U.S. Code » Title 20 » CHAPTER 70— STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › SUBCHAPTER VII— IMPACT AID

20 U.S.C. § 7712

Forgiveness of overpayments

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Notwithstanding any other provision of law, the Secretary may forgive the obligation of a local educational agency to repay, in whole or in part, the amount of any overpayment received under this subchapter, or under this subchapter’s predecessor authorities, if the Secretary determines that the overpayment was made as a result of an error made by—(1) the Secretary; or(2) the local educational agency and repayment of the full amount of the overpayment will result in an undue financial hardship on the agency and seriously harm the agency’s educational program.(Pub. L. 89–10, title VII, § 7012, formerly title VIII, § 8012, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3769; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1815], Oct. 30, 2000, 114 Stat. 1654, 1654A–387; renumbered title VII, § 7012, Pub. L. 114–95, title VII, § 7001(c)(2), Dec. 10, 2015, 129 Stat. 2074.)Editorial NotesAmendments

2000—Pub. L. 106–398 substituted “under this subchapter’s predecessor authorities” for “under the Act of September 30, 1950 (Public Law 874, 81st Congress) or the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such Acts were in effect on the day preceding October 20, 1994)” in introductory provisions.

Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: Empire State Restaurant & Tavern Ass'n v. New York State, 360 F. Supp. 2d 454 (N.D.N.Y. 2005).
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Empire State Restaurant & Tavern Ass'n v. New York State, 360 F. Supp. 2d 454 (N.D.N.Y. 2005). “, 20 U.S.C. § 7712 (local educational agency may not have to repay overpayment of federal funds if it can show that such repayment will result in “undue financial hardship” on the agency); 17 U.”
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