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20 U.S.C. § 1231f — Repealed. Pub. L. 103–382, title II,
Federal law — U.S. Code and appendices · legal_authorities
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 Repealed.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
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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, insofar as is practicable,
establish uniform dates during the year for the
submission of applications under all applicable
programs and for the approval of such applica-
tions.
(c) Development of common applications
The Secretary shall, insofar as is practicable,
develop and require the use of—
(1) a common application for grants to local
educational agencies in applicable programs
administered by State educational agencies in
which the funds are distributed to such local
agencies pursuant to some objective formula,
and such application shall be used as the sin-
gle application for as many of these programs
as is practicable;
(2) a common application for grants to local
educational agencies in applicable programs
administered by State educational agencies in
which the funds are distributed to such local
agencies on a competitive or discretionary
basis, and such application shall be used as the
single application for as many of such pro-
grams as is practicable; and
(3) a common application for grants to local
educational agencies in applicable programs
which are directly administered by the Sec-
retary, and such application shall be used as
the single application for as many of these
programs as is practicable.
(Pub. L. 90–247, title IV, § 436, formerly § 430, as
added Pub. L. 95–561, title XII, § 1213, Nov. 1, 1978,
92 Stat. 2342; renumbered § 436 and amended Pub.
L. 103–382, title II, §§ 212(b)(1), 246, Oct. 20, 1994,
108 Stat. 3913, 3923.)
Editorial Notes
PRIOR PROVISIONS
A prior section 436 of Pub. L. 90–247 was renumbered
section 442, and is classified to section 1232e of this
title.
Another prior section 436 of Pub. L. 90–247 was classi-
fied to section 1232e of this title prior to repeal by Pub.
L. 95–561.
Another prior section 436 of Pub. L. 90–247 was renum-
bered section 446, and was classified to section 1233e of
this title prior to repeal by Pub. L. 103–382.
AMENDMENTS
1994—Pub. L. 103–382, § 246(2), substituted ‘‘Secretary’’
for ‘‘Commissioner’’ wherever appearing.
Subsec. (a). Pub. L. 103–382, § 246(1), substituted ‘‘for
more than one fiscal year’’ for ‘‘for three fiscal years’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1978, see section 1530(a) of
Pub. L. 95–561, set out as an Effective Date of 1978
Amendment note under section 1221e–3 of this title.
§ 1232. Regulations
(a) ‘‘Regulation’’ defined
For the purpose of this section, the term ‘‘reg-
ulation’’ means any generally applicable rule,
regulation, guideline, interpretation, or other
requirement that—
(1) is prescribed by the Secretary or the De-
partment; and
(2) has legally binding effect in connection
with, or affecting, the provision of financial
assistance under any applicable program.
(b) Citation of authority
Regulations shall contain, immediately fol-
lowing each substantive provision of such regu-
lations, citations to the particular section or
sections of statutory law or other legal author-
ity on which such provision is based.
(c) Uniform application
All regulations shall be uniformly applied and
enforced throughout the 50 States.
(d) Application of exemption
The exemption for public property, loans,
grants and benefits in section 553(a)(2) of title 5
shall apply only to regulations—
(1) that govern the first grant competition
under a new or substantially revised program
authority as determined by the Secretary; or
(2) where the Secretary determines that the
requirements of this subsection will cause ex-
treme hardship to the intended beneficiaries of
the program affected by such regulations.
(e) Schedule for promulgation of final regula-
tions
Not later than 60 days after the date of enact-
ment of any Act, or any portion of any Act, af-
fecting the administration of any applicable pro-
gram, the Secretary shall submit to the Com-
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1231f
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