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20 U.S.C. § 1234d — Office of Administrative Law Judges

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20 U.S.C. § 1234d — Office of Administrative Law Judges

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Stable record: federal_law:legal_authorities:record_usc_10c7806b0889641dbf5fe65c
Source file: Laws/federal/codes/united-states-code/title-20/section-1234d-office-of-administrative-law-judges--96a83e8eb8.md
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Source location: Title 20, Chapter 31, § 1234d; chapter-031-general-provisions-concerning-education.md

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**(a) Establishment; duties** The Secretary shall establish in the Department of Education an Office of Administrative Law Judges (hereinafter in this subchapter referred to as the “Office”) which shall conduct— (1) recovery of funds hearings pursuant to [section 1234a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a&num=0&edition=prelim), (2) withholding hearings pursuant to [section 1234d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234d&num=0&edition=prelim), (3) cease and desist hearings pursuant to [section 1234e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234e&num=0&edition=prelim), and (4) other proceedings designated by the Secretary. **(b) Appointment** The administrative law judges (hereinafter “judges”) of the Office shall be appointed by the Secretary in accordance with [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). **(c) Employment requirements; chief judge** The judges shall be officers or employees of the Department. The judges shall meet the requirements imposed for administrative law judges pursuant to [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). In choosing among equally qualified candidates for such positions the Secretary shall give favorable consideration to the candidates’ experience in State or local educational agencies and their knowledge of the workings of Federal education programs in such agencies. The Secretary shall designate one of the judges of the Office to be the chief judge. **(d) Assignment of judges** For the purposes of conducting hearings described in subsection (a), the chief judge shall assign a judge to each case or class of cases. A judge shall be disqualified in any case in which the judge has a substantial interest, has been of counsel, is or has been a material witness, or is so related to or connected with any party or the party’s attorney as to make it improper for the judge to be assigned to the case. **(e) Review and evidentiary functions** The judge shall review and may require that evidence be taken on the sufficiency of the preliminary departmental determination as set forth in [section 1234a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a&num=0&edition=prelim). **(f) Conduct of proceedings; costs and fees of parties** (1) The proceedings of the Office shall be conducted according to such rules as the Secretary shall prescribe by regulation in conformance with the rules relating to hearings in title 5, sections 554, 556, and 557. (2) The provisions of title 5, section 504, relating to costs and fees of parties, shall apply to the proceedings before the Department. **(g) Discovery; scope, time, etc.; issue and enforcement of subpoenas** (1) In order to secure a fair, expeditious, and economical resolution of cases and where the judge determines that the discovered information is likely to elicit relevant information with respect to an issue in the case, is not sought primarily for the purposes of delay or harassment, and would serve the ends of justice, the judge may order a party to— (A) produce relevant documents; (B) answer written interrogatories that inquire into relevant matters; and (C) have depositions taken. The judge shall set a time limit of 90 days on the discovery period. The judge may extend this period for good cause shown. At the request of any party, the judge may establish a specific schedule for the conduct of discovery. (2) In order to carry out the provisions of subsections (f)(1) and (g)(1), the judge is authorized to issue subpoenas and apply to the appropriate court of the United States for enforcement of a subpoena. The court may enforce the subpoena as if it pertained to a proceeding before that court. **(h) Mediation of disputes** The Secretary shall establish a process for the voluntary mediation of disputes pending before the Office. The mediator shall be agreed to by all parties involved in mediation and shall be independent of the parties to the dispute. In the mediation of disputes the Secretary shall consider mitigating circumstances and proportion of harm pursuant to [section 1234b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234b&num=0&edition=prelim). In accordance with rule 408 of the Federal Rules of Evidence, evidence of conduct or statements made in compromise negotiations shall not be admissible in proceedings before the Office. Mediation shall be limited to 120 days, except that the mediator may grant extensions of such period. **(i) Professional personnel; employment, assignment, or transfer** The Secretary shall employ, assign, or transfer sufficient professional personnel, including judges of the Office, to ensure that all matters brought before the Office may be dealt with in a timely manner.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234a — Protection of pupil rights

