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20 U.S.C. § 1232h — State agency monitoring and enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) State plan** In 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 requirements** In 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 requir
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Source file: Laws/federal/codes/united-states-code/title-20/section-1232h-state-agency-monitoring-and-enforcement--9d02aadade.md
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Source location: Title 20, Chapter 31, § 1232h; chapter-031-general-provisions-concerning-education.md
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**(a) State plan** In 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 requirements** In 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of general application; approval by State supervisory authority** In the case of any State which applies, contracts, or submits a plan for participation in any applicable program in which Federal funds are made available for assistance to local educational agencies through, or under the supervision of, the State educational agency of that State, such State shall submit (subject to the provisions of part D of title IV of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7231&num=0&edition=prelim) et seq.]) to the Secretary a general application containing the assurances set forth in subsection (b). Such application may be submitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for supervision of the activities conducted under each program covered by the application.
**(b) Assurances** An application submitted under subsection (a) shall set forth assurances, satisfactory to the Secretary—
(1) that each program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
(2) that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to such entities, and that the public agency or nonprofit private agency, institution, or organization will administer such fu
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232i
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Federal law — U.S. Code and appendices · legal_authorities
All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232g
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Federal law — U.S. Code and appendices · legal_authorities
There is established an executive department to be known as the Department of Education. The Department shall be administered, in accordance with the provisions of this chapter, under the supervision and direction of a Secretary of Education. The Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3411
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Federal law — U.S. Code and appendices · legal_authorities
Page 913
TITLE 20—EDUCATION
§ 1232h
445 of Pub. L. 111–296, set out as a note under section
1751 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 1, 1998,
except as otherwise provided in Pub. L. 105–244, see sec-
tion 3 of Pub. L. 105–244, set out as a note under section
1001 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Pub. L. 102–325, title XV, § 1555(b), July 23, 1992, 106
Stat. 840, provided that: ‘‘The amendment made by this
section [amending this section] shall take effect on the
date of enactment of this Act [July 23, 1992].’’
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–46 effective Oct. 1, 1978, see
section 8 of Pub. L. 96–46, set out as a note under sec-
tion 930 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Pub. L. 93–568, § 2(b), Dec. 31, 1974, 88 Stat. 1862, pro-
vided that: ‘‘The amendments made by subsection (a)
[amending this section] shall be effective, and retro-
active to, November 19, 1974.’’
EFFECTIVE DATE
Pub. L. 93–380, title V, § 513(b)(1), Aug. 21, 1974, 88 Stat.
574, provided that: ‘‘The provisions of this section [en-
acting this section and provisions set out as a note
under section 1221 of this title] shall become effective
ninety days after the date of enactment [Aug. 21, 1974]
of section 438 [now 444] of the General Education Provi-
sions Act [this section].’’
§ 1232h. Protection of pupil rights
(a) Inspection of instructional materials by par-
ents or guardi
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232h
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