20 U.S.C. § 1232i : US Code - Section 1232I: Limitations on withholding of Federal assistance

Search 20 U.S.C. § 1232i : US Code - Section 1232I: Limitations on withholding of Federal assistance

(a) Refusal to supply personal data on students or families
Except as provided in section 1232g(b)(1)(D) of this title, the
refusal of a State or local educational agency or institution of
higher education, community college, school, agency offering a
preschool program, or other educational institution to provide
personally identifiable data on students or their families, as a
part of any applicable program, to any Federal office, agency,
department, or other third party, on the grounds that it
constitutes a violation of the right to privacy and confidentiality
of students or their parents, shall not constitute sufficient
grounds for the suspension or termination of Federal assistance.
Such a refusal shall also not constitute sufficient grounds for a
denial of, a refusal to consider, or a delay in the consideration
of, funding for such a recipient in succeeding fiscal years. In the
case of any dispute arising under this section, reasonable notice
and opportunity for a hearing shall be afforded the applicant.
(b) Noncompliance with nondiscrimination provisions of Federal law
The extension of Federal financial assistance to a local
educational agency may not be limited, deferred, or terminated by
the Secretary on the ground of noncompliance with title VI of the
Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] or any other
nondiscrimination provision of Federal law unless such agency is
accorded the right of due process of law, which shall include -
(1) at least 30 days prior written notice of deferral to the
agency, setting forth the particular program or programs which
the Secretary finds to be operated in noncompliance with a
specific provision of Federal law;
(2) the opportunity for a hearing on the record before a duly
appointed administrative law judge within a 60-day period (unless
such period is extended by mutual consent of the Secretary and
such agency) from the commencement of any deferral;
(3) the conclusion of such hearing and the rendering of a
decision on the merits by the administrative law judge within a
period not to exceed 90 days from the commencement of such
hearing, unless the judge finds by a decision that such hearing
cannot be concluded or such decision cannot be rendered within
such period, in which case such judge may extend such period for
not to exceed 60 additional days;
(4) the limitation of any deferral of Federal financial
assistance which may be imposed by the Secretary to a period not
to exceed 15 days after the rendering of such decision unless
there has been an express finding on such record that such agency
has failed to comply with any such nondiscrimination provision of
Federal law; and
(5) procedures, which shall be established by the Secretary, to
ensure the availability of sufficient funds, without regard to
any fiscal year limitations, to comply with the decision of such
judge.
(c) Failure to comply with imposition of quotas
It shall be unlawful for the Secretary to defer or limit any
Federal financial assistance on the basis of any failure to comply
with the imposition of quotas (or any other numerical requirements
which have the effect of imposing quotas) on the student admission
practices of an institution of higher education or community
college receiving Federal financial assistance.