**(a) Inspection of instructional materials by parents or guardians** All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children. **(b) Limits on survey, analysis, or evaluations** No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning— (1) political affiliations or beliefs of the student or the student’s parent; (2) mental or psychological problems of the student or the student’s family; (3) sex behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) critical appraisals of other individuals with whom respondents have close family relationships; (6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; (7) religious practices, affiliations, or beliefs of the student or student’s parent; or (8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. **(c) Development of local policies concerning student privacy, parental access to information, and administration of certain physical examinations to minors** (1) **Development and adoption of local policies** — Except as provided in subsections (a) and (b), a local educational agency that receives funds under any applicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234a

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234b — Limitations on withholding of Federal assistance

**(a) Refusal to supply personal data on students or families** Except as provided in [section 1232g(b)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g/b/1/D&num=0&edition=prelim), the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant. **(b) Noncompliance with nondiscrimination provisions of Federal law** The extension of Federal financial assistance to a local educational agency may not be limited, deferred, or terminated by the Secretary on the ground of noncompliance with title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.] or any other nondiscrimination provision of Federal law unless such agency is accorded the right of due process of law, which shall include— (1) at least 30 days prior written notice of deferral to the agency, setting forth the particular pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234b

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234e — Recovery of funds

**(a) Preliminary departmental decision; grounds of determination; notice requirements; prima facie case; amount of funds recoverable** (1) Whenever the Secretary determines that a recipient of a grant or cooperative agreement under an applicable program must return funds because the recipient has made an expenditure of funds that is not allowable under that grant or cooperative agreement, or has otherwise failed to discharge its obligation to account properly for funds under the grant or cooperative agreement, the Secretary shall give the recipient written notice of a preliminary departmental decision and notify the recipient of its right to have that decision reviewed by the Office and of its right to request mediation. (2) In a preliminary departmental decision, the Secretary shall have the burden of establishing a prima facie case for the recovery of funds, including an analysis reflecting the value of the program services actually obtained in a determination of harm to the Federal interest. The facts to serve as the basis of the preliminary departmental decision may come from an audit report, an investigative report, a monitoring report, or other evidence. The amount of funds to be recovered shall be determined on the basis of [section 1234b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234b&num=0&edition=prelim). (3) For the purpose of paragraph (2), failure by a recipient to maintain records required by law, or to allow the Secretary access to such records, shall constitute a prima facie case. **(b) Review of preliminary departmental decision; form and contents of application for review; inadequate preliminary decisions; duties of recipient to subrecipients after preliminary decision; burden of proof** (1) A reci

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234e

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1232c — Applications

**(a) Submission and amendments of applications** Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this section, the Secretary is authorized to provide for the submission of applications for assistance effective for more than one fiscal year under any applicable program with whatever amendments to such applications being required as the Secretary determines essential. **(b) Uniform dates** The Secretary shall, insofar as is practicable, establish uniform dates during the year for the submission of applications under all applicable programs and for the approval of such applications. **(c) Development of common applications** The Secretary shall, insofar as is practicable, develop and require the use of— (1) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies pursuant to some objective formula, and such application shall be used as the single application for as many of these programs as is practicable; (2) a common application for grants to local educational agencies in applicable programs administered by State educational agencies in which the funds are distributed to such local agencies on a competitive or discretionary basis, and such application shall be used as the single application for as many of such programs as is practicable; and (3) a common application for grants to local educational agencies in applicable programs which are directly administered by the Secretary, and such application shall be used as the single application for as many of these programs as is practicable.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232c

