Browse Arkansas Code titles and sections
20 U.S.C. § 1234i — Cease and desist orders
Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance and contents of complaint** In accordance with [section 1234c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234c&num=0&edition=prelim), the Secretary may issue to a recipient under an applicable program a complaint which—
(1) describes the factual and legal basis for the Secretary’s belief that the recipient is failing to comply substantially with a requirement of law; and
(2) contains a notice of a hearing to be held before the Office on a date at least 30 days after the service of the complaint.
**(b) Appearance contesting order** The recipient upon which a complaint has been served shall have the right to appear before the Office on the date specified and to show cause why an order should not be entered by the Office requiring the recipient to cease and desist from the violation of law charged in the complaint.
**(c) Report; issuance of cease and desist order** The testimony in any hearing held under this section shall be reduced to writing and filed with the Office. If upon that hearing the Office is of the opinion that the recipient is in violation of any requirement of law as charged in the complaint, the Office shall—
(1) make a report in writing stating its findings of fact; and
(2) issue to the recipient an order requiring the recipient to cease and desist from the practice, policy, or procedure which resulted in the violation.
**(d) Report and order as final agency action** The report and order of the Office under this section shall become the final agency action when the recipient receives the report and order.
**(e) Enforcement of final order** The Secretary may enforce a final order of the Office under this section which becomes final agency action by—
(1) withholding from the recipient a
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234i
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 1bffe5050b4c22ebf16830d4feda257798f20ab3498a45ee5f4e66a1c46889e6. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_9eddabb1a50c7af1e728a864
Source file: Laws/federal/codes/united-states-code/title-20/section-1234i-cease-and-desist-orders--57ad8190d2.md
Pages: Not recorded – Not recorded
Passage SHA-256: a7be9cfb7920da8152b8deabf895a778395b415ddca81b74c86a22f493c3daed
Source location: Title 20, Chapter 31, § 1234i; chapter-031-general-provisions-concerning-education.md
Stored source content
**(a) Issuance and contents of complaint** In accordance with [section 1234c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234c&num=0&edition=prelim), the Secretary may issue to a recipient under an applicable program a complaint which—
(1) describes the factual and legal basis for the Secretary’s belief that the recipient is failing to comply substantially with a requirement of law; and
(2) contains a notice of a hearing to be held before the Office on a date at least 30 days after the service of the complaint.
**(b) Appearance contesting order** The recipient upon which a complaint has been served shall have the right to appear before the Office on the date specified and to show cause why an order should not be entered by the Office requiring the recipient to cease and desist from the violation of law charged in the complaint.
**(c) Report; issuance of cease and desist order** The testimony in any hearing held under this section shall be reduced to writing and filed with the Office. If upon that hearing the Office is of the opinion that the recipient is in violation of any requirement of law as charged in the complaint, the Office shall—
(1) make a report in writing stating its findings of fact; and
(2) issue to the recipient an order requiring the recipient to cease and desist from the practice, policy, or procedure which resulted in the violation.
**(d) Report and order as final agency action** The report and order of the Office under this section shall become the final agency action when the recipient receives the report and order.
**(e) Enforcement of final order** The Secretary may enforce a final order of the Office under this section which becomes final agency action by—
(1) withholding from the recipient any portion of the amount payable to it, including the amount payable for administrative costs, under the applicable program; or
(2) certifying the facts to the Attorney General who shall cause an appropriate proceeding to be brought for the enforcement of the order.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Discretionary authority over further payments under applicable program** In accordance with [section 1234c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234c&num=0&edition=prelim), 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 requirements** Before 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234&num=0&edition=prelim).
**(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234h
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions for availability of funds to educational agencies or institutions; inspection and review of education records; specific information to be made available; procedure for access to education records; reasonableness of time for such access; hearings; written explanations by parents; definitions**
(1)
(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.
(B) No funds under any applicable program shall be made available to any State educational agency (whether or not that agency is an educational agency or institution under this section) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General prohibition** Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided to the Department of Education or to an applicable program, may be used to pilot test, field test, implement, administer or distribute in any way any federally sponsored national test in reading, mathematics, or any other subject that is not specifically and explicitly provided for in authorizing legislation enacted into law.
**(b) Exceptions** Subsection (a) shall not apply to the Third International Mathematics and Science Study or other international comparative assessments developed under the authority of [section 9543(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9543/a/6&num=0&edition=prelim) and administered to only a representative sample of pupils in the United States and in foreign nations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234c
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 924
TITLE 20—EDUCATION
§ 1234i
1 See References in Text note below.
(2) the recipient has submitted to the Sec-
retary a plan for the use of those funds pursu-
ant to the requirements of that program and,
to the extent possible, for the benefit of the
population that was affected by the failure to
comply or by the misuse of funds that resulted
in the recovery; and
(3) the use of those funds in accordance with
that plan would serve to achieve the purposes
of the program under which the funds were
originally paid.
(b) Terms and conditions of repayment
Any payments by the Secretary under this
section shall be subject to such other terms and
conditions as the Secretary considers necessary
to accomplish the purposes of the affected pro-
grams, including—
(1) the submission of periodic reports on the
use of funds provided under this section; and
(2) consultation by the recipient with stu-
dents, parents, or representatives of the popu-
lation that will benefit from the payments.
(c) Availability of funds
Notwithstanding any other provisions of law,
the funds made available under this section
shall remain available for expenditure for a pe-
riod of time deemed reasonable by the Sec-
retary, but in no case to exceed more than three
fiscal years following the later of—
(1) the fiscal year in which final agency ac-
tion under section 1234a(e) of this title is
taken; or
(2) if such recipient files a petition for judi-
cial review, the fiscal year in which final judi-
cial action under section 1234g of this title is
taken.
(d) Publication in Federal Register of notice of
intent to enter into repayment arrangement
At least 30 days prior to entering into an ar-
rangement under this section, the Secretary
shall publish in the Federal Register a notice
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1234i
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.