CHAPTER 31-GENERAL PROVISIONS CONCERNING EDUCATION
(a)
Short title.
(b)
Applicability of chapter.
(c)
Definitions.
(d)
Application of other laws unaffected.
SUBCHAPTER I-FUNCTIONS OF DEPARTMENT OF EDUCATION
(a)
Rules and regulations for agency operation; personnel; gifts; transactions; construction of facilities; acquisition and disposal of property; reimbursement of Federal agencies for use of services.
(b)
Qualifications of persons engaged in competitive review of grant applications.
(c)
Delegation of functions.
(d)
"Administrative head of an education agency" defined.
(a)
Granting and contracting authority.
(b)
Administration and studies.
SUBCHAPTER II-APPROPRIATIONS AND EVALUATIONS
Part 1-Appropriations
(a)
Academic or differing fiscal year.
(b)
Succeeding fiscal year.
(c)
Institution of judicial proceedings.
(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.
Part 2-Planning and Evaluation of Federal Education Activities
(a)
Biennial reports; contents.
(b)
Additional contents.
(c)
Delinquent or incomplete reports.
(d)
Availability of information.
(e)
Congressional telecommunications network.
(f)
Reports by Secretary.
(a)
Purpose.
(b)
Requirement to develop steps to ensure equity.
(c)
Establishment of criteria.
(d)
Effect on other laws.
(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
Part 1-General Authority
(a)
Joint projects; transfers of appropriations; contracts or grants; criteria.
(b)
Joint applications.
(c)
Limitations on joint funding.
(d)
Congressional notice.
(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.
(a)
State educational agencies, institutions of higher education.
(b)
Cost allocation, collection, etc., by local educational agencies.
(c)
Dissemination.
(d)
Annual report by Secretary.
Part 2-Administration: Requirements and Limitations
(a)
Submission and amendments of applications.
(b)
Uniform dates.
(c)
Development of common applications.
(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.
Part 3-Administration of Education Programs and Projects by States and Local Educational Agencies
(a)
State plan.
(b)
State enforcement of Federal requirements.
(c)
Withholding of payments.
(a)
Submission of general application; approval by State supervisory authority.
(b)
Assurances.
(c)
Effective term of general 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
(a)
Records kept by recipient; full disclosure; five-year maintenance period.
(b)
Audit examination.
(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.
(a)
Inspection of instructional materials by parents or guardians.
(b)
Limits on survey, analysis, or evaluations.
(c)
Notice.
(d)
Enforcement.
(e)
Office and review board.
(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.
(a)
General prohibition.
(b)
Exceptions.
SUBCHAPTER IV-ENFORCEMENT
(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.
(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.
(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.
(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.
(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.
(a)
Discretionary authority; purposes of agreement.
(b)
Procedures applicable.
(c)
Contents.
(d)
Failure of recipient to comply with terms and conditions.
(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.
(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.
SUBCHAPTER V-READY TO LEARN TELEVISION
(a)
In general.
(b)
Availability.
(a)
Awards.
(b)
Eligible entities.
(c)
Cultural experiences.
(a)
Annual report to Secretary.
(b)
Report to Congress.
(a)
In general.
(b)
Special projects.
Amendments
1970-
Chapter Referred to in Other Sections
This chapter is referred to in sections 1652, 3441, 3489, 6104, 6512, 8901 of this title; title 42 section 2473b.