34 C.F.R. § 300.605

Current through May 31, 2024
Section 300.605 - Withholding funds
(a)Opportunity for hearing. Prior to withholding any funds under Part B of the Act, the Secretary provides reasonable notice and an opportunity for a hearing to the SEA involved, pursuant to the procedures in §§ 300.180 through 300.183 .
(b)Suspension. Pending the outcome of any hearing to withhold payments under paragraph (a) of this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate funds under Part B of the Act, or both, after the recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate funds under Part B of the Act should not be suspended.
(c)Nature of withholding.
(1) If the Secretary determines that it is appropriate to withhold further payments under § 300.604(b)(2) or (c)(2) , the Secretary may determine-
(i) That the withholding will be limited to programs or projects, or portions of programs or projects, that affected the Secretary's determination under § 300.603(b)(1) ; or
(ii) That the SEA must not make further payments under Part B of the Act to specified State agencies or LEAs that caused or were involved in the Secretary's determination under § 300.603(b)(1) .
(2) Until the Secretary is satisfied that the condition that caused the initial withholding has been substantially rectified-
(i) Payments to the State under Part B of the Act must be withheld in whole or in part; and
(ii) Payments by the SEA under Part B of the Act must be limited to State agencies and LEAs whose actions did not cause or were not involved in the Secretary's determination under § 300.603(b)(1) , as the case may be.

34 C.F.R. §300.605

Authority: 20 U.S.C. 1416(e)(4), (e)(6)