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20 U.S.C. § 1231f — Review of applications

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

20 U.S.C. § 1231f — Review of applications

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Source file: Laws/federal/codes/united-states-code/title-20/section-1231f-review-of-applications--f2299e300e.md
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Source location: Title 20, Chapter 31, § 1231f; chapter-031-general-provisions-concerning-education.md

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**(a) Persons aggrieved; final State educational agency actions; hearing; ruling and reasons for ruling; rescission of final actions** In the case of any applicable program under which financial assistance is provided to (or through) a State educational agency to be expended in accordance with a State plan approved by the Secretary, any applicant or recipient aggrieved by the final action of the State educational agency, and alleging a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program, in (1) disapproving or failing to approve its application or program in whole or part, (2) failing to provide funds in amounts in accord with the requirements of laws and regulations, (3) ordering, in accordance with a final State audit resolution determination, the repayment of misspent or misapplied Federal funds, or (4) terminating further assistance for an approved program, may within thirty days request a hearing. Within thirty days after it receives such a request, the State educational agency shall hold a hearing on the record and shall review such final action. No later than ten days after the hearing, the State educational agency shall issue its written ruling, including reasons therefor. If it determines such final action was contrary to Federal or State law, or the rules, regulations, and guidelines governing such applicable program, it shall rescind such final action. **(b) Appeals to Secretary; persons aggrieved; notice; orders prescribing appropriate agency actions; finality of agency fact findings; interim orders pending appeal or review** Any applicant or recipient aggrieved by the failure of a State educational agency to rescind its final action after a review under subsection (a) may appeal such action to the Secretary. An appeal under this subsection may be taken only if notice of such appeal is filed with the Secretary within twenty days after the applicant or recipient has been notified by the State educational agency of the results of its review under subsection (a). If, on such appeal, the Secretary determines the final action of the State educational agency was contrary to Federal law, or the rules, regulations, and guidelines governing the applicable program, he shall issue an order to the State educational agency prescribing appropriate action to be taken by such agency. On such appeal, findings of fact of the State educational agency, if supported by substantial evidence, shall be final. The Secretary may also issue such interim orders to State educational agencies as he may deem necessary and appropriate pending appeal or review. **(c) Records; availability** Each State educational agency shall make available at reasonable times and places to each applicant or recipient under a program to which this section applies all records of such agency pertaining to any review or appeal such applicant or recipient is conducting under this section, including records of other applicants. **(d) Termination of assistance for noncompliance with provisions or orders** If any State educational agency fails or refuses to comply with any provision of this section, or with any order of the Secretary under subsection (b), the Secretary shall forthwith terminate all assistance to the State educational agency under the applicable program affected or issue such other orders as the Secretary may deem appropriate to achieve such compliance.

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

20 U.S.C. § 1232a — Use of funds withheld

**(a)** At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply 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.], title IX of the Education Amendments of 1972 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), or the Age Discrimination Act of 1975 [[42 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.]. **(b)** The Secretary may use any funds withheld under subsection (a)— (1) to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or (2) for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [[42 U.S.C. 2000c–4](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000c–4&num=0&edition=prelim)], or for any other program administ

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

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

20 U.S.C. § 1231a — Equity for students, teachers, and other program beneficiaries

**(a) Purpose** The purpose of this section is to assist the Department in implementing the Department’s mission to ensure equal access to education and to promote educational excellence throughout the Nation, by— (1) ensuring equal opportunities to participate for all eligible students, teachers, and other program beneficiaries in any project or activity carried out under an applicable program; and (2) promoting the ability of such students, teachers, and beneficiaries to meet high standards. **(b) Requirement to develop steps to ensure equity** The Secretary shall require each applicant for assistance under an applicable program (other than an individual) to develop and describe in such applicant’s application the steps such applicant proposes to take to ensure equitable access to, and equitable participation in, the project or activity to be conducted with such assistance, by addressing the special needs of students, teachers, and other program beneficiaries in order to overcome barriers to equitable participation, including barriers based on gender, race, color, national origin, disability, and age. **(c) Establishment of criteria** The Secretary may establish criteria and provide technical assistance for meeting the requirements of this section. **(d) Effect on other laws** Nothing in this section shall be construed to alter in any way the rights or responsibilities established under the laws cited in [section 1221(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1221/d&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1231a

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

20 U.S.C. § 1231b–2 — Disclosure requirements

**(a) In general** Each educational organization, prior to enrolling a minor and prior to accepting funds for the cost of a minor’s participation in an educational program operated by such organization, shall disclose the following information in written form to the minor or the minor’s parent. (1) **Method of solicitation and selection** — The method of solicitation and selection of participants in the educational program, including— (A) the origin of any mailing list used for such solicitation and selection; (B) any recruitment through a local school official, teacher, or school personnel, including any compensation or other benefit offered to such official, teacher, or personnel for the recommendation of a minor for participation in the educational program; (C) any open enrollment activity, including the method of outreach; and (D) any cooperation with, or sponsorship by, a membership organization, including a description of the cooperation or sponsorship and the name of each such organization. (2) **Cost and fees** — Information regarding the cost of the educational program and information regarding the distribution of any enrollment fee, including— (A) the amount paid for, and the percentage of the total educational program cost of, each feature of the educational program, including— (i) food; (ii) lodging; (iii) transportation; (iv) program staffing; (v) textbooks, syllabi, or other scholastic educational program materials; (vi) speaker fees; and (vii) administrative expenses, including expenses related to— (I) the preparation of nonscholastic educational program materials; (II) the provision of financial assistance; (III) mailing list rental or other recruitment activity; and (IV) adm

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1231b–2

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

20 U.S.C. § 1231f — Repealed. Pub. L. 103–382, title II,

Page 899 TITLE 20—EDUCATION § 1232 PRIOR PROVISIONS A prior section 435 of Pub. L. 90–247 was renumbered section 441, and is classified to section 1232d of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 423, and is classified to section 1226a–1 of this title. Another prior section 435 of Pub. L. 90–247 was renum- bered section 445, and is classified to section 1233d of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. re- lating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964. § 1231f. Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913 Section, Pub. L. 90–247, title IV, § 429, formerly § 417, as added Pub. L. 91–230, title IV § 401(a)(10), Apr. 13, 1970, 84 Stat. 168; renumbered § 427, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 429 and amended Pub. L. 93–380, title V, §§ 501(b)(2), 508(a), Aug. 21, 1974, 88 Stat. 558, 565; Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, authorized transfer of information. PART 2—ADMINISTRATION: REQUIREMENTS AND LIMITATIONS § 1231g. 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 as- sistance 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, in

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1231f

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