Notes on general provisions concerning education : US Code - Notes

Search Notes on general provisions concerning education : US Code - Notes

Sec.
1221. Short title; applicability; definitions.
(a) Short title.
(b) Applicability of chapter.
(c) Definitions.
(d) Application of other laws unaffected.
1221-1. National policy with respect to equal educational
opportunity.
1221-2. National policy with respect to museums as
educational institutions.
1221-3. Repealed.

SUBCHAPTER I - FUNCTIONS OF DEPARTMENT OF EDUCATION
1221a to 1221e-1c. Repealed.
1221e-1d. Use of Council staff and facilities.
1221e-2. Repealed.
1221e-3. General authority of Secretary.
1221e-4. Educational impact statement.
1221f to
1221i. Repealed.
1221j. Television program assistance.
(a) Granting and contracting authority.
(b) Administration and studies.

SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS

PART 1 - APPROPRIATIONS
1222. Repealed.
1223. Forward funding.
1224. Repealed.
1225. Availability of appropriations on academic or
school-year basis; additional period for
obligation of funds.
(a) Academic or differing fiscal year.
(b) Succeeding fiscal year.
(c) Institution of judicial proceedings.
1226. Repealed.
1226a. Contingent extension of programs.
(a) Automatic extension.
(b) Amount of appropriation.
(c) Acts and determinations necessary for
program continuation.
(d) Application to commissions, councils, and
committees required by law to terminate.
1226a-1. Payments; installments, advances or reimbursement,
and adjustments.

PART 2 - PLANNING AND EVALUATION OF FEDERAL EDUCATION ACTIVITIES
1226b. Responsibility of States to furnish information.
(a) Biennial reports; contents.
(b) Additional contents.
(c) Delinquent or incomplete reports.
(d) Availability of information.
(e) Congressional telecommunications network.
(f) Reports by Secretary.
1226c. Biennial evaluation report.
1226c-1. Availability of education reports, etc., to
Congressional committees.
1226d, 1227.Repealed.
1228. Prohibition against use of appropriated funds for
busing.
1228a. Equity for students, teachers, and other program
beneficiaries.
(a) Purpose.
(b) Requirement to develop steps to ensure
equity.
(c) Establishment of criteria.
(d) Effect on other laws.
1228b. Coordination.
1228c. Disclosure requirements.
(a) In general.
(b) Nondiscriminatory enrollment and service
policy.
(c) Enforcement.
(d) Definitions.

SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING
OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL
AUTHORITY OF SECRETARY
1230. Repealed.

PART 1 - GENERAL AUTHORITY
1231. Joint funding of programs.
(a) Joint projects; transfers of appropriations;
contracts or grants; criteria.
(b) Joint applications.
(c) Limitations on joint funding.
(d) Congressional notice.
1231a. Collection and dissemination of information.
1231b,
1231b-1. Repealed.
1231b-2. Review of applications.
(a) Persons aggrieved; final State educational
agency actions; hearing; ruling and reasons
for ruling; rescission of final actions.
(b) Appeals to Secretary; persons aggrieved;
notice; orders prescribing appropriate
agency actions; finality of agency fact
findings; interim orders pending appeal or
review.
(c) Records; availability.
(d) Termination of assistance for noncompliance
with provisions or orders.
1231c. Advice, counsel, and technical assistance.
(a) State educational agencies, institutions of
higher education.
(b) Cost allocation, collection, etc., by local
educational agencies.
(c) Dissemination.
(d) Annual report by Secretary.
1231c-1. Repealed.
1231d. Parental involvement and dissemination.
1231e. Use of funds withheld.
1231f. Repealed.

PART 2 - ADMINISTRATION: REQUIREMENTS AND LIMITATIONS
1231g. Applications.
(a) Submission and amendments of applications.
(b) Uniform dates.
(c) Development of common applications.
1232. Regulations.
(a) "Regulation" defined.
(b) Citation of authority.
(c) Uniform application.
(d) Application of exemption.
(e) Schedule for promulgation of final
regulations.
(f) Transmittal of final regulations.
1232-1. Repealed.
1232a. Prohibition against Federal control of education.
1232b. Labor standards.

PART 3 - ADMINISTRATION OF EDUCATION PROGRAMS AND PROJECTS BY
STATES AND LOCAL EDUCATIONAL AGENCIES
1232c. State agency monitoring and enforcement.
(a) State plan.
(b) State enforcement of Federal requirements.
(c) Withholding of payments.
1232d. Single State application.
(a) Submission of general application; approval
by State supervisory authority.
(b) Assurances.
(c) Effective term of general application.
1232e. Single local educational agency application.
(a) General application to State agency or
board.
(b) Assurances.
(c) Effective term of general application.