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1234f — Measure of recovery

**(a) Amount returned proportionate to extent of harm violation caused to an identifiable Federal interest; reduction; determination of identifiable Federal interest** (1) A recipient determined to have made an unallowable expenditure, or to have otherwise failed to discharge its responsibility to account properly for funds, shall be required to return funds in an amount that is proportionate to the extent of the harm its violation caused to an identifiable Federal interest associated with the program under which the recipient received the award. Such amount shall be reduced in whole or in part by an amount that is proportionate to the extent the mitigating circumstances caused the violation. (2) For the purpose of paragraph (1), an identifiable Federal interest includes, but is not limited to, serving only eligible beneficiaries; providing only authorized services or benefits; complying with expenditure requirements and conditions (such as set-aside, excess cost, maintenance of effort, comparability, supplement-not-supplant, and matching requirements); preserving the integrity of planning, application, recordkeeping, and reporting requirements; and maintaining accountability for the use of funds. **(b) Reduction or waiver of amount based on mitigating circumstances; burden of proof; determination of mitigating circumstances; weight, etc., of written request for guidance** (1) When a State or local educational agency is determined to have made an unallowable expenditure, or to have otherwise failed to discharge its responsibility to account properly for funds, and mitigating circumstances exist, as described in paragraph (2), the judge shall reduce such amount by an amount that is proportionate to the extent the mitigating circumstances caused the violation. Further

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234f

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20 U.S.C. § 1234g — Remedies for existing violations

**(a)** Whenever the Secretary has reason to believe that any recipient of funds under any applicable program is failing to comply substantially with any requirement of law applicable to such funds, the Secretary may— (1) withhold further payments under that program, as authorized by [section 1234d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234d&num=0&edition=prelim); (2) issue a complaint to compel compliance through a cease and desist order of the Office, as authorized by [section 1234e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234e&num=0&edition=prelim); (3) enter into a compliance agreement with a recipient to bring it into compliance, as authorized by [section 1234f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234f&num=0&edition=prelim); or (4) take any other action authorized by law with respect to the recipient. **(b)** Any action, or failure to take action, by the Secretary under this section shall not preclude the Secretary from seeking a recovery of funds under [section 1234a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234g

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7161 to 7164 — Internet safety

**(a) In general** No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under [section 254(h)(5) of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section254/h/5&num=0&edition=prelim) may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both— (1) (A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; (ii) child pornography; or (iii) harmful to minors; and (B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and (2) (A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; or (ii) child pornography; and (B) is enforcing the operation of such technology protection measure during any use of such computers. **(b) Timing and applicability of implementation** (1) **In general** — The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for the next progra

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7161 to 7164

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20 U.S.C. § 1234d — Withholding

Page 921 TITLE 20—EDUCATION § 1234d (A) actually and reasonably relied upon erro- neous written guidance provided by the De- partment; (B) made an expenditure or engaged in a practice after— (i) the State or local educational agency submitted to the Secretary, in good faith, a written request for guidance with respect to the expenditure or practice at issue, and (ii) a Department official did not respond within 90 days of receipt by the Department of such request; or (C) actually and reasonably relied upon a ju- dicial decree issued to the recipient. (3) A written request for guidance as described in paragraph (2) sent by certified mail (return receipt requested) shall be conclusive proof of receipt by the Department. (4) If the Secretary responds to a written re- quest for guidance described in paragraph (2)(B) more than 90 days after its receipt, the State or local educational agency that submitted the re- quest shall comply with the guidance received at the earliest practicable time. (5) In order to demonstrate the existence of the mitigating circumstances described in para- graph (2)(B), the State or local educational agency shall demonstrate that— (A) the written request for guidance accu- rately described the proposed expenditure or practice and included the facts necessary for a determination of its legality; and (B) the written request for guidance con- tained a certification by the chief legal officer of the State educational agency that such offi- cer had examined the proposed expenditure or practice and believed the proposed expenditure or practice was permissible under then appli- cable State and Federal law; and (C) the State or local educational agency reasonably believed that the proposed expendi- ture or practice was permissibl

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1234d

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