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20 U.S.C. § 1416 — Monitoring, technical assistance, and enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal and State monitoring**
(1) **In general** — The Secretary shall—
(A) monitor implementation of this subchapter through—
(i) oversight of the exercise of general supervision by the States, as required in [section 1412(a)(11) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/11&num=0&edition=prelim); and
(ii) the State performance plans, described in subsection (b);
(B) enforce this subchapter in accordance with subsection (e); and
(C) require States to—
(i) monitor implementation of this subchapter by local educational agencies; and
(ii) enforce this subchapter in accordance with paragraph (3) and subsection (e).
(2) **Focused monitoring** — The primary focus of Federal and State monitoring activities described in paragraph (1) shall be on—
(A) improving educational results and functional outcomes for all children with disabilities; and
(B) ensuring that States meet the program requirements under this subchapter, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
(3) **Monitoring priorities** — The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the State (except the State exercise of general supervisory responsibility), using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas:
(A) Provision of a free appropriate public education in the least restrictive environment.
(B) State exercise of general supervisory authority, including child find, effective monitoring, the use of reso
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Source location: Title 20, Chapter 33, § 1416; chapter-033-education-of-individuals-with-disabilities.md
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**(a) Federal and State monitoring**
(1) **In general** — The Secretary shall—
(A) monitor implementation of this subchapter through—
(i) oversight of the exercise of general supervision by the States, as required in [section 1412(a)(11) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/11&num=0&edition=prelim); and
(ii) the State performance plans, described in subsection (b);
(B) enforce this subchapter in accordance with subsection (e); and
(C) require States to—
(i) monitor implementation of this subchapter by local educational agencies; and
(ii) enforce this subchapter in accordance with paragraph (3) and subsection (e).
(2) **Focused monitoring** — The primary focus of Federal and State monitoring activities described in paragraph (1) shall be on—
(A) improving educational results and functional outcomes for all children with disabilities; and
(B) ensuring that States meet the program requirements under this subchapter, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
(3) **Monitoring priorities** — The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the State (except the State exercise of general supervisory responsibility), using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas:
(A) Provision of a free appropriate public education in the least restrictive environment.
(B) State exercise of general supervisory authority, including child find, effective monitoring, the use of resolution sessions, mediation, voluntary binding arbitration, and a system of transition services as defined in sections 1401(34) and 1437(a)(9) of this title.
(C) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.
(4) **Permissive areas of review** — The Secretary shall consider other relevant information and data, including data provided by States under [section 1418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1418&num=0&edition=prelim).
**(b) State performance plans**
(1) **Plan**
(A) *In general* — Not later than 1 year after December 3, 2004, each State shall have in place a performance plan that evaluates that State’s efforts to implement the requirements and purposes of this subchapter and describes how the State will improve such implementation.
(B) *Submission for approval* — Each State shall submit the State’s performance plan to the Secretary for approval in accordance with the approval process described in subsection (c).
(C) *Review* — Each State shall review its State performance plan at least once every 6 years and submit any amendments to the Secretary.
(2) **Targets**
(A) *In general* — As a part of the State performance plan described under paragraph (1), each State shall establish measurable and rigorous targets for the indicators established under the priority areas described in subsection (a)(3).
(B) *Data collection*
(i) *In general* — Each State shall collect valid and reliable information as needed to report annually to the Secretary on the priority areas described in subsection (a)(3).
(ii) *Rule of construction* — Nothing in this chapter shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this subchapter.
(C) *Public reporting and privacy*
(i) *In general* — The State shall use the targets established in the plan and priority areas described in subsection (a)(3) to analyze the performance of each local educational agency in the State in implementing this subchapter.
(ii) *Report*
(I) *Public report* — The State shall report annually to the public on the performance of each local educational agency located in the State on the targets in the State’s performance plan. The State shall make the State’s performance plan available through public means, including by posting on the website of the State educational agency, distribution to the media, and distribution through public agencies.
(II) *State performance report* — The State shall report annually to the Secretary on the performance of the State under the State’s performance plan.
(iii) *Privacy* — The State shall not report to the public or the Secretary any information on performance that would result in the disclosure of personally identifiable information about individual children or where the available data is insufficient to yield statistically reliable information.
**(c) Approval process**
(1) **Deemed approval** — The Secretary shall review (including the specific provisions described in subsection (b)) each performance plan submitted by a State pursuant to subsection (b)(1)(B) and the plan shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan does not meet the requirements of this section, including the specific provisions described in subsection (b).
(2) **Disapproval** — The Secretary shall not finally disapprove a performance plan, except after giving the State notice and an opportunity for a hearing.
(3) **Notification** — If the Secretary finds that the plan does not meet the requirements, in whole or in part, of this section, the Secretary shall—
(A) give the State notice and an opportunity for a hearing; and
(B) notify the State of the finding, and in such notification shall—
(i) cite the specific provisions in the plan that do not meet the requirements; and
(ii) request additional information, only as to the provisions not meeting the requirements, needed for the plan to meet the requirements of this section.
(4) **Response** — If the State responds to the Secretary’s notification described in paragraph (3)(B) during the 30-day period beginning on the date on which the State received the notification, and resubmits the plan with the requested information described in paragraph (3)(B)(ii), the Secretary shall approve or disapprove such plan prior to the later of—
(A) the expiration of the 30-day period beginning on the date on which the plan is resubmitted; or
(B) the expiration of the 120-day period described in paragraph (1).
(5) **Failure to respond** — If the State does not respond to the Secretary’s notification described in paragraph (3)(B) during the 30-day period beginning on the date on which the State received the notification, such plan shall be deemed to be disapproved.
**(d) Secretary’s review and determination**
(1) **Review** — The Secretary shall annually review the State performance report submitted pursuant to subsection (b)(2)(C)(ii)(II) in accordance with this section.
(2) **Determination**
(A) *In general* — Based on the information provided by the State in the State performance report, information obtained through monitoring visits, and any other public information made available, the Secretary shall determine if the State—
(i) meets the requirements and purposes of this subchapter;
(ii) needs assistance in implementing the requirements of this subchapter;
(iii) needs intervention in implementing the requirements of this subchapter; or
(iv) needs substantial intervention in implementing the requirements of this subchapter.
(B) *Notice and opportunity for a hearing* — For determinations made under clause (iii) or (iv) of subparagraph (A), the Secretary shall provide reasonable notice and an opportunity for a hearing on such determination.
**(e) Enforcement**
(1) **Needs assistance** — If the Secretary determines, for 2 consecutive years, that a State needs assistance under subsection (d)(2)(A)(ii) in implementing the requirements of this subchapter, the Secretary shall take 1 or more of the following actions:
(A) Advise the State of available sources of technical assistance that may help the State address the areas in which the State needs assistance, which may include assistance from the Office of Special Education Programs, other offices of the Department of Education, other Federal agencies, technical assistance providers approved by the Secretary, and other federally funded nonprofit agencies, and require the State to work with appropriate entities. Such technical assistance may include—
(i) the provision of advice by experts to address the areas in which the State needs assistance, including explicit plans for addressing the area for concern within a specified period of time;
(ii) assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research;
(iii) designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and
(iv) devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance supported under subchapter IV, and private providers of scientifically based technical assistance.
(B) Direct the use of State-level funds under [section 1411(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411/e&num=0&edition=prelim) on the area or areas in which the State needs assistance.
(C) Identify the State as a high-risk grantee and impose special conditions on the State’s grant under this subchapter.
(2) **Needs intervention** — If the Secretary determines, for 3 or more consecutive years, that a State needs intervention under subsection (d)(2)(A)(iii) in implementing the requirements of this subchapter, the following shall apply:
(A) The Secretary may take any of the actions described in paragraph (1).
(B) The Secretary shall take 1 or more of the following actions:
(i) Require the State to prepare a corrective action plan or improvement plan if the Secretary determines that the State should be able to correct the problem within 1 year.
(ii) Require the State to enter into a compliance agreement under section 457 of the General Education Provisions Act [[20 U.S.C. 1234f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234f&num=0&edition=prelim)], if the Secretary has reason to believe that the State cannot correct the problem within 1 year.
(iii) For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the State’s funds under [section 1411(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411/e&num=0&edition=prelim), until the Secretary determines the State has sufficiently addressed the areas in which the State needs intervention.
(iv) Seek to recover funds under section 452 of the General Education Provisions Act [[20 U.S.C. 1234a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a&num=0&edition=prelim)].
(v) Withhold, in whole or in part, any further payments to the State under this subchapter pursuant to paragraph (5).
(vi) Refer the matter for appropriate enforcement action, which may include referral to the Department of Justice.
(3) **Needs substantial intervention** — Notwithstanding paragraph (1) or (2), at any time that the Secretary determines that a State needs substantial intervention in implementing the requirements of this subchapter or that there is a substantial failure to comply with any condition of a State educational agency’s or local educational agency’s eligibility under this subchapter, the Secretary shall take 1 or more of the following actions:
(A) Recover funds under section 452 of the General Education Provisions Act [[20 U.S.C. 1234a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a&num=0&edition=prelim)].
(B) Withhold, in whole or in part, any further payments to the State under this subchapter.
(C) Refer the case to the Office of the Inspector General at the Department of Education.
