 2851(a). We affirm in part, reverse in part and remand in part.”
— 20 U.S.C. § 1234d(e) — 1 case
Connecticut v. Spellings, 453 F. Supp. 2d 459 (D. Conn. 2006). “until the Secretary determines that *494 the State has fulfilled those requirements”); 20 U.S.C. § 1234d(a) (authorizing the Secretary to “withhold from a recipient, in whole or in part, further payments (including payments for administrative costs)”) (emphasis added).”
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