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20 U.S.C. § 1234g — Remedies for existing violations
Federal law — U.S. Code and appendices · legal_authorities
**(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).
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Stable record: federal_law:legal_authorities:record_usc_ff194516eb4695150e51438c
Source file: Laws/federal/codes/united-states-code/title-20/section-1234g-remedies-for-existing-violations--84b0828e4d.md
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Source location: Title 20, Chapter 31, § 1234g; chapter-031-general-provisions-concerning-education.md
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**(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).
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Federal law — U.S. Code and appendices · legal_authorities
**(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 co
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234d
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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) 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
**(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
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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) Repayment to recipient; factors considered** Whenever the Secretary recovers funds paid to a recipient under a grant or cooperative agreement made under an applicable program because the recipient made an expenditure of funds that was not allowable, or otherwise failed to discharge its responsibility to account properly for funds, the Secretary may consider those funds to be additional funds available for that program and may arrange to repay to the recipient affected by that action an amount not to exceed 75 percent of the recovered funds if the Secretary determines that—
(1) the practices or procedures of the recipient that resulted in the violation of law have been corrected, and that the recipient is in all other respects in compliance with the requirements of that program, provided that the recipient was notified of any noncompliance with such requirements and given a reasonable period of time to remedy such noncompliance;
(2) the recipient has submitted to the Secretary a plan for the use of those funds pursuant 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 programs, including—
(1) the submission of periodic reports on the use of funds provided under this section; and
(2) consultation by the recipient with students, parents, or rep
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1221–1
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 923
TITLE 20—EDUCATION
§ 1234h
(b) Procedures applicable
(1) Before entering into a compliance agree-
ment with a recipient, the Secretary shall hold
a hearing at which the recipient, affected stu-
dents and parents or their representatives, and
other interested parties are invited to partici-
pate. The recipient shall have the burden of per-
suading the Secretary that full compliance with
the applicable requirements of law is not fea-
sible until a future date.
(2) If the Secretary determines, on the basis of
all the evidence presented, that full compliance
is genuinely not feasible until a future date, the
Secretary shall make written findings to that
effect and shall publish those findings, along
with the substance of any compliance agree-
ment, in the Federal Register.
(c) Contents
A compliance agreement under this section
shall contain—
(1) an expiration date not later than 3 years
from the date of the written findings under
subsection (b)(2), by which the recipient shall
be in full compliance with the applicable re-
quirements of law, and
(2) those terms and conditions with which
the recipient must comply until it is in full
compliance.
(d) Failure of recipient to comply with terms and
conditions
If a recipient fails to comply with the terms
and conditions of a compliance agreement under
this section, the Secretary may consider that
compliance agreement to be no longer in effect,
and the Secretary may take any action author-
ized by law with respect to the recipient.
(Pub. L. 90–247, title IV, § 457, as added Pub. L.
100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat.
355.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 180 days after Apr. 28, 1988, but not
applicable to recipients receiving writ
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1234g
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