PART 4 - RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS
1232f. Records.
(a) Records kept by recipient; full disclosure;
maintenance period.
(b) Audit examination.
1232g. Family educational and privacy rights.
(a) Conditions for availability of funds to
educational agencies or institutions;
inspection and review of education records;
specific information to be made available;
procedure for access to education records;
reasonableness of time for such access;
hearings; written explanations by parents;
definitions.
(b) Release of education records; parental
consent requirement; exceptions; compliance
with judicial orders and subpoenas; audit
and evaluation of federally-supported
education programs; recordkeeping.
(c) Surveys or data-gathering activities;
regulations.
(d) Students' rather than parents' permission or
consent.
(e) Informing parents or students of rights
under this section.
(f) Enforcement; termination of assistance.
(g) Office and review board; creation;
functions.
(h) Disciplinary records; disclosure.
(i) Drug and alcohol violation disclosures.
(j) Investigation and prosecution of terrorism.
1232h. Protection of pupil rights.
(a) Inspection of instructional materials by
parents or guardians.
(b) Limits on survey, analysis, or evaluations.
(c) Development of local policies concerning
student privacy, parental access to
information, and administration of certain
physical examinations to minors.
(d) Notice.
(e) Enforcement.
(f) Office and review board.
1232i. Limitations on withholding of Federal assistance.
(a) Refusal to supply personal data on students
or families.
(b) Noncompliance with nondiscrimination
provisions of Federal law.
(c) Failure to comply with imposition of quotas.
1232j. Prohibition on federally sponsored testing.
(a) General prohibition.
(b) Exceptions.

SUBCHAPTER IV - ENFORCEMENT
1234. Office of Administrative Law Judges.
(a) Establishment; duties.
(b) Appointment.
(c) Employment requirements; chief judge.
(d) Assignment of judges.
(e) Review and evidentiary functions.
(f) Conduct of proceedings; costs and fees of
parties.
(g) Discovery; scope, time, etc.; issue and
enforcement of subpoenas.
(h) Mediation of disputes.
(i) Professional personnel; employment,
assignment, or transfer.
1234a. Recovery of funds.
(a) Preliminary departmental decision; grounds
of determination; notice requirements;
prima facie case; amount of funds
recoverable.
(b) Review of preliminary departmental decision;
form and contents of application for
review; inadequate preliminary decisions;
duties of recipient to subrecipients after
preliminary decision; burden of proof.
(c) Time for hearing.
(d) Review of findings of fact in preliminary
decision; conclusiveness; remand; new or
modified findings.
(e) Time for filing petition for review of
preliminary decision.
(f) Stay of collection or other adverse action
by Secretary against recipient.
(g) Preliminary decision as final agency action.
(h) Publication of decisions as final agency
actions.
(i) Collection amounts and procedures.
(j) Compromise of preliminary departmental
decisions; preconditions; notice
requirements.
(k) Limitation period respecting return of
funds.
(l) Foregoing of interest during period of
administrative review.
1234b. Measure of recovery.
(a) Amount returned proportionate to extent of
harm violation caused to an identifiable
Federal interest; reduction; determination
of identifiable Federal interest.
(b) Reduction or waiver of amount based on
mitigating circumstances; burden of proof;
determination of mitigating circumstances;
weight, etc., of written request for
guidance.
(c) Review of written requests for guidance on
periodic basis.
1234c. Remedies for existing violations.
1234d. Withholding.
(a) Discretionary authority over further
payments under applicable program.
(b) Notice requirements.
(c) Hearing.
(d) Suspension of payments, authorities, etc.
(e) Findings of fact.
(f) Final agency action.
1234e. Cease and desist orders.
(a) Issuance and contents of complaint.
(b) Appearance contesting order.
(c) Report; issuance of cease and desist order.
(d) Report and order as final agency action.
(e) Enforcement of final order.
1234f. Compliance agreements.
(a) Discretionary authority; purposes of
agreement.
(b) Procedures applicable.
(c) Contents.
(d) Failure of recipient to comply with terms
and conditions.
1234g. Judicial review.
(a) Recipients entitled to review; stay of
action by Secretary.
(b) Petition for review; filing of record.
(c) Findings of fact.
(d) Scope of review; review by Supreme Court.
1234h. Use of recovered funds.
(a) Repayment to recipient; factors considered.
(b) Terms and conditions of repayment.
(c) Availability of funds.
(d) Publication in Federal Register of notice of
intent to enter into repayment arrangement.
1234i. Definitions.

SUBCHAPTER V - READY TO LEARN TELEVISION
1235 to 1235g. Repealed.

AMENDMENTS
1970 - Pub. L. 91-230, title IV, Sec. 401(a)(1), Apr. 13, 1970,
84 Stat. 164, substituted as chapter heading "GENERAL PROVISIONS
CONCERNING EDUCATION" for "LEADTIME AND PLANNING AND EVALUATION IN
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS".