§ 300.179 Notice and hearing before determining that a State is not eligible to receive a grant.

Plain English summary

Before making a final determination that a State is ineligible to receive Part B grant funding, the Secretary must provide the State with reasonable written notice (sent by certified mail with return receipt) and an opportunity for a hearing. The written notice must explain the basis for the proposed ineligibility determination, may offer possible resolution options, and must inform the SEA of its right to request a hearing within 30 days of receiving the notice.

Key requirements

• The Secretary does not make a final determination that a State is not eligible to receive a grant under Part B of the Act until providing the State with reasonable notice and an opportunity for a hearing.
• The Secretary sends a written notice to the SEA by certified mail with return receipt requested.
• The notice states the basis on which the Secretary proposes to make a final determination that the State is not eligible.
• The notice may describe possible options for resolving the issues.
• The notice advises the SEA that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible.
• The notice provides the SEA with information about the hearing procedures that will be followed.

Affected parties

• Secretary of Education
• State Educational Agency (SEA)
• State

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.179