(D) Refer the matter for appropriate enforcement action, which may include referral to the Department of Justice.
(4) **Opportunity for hearing**
(A) *Withholding funds* — Prior to withholding any funds under this section, the Secretary shall provide reasonable notice and an opportunity for a hearing to the State educational agency involved.
(B) *Suspension* — Pending the outcome of any hearing to withhold payments under subsection (b), the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate funds under this subchapter, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate funds under this subchapter should not be suspended.
(5) **Report to Congress** — The Secretary shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate within 30 days of taking enforcement action pursuant to paragraph (1), (2), or (3), on the specific action taken and the reasons why enforcement action was taken.
(6) **Nature of withholding**
(A) *Limitation* — If the Secretary withholds further payments pursuant to paragraph (2) or (3), the Secretary may determine—
(i) that such withholding will be limited to programs or projects, or portions of programs or projects, that affected the Secretary’s determination under subsection (d)(2); or
(ii) that the State educational agency shall not make further payments under this subchapter to specified State agencies or local educational agencies that caused or were involved in the Secretary’s determination under subsection (d)(2).
(B) *Withholding until rectified* — Until the Secretary is satisfied that the condition that caused the initial withholding has been substantially rectified—
(i) payments to the State under this subchapter shall be withheld in whole or in part; and
(ii) payments by the State educational agency under this subchapter shall be limited to State agencies and local educational agencies whose actions did not cause or were not involved in the Secretary’s determination under subsection (d)(2), as the case may be.
(7) **Public attention** — Any State that has received notice under subsection (d)(2) shall, by means of a public notice, take such measures as may be necessary to bring the pendency of an action pursuant to this subsection to the attention of the public within the State.
(8) **Judicial review**
(A) *In general* — If any State is dissatisfied with the Secretary’s action with respect to the eligibility of the State under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim), such State may, not later than 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings upon which the Secretary’s action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(B) *Jurisdiction; review by United States Supreme Court* — Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
(C) *Standard of review* — The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall be conclusive if supported by substantial evidence.
**(f) State enforcement** If a State educational agency determines that a local educational agency is not meeting the requirements of this subchapter, including the targets in the State’s performance plan, the State educational agency shall prohibit the local educational agency from reducing the local educational agency’s maintenance of effort under [section 1413(a)(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1413/a/2/C&num=0&edition=prelim) for any fiscal year.
**(g) Rule of construction** Nothing in this section shall be construed to restrict the Secretary from utilizing any authority under the General Education Provisions Act [[20 U.S.C. 1221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1221&num=0&edition=prelim) et seq.] to monitor and enforce the requirements of this chapter.
**(h) Divided State agency responsibility** For purposes of this section, where responsibility for ensuring that the requirements of this subchapter are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons is assigned to a public agency other than the State educational agency pursuant to [section 1412(a)(11)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/11/C&num=0&edition=prelim), the Secretary, in instances where the Secretary finds that the failure to comply substantially with the provisions of this subchapter are related to a failure by the public agency, shall take appropriate corrective action to ensure compliance with this subchapter, except that—
(1) any reduction or withholding of payments to the State shall be proportionate to the total funds allotted under [section 1411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411&num=0&edition=prelim) to the State as the number of eligible children with disabilities in adult prisons under the supervision of the other public agency is proportionate to the number of eligible individuals with disabilities in the State under the supervision of the State educational agency; and
(2) any withholding of funds under paragraph (1) shall be limited to the specific agency responsible for the failure to comply with this subchapter.
**(i) Data capacity and technical assistance review** The Secretary shall—
(1) review the data collection and analysis capacity of States to ensure that data and information determined necessary for implementation of this section is collected, analyzed, and accurately reported to the Secretary; and
(2) provide technical assistance (from funds reserved under [section 1411(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411/c&num=0&edition=prelim)), where needed, to improve the capacity of States to meet the data collection requirements.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) In general** A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions:
(1) **Free appropriate public education**
(A) *In general* — A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.
(B) *Limitation* — The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children—
(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and
(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility—
(I) were not actually identified as being a child with a disability under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim); or
(II) did not have an individualized education program under this subchapter.
(C) *State flexibility* — A State that provides early intervention services in accordance with subchapter III to a child who is eligible for services under [section 1419 of this title](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1412
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants to States**
(1) **Purpose of grants** — The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Interior, to assist them to provide special education and related services to children with disabilities in accordance with this subchapter.
