[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1234f]
TITLE 20--EDUCATION
CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
SUBCHAPTER IV--ENFORCEMENT
Sec. 1234f. Compliance agreements
(a) Discretionary authority; purposes of agreement
In accordance with section 1234c of this title, the Secretary may
enter into a compliance agreement with a recipient under an applicable
program. The purpose of any compliance agreement under this section
shall be to bring the recipient into full compliance with the applicable
requirements of law as soon as feasible and not to excuse or remedy past
violations of such requirements.
(b) Procedures applicable
(1) Before entering into a compliance agreement with a recipient,
the Secretary shall hold a hearing at which the recipient, affected
students and parents or their representatives, and other interested
parties are invited to participate. The recipient shall have the burden
of persuading the Secretary that full compliance with the applicable
requirements of law is not feasible 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
agreement, 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) of this section, by
which the recipient shall be in full compliance with the applicable
requirements 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compliance agreement to be no longer in effect, and the Secretary may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 authorized by law with respect to the recipient.
(Pub. L. 90-247, title IV, Sec. 457, as added Pub. L. 100-297, title
III, Sec. 35
