34 C.F.R. § 222.116   How are withholding procedures initiated under this subpart?


Title 34 - Education


Title 34: Education
PART 222—IMPACT AID PROGRAMS
Subpart G—Special Provisions for Local Educational Agencies That Claim Children Residing on Indian Lands
Withholding and Related Procedures for Indian Policies and Procedures

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§ 222.116   How are withholding procedures initiated under this subpart?

(a) If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the LEA's payments.

(b) In the written notice, the Assistant Secretary—

(1) Describes how the LEA failed to comply with the requirements at issue; and

(2)(i) Advises an LEA that has participated in an IPP hearing that it may request, in accordance with §222.117(c), that its payments not be withheld; or

(ii) Advises an LEA that has not participated in an IPP hearing that it may request a withholding hearing in accordance with §222.117(d).

(c) The Assistant Secretary sends a copy of the written notice of intent to withhold payments to the LEA and the affected Indian tribe or tribes by certified mail with return receipt requested.

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

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