(2) **Maximum amount** — The maximum amount of the grant a State may receive under this section—
(A) for fiscal years 2005 and 2006 is—
(i) the number of children with disabilities in the State who are receiving special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and
(B) for fiscal year 2007 and subsequent fiscal years is—
(i) the number of children with disabilities in the 2004–2005 school year in the State who received special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by
(iii) the rate of annual change in the sum of—
(I) 85 percent of such State’s population described in subsection (d)(3)(A)(i)(II); and
(II) 15 percent of such State’s population described in subsection (d)
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed.
**(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
**(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if suppor
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1221
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each State that receives assistance under this subchapter, and the Secretary of the Interior, shall provide data each year to the Secretary of Education and the public on the following:
(1)
(A) The number and percentage of children with disabilities, by race, ethnicity, limited English proficiency status, gender, and disability category, who are in each of the following separate categories:
(i) Receiving a free appropriate public education.
(ii) Participating in regular education.
(iii) In separate classes, separate schools or facilities, or public or private residential facilities.
(iv) For each year of age from age 14 through 21, stopped receiving special education and related services because of program completion (including graduation with a regular secondary school diploma), or other reasons, and the reasons why those children stopped receiving special education and related services.
(v)
(I) Removed to an interim alternative educational setting under [section 1415(k)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415/k/1&num=0&edition=prelim).
(II) The acts or items precipitating those removals.
(III) The number of children with disabilities who are subject to long-term suspensions or expulsions.
(B) The number and percentage of children with disabilities, by race, gender, and ethnicity, who are receiving early intervention services.
(C) The number and percentage of children with disabilities, by race, gender, and ethnicity, who, from birth through age 2, stopped receiving early intervention services because of program completion or for other reasons.
(D) The incidence and duration of disciplinary actions by race, ethnicity, limited English
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1418
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A local educational agency is eligible for assistance under this subchapter for a fiscal year if such agency submits a plan that provides assurances to the State educational agency that the local educational agency meets each of the following conditions:
(1) **Consistency with State policies** — The local educational agency, in providing for the education of children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with the State policies and procedures established under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim).
(2) **Use of amounts**
(A) *In general* — Amounts provided to the local educational agency under this subchapter shall be expended in accordance with the applicable provisions of this subchapter and—
(i) shall be used only to pay the excess costs of providing special education and related services to children with disabilities;
(ii) shall be used to supplement State, local, and other Federal funds and not to supplant such funds; and
(iii) shall not be used, except as provided in subparagraphs (B) and (C), to reduce the level of expenditures for the education of children with disabilities made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year.
(B) *Exception* — Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures where such reduction is attributable to—
(i) the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel;
(ii) a decrease in the enrollment of children with disabili
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1413
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Federal law — U.S. Code and appendices · legal_authorities
Page 880
TITLE 20—EDUCATION
§ 1221
Sec.
1232d.
Single State application.
1232e.
Single local educational agency applica-
tion.
PART 4—RECORDS; PRIVACY; LIMITATION ON
WITHHOLDING FEDERAL FUNDS
1232f.
Records.
1232g.
Family educational and privacy rights.
1232h.
Protection of pupil rights.
1232i.
Limitations on withholding of Federal
assistance.
1232j.
Prohibition on federally sponsored test-
ing.
SUBCHAPTER IV—ENFORCEMENT
1234.
Office of Administrative Law Judges.
1234a.
Recovery of funds.
1234b.
Measure of recovery.
1234c.
Remedies for existing violations.
1234d.
Withholding.
1234e.
Cease and desist orders.
1234f.
Compliance agreements.
1234g.
Judicial review.
1234h.
Use of recovered funds.
1234i.
Definitions.
SUBCHAPTER V—READY TO LEARN TELEVISION
1235 to 1235g. Repealed.
Editorial Notes
CODIFICATION
Pub. L. 91–230, title IV, § 401(a)(1), Apr. 13, 1970, 84
Stat. 164, substituted as chapter heading ‘‘GENERAL
PROVISIONS CONCERNING EDUCATION’’ for ‘‘LEAD-
TIME AND PLANNING AND EVALUATION IN ELE-
MENTARY AND SECONDARY EDUCATION PRO-
GRAMS’’.
§ 1221. Short title; applicability; definitions
(a) Short title
This chapter may be cited as the ‘‘General
Education Provisions Act’’.
(b) Applicability of chapter
(1) Except as otherwise provided, this chapter
applies to each applicable program of the De-
partment of Education.
(2) Except as otherwise provided, this chapter
does not apply to any contract made by the De-
partment of Education.
(c) Definitions
As used in this chapter, the following terms
have the following meanings:
(1) The term ‘‘applicable program’’ means
any program for which the Secretary or the
Department has administrative responsibility
as provided by law or by delegation of author-
ity pursuant to law.
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1221
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1221. This identifies an authority to review, not proof of applicability.