1. LawStack
  2. Title 34 - Education
  3. Subtitle B - Regulations of the Offices of the Department of Education
  4. Chapter II - Office of Elementary and Secondary Education, Department of Education
  5. Part 222 - Impact Aid Programs
  6. Subpart G - Special Provisions for Local Educational Agencies That Claim Children Residing on Indian Lands
  7. Subject Group - Withholding and Related Procedures for Indian Policies and Procedures
  8. 34 CFR § 222.115
34 CFR § 222.115
When does the Assistant Secretary withhold payments from a local educational agency under this subpart?
August 2, 2023
CFR

§ 222.115 When does the Assistant Secretary withhold payments from a local educational agency under this subpart?

Except as provided in § 222.120, the Assistant Secretary withholds payments to an LEA if—

(a) The Assistant Secretary determines it is necessary to enforce the requirements of section 8004 of the Act or this subpart; or

(b) After a hearing has been conducted under section 8004(e) of the Act and §§ 222.102–222.113 (IPP hearing)—

(1) The LEA rejects the final determination of the Assistant Secretary; or

(2) The LEA fails to implement the required remedy within the time established and the Assistant Secretary determines that the required remedy will not be undertaken by the LEA even if the LEA is granted a reasonable extension of time.

(Authority: 20 U.S.C. 7704 (a), (b), (d)(2), (e)(8)–(9))

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§ 222.114 How does the Assistant Secretary implement the provisions of this subpart?
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§ 222.116 How are withholding procedures initiated under this subpart?

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