§ 300.222 LEA and State agency compliance.

Plain English summary

This section establishes the SEA's authority to reduce or withhold payments from an LEA or State agency that fails to comply with eligibility requirements (§§ 300.201–300.213), after providing reasonable notice and a hearing opportunity. Agencies receiving such notice must inform the public within their jurisdiction through public notice. SEAs must also consider any adverse due process hearing decisions against the LEA or State agency when carrying out these compliance responsibilities.

Key requirements

• If the SEA, after reasonable notice and an opportunity for a hearing, finds that an LEA or State agency is failing to comply with any requirement described in §§ 300.201 through 300.213, the SEA must reduce or must not provide any further payments to the LEA or State agency until the SEA is satisfied that the LEA or State agency is complying with that requirement.
• Any State agency or LEA in receipt of a notice described in paragraph (a) of this section must, by means of public notice, take the measures necessary to bring the pendency of an action pursuant to this section to the attention of the public within the jurisdiction of the agency.
• In carrying out its responsibilities under this section, each SEA must consider any decision resulting from a hearing held under §§ 300.511 through 300.533 that is adverse to the LEA or State agency involved in the decision.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• State agencies
• general public within agency jurisdiction

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.222