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(Authority: 20 U.S.C. 3129(b))

8581.54 What notice does the Secretary give?

(a) Before taking any final action to implement a bypass, the Secretary provides the affected LEA, with written notice.

(b) In the written notice, the Secretary

(1) States the reason for the proposed bypass in sufficient detail to allow the LEA to respond;

(2) Cites the requirement with which the LEA allegedly failed to comply; and

(3) Advises the LEA that it has at least 45 days from receipt of the written notice to submit written objections to the proposed bypass and to request in writing the opportunity for a hearing to show cause why the bypass should not be implemented.

(c) The Secretary sends the notice to the LEA by certified mail with return receipt requested.

(Authority: 20 U.S.C. 3129(b))

§ 581.55 What bypass procedures does the Secretary follow?

Sections 581.56 through 581.58 contain the procedures that the Secretary uses in conducting a show cause hearing. These procedures may be modified by the hearing officer if all parties agree it is appropriate to modify them for a particular case. (Authority: 20 U.S.C. 3129(b))

§ 581.56 What are the functions of a hearing officer?

(a) If an LEA requests a show cause hearing, the Secretary appoints a hearing officer and notifies appropriate representatives of the affected private school children that they may participate in the hearing.

(b) The hearing officer has no authority to require or conduct discovery or to rule on the validity of any statute or regulation.

(c) The hearing officer notifies the LEA, representatives of the private school children and the Department of Education of the time and place of the hearing.

(Authority: 20 U.S.C. 3129(b))

§ 581.57 What are the hearing procedures?

(a) At the hearing a transcript is taken. The LEA and representatives of the private school children each may be represented by legal counsel, and each may submit oral or written evidence and arguments at the hearing.

(b) Within ten days after the hearing, the hearing officer indicates that a decision will be issued on the basis of the existing record, or requests further information from the LEA, representatives of the private school children, or Department of Education officials.

(Authority: 20 U.S.C. 3129(b))

§ 581.58 What are the post-hearing procedures?

(a) Within 120 days after the hearing record is closed, the hearing officer issues a written decision on whether the proposed bypass should be implemented. The hearing officer sends copies of the decision to the LEA, representatives of private school children, and the Secretary.

(b) The LEA and representatives of private school children each may submit written comments on the decision to the Secretary within thirty days from receipt of the hearing officer's decision.

(c) The Secretary may adopt, reverse, or modify the hearing officer's decision.

(Authority: 20 U.S.C. 3129(b))

Subpart G-What Compliance Procedures Are Used by the Department of Education?

§ 581.60 Under what conditions does the Secretary withhold funds?

(a) If the Secretary determines, after affording reasonable notice and opportunity for a hearing to an SEA, that the SEA has failed to meet the requirements of this program, the Secretary

(1) Notifies the SEA that further payments under this program will not be made to the SEA; or

(2) Notifies the SEA that it may not make further payments under this program to specified LEAS whose ac

tions cause or are involved in the failure to meet program requirements.

(b) Payments withheld under paragraph (a) of this section, will not be resumed until the Secretary is satisfied that there is no longer a failure to comply.

(c)(1) If the Secretary determines, after reasonable notice and opportunity for a hearing to an SEA, that any amount of a payment made to a State will not be used by the State for carrying out the purposes of this program, the Secretary makes that amount available to one or more other States to the extent that the Secretary determines that those States are able to use

additional funds for carrying out the purposes of the program.

(2) The Secretary considers any additional amount made available to an SEA under this provision from an appropriation for a fiscal year as part of that SEA's award for that fiscal year, but the additional amount remains available until the end of the succeeding fiscal year.

(d) The procedures in 34 CFR Part 78 (Education Appeal Board) governing the withholding of funds apply to any determinations made by the Secretary under paragraphs (a) and (c) of this section.

(Authority: 20 U.S.C. 3125, 3126 (b) and (c))

CHAPTER VI-OFFICE OF POSTSECONDARY

EDUCATION,

DEPARTMENT OF EDUCATION

Part 600

Page

Institutional eligibility under the Higher Educa-
tion Act of 1965, as amended ..........................

184

601

Eligibility of foreign medical schools under the
Guaranteed Student Loan Program (GSLP).

195

602

Secretary's procedures and criteria for recognition
of accrediting agencies......

198

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607

608

Strengthening institutions program .................
Strengthening historically Black colleges and uni-
versities program....................................

208

217

.....

609

Strengthening historically Black graduate institu-
tions program....

224

612

614

Drug prevention programs in higher education ......
College facilities loan program

227

232

617

619

624

625

Financial assistance for construction, reconstruc-
tion, or renovation of higher education facilities
Grants for construction, reconstruction, and ren-
ovation of graduate academic facilities..................
Institutional aid programs-general provisions
Strengthening program.........................................

244

267

276

285

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635

Cooperative education program-training and re-
source center projects....

326

636

Supplemental funds program for cooperative edu-
cation..............

328

637

639

Minority science improvement program
Law school clinical experience program..................................

330

335

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653

654

655

Paul Douglas teacher scholarship program
Robert C. Byrd honors scholarship program
International education programs-general provi-
sions...............

386

392

396

656

National resource centers program for foreign lan-
guage and area studies or foreign language and
international studies....

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The international research and studies program.
Business and international education program
Higher education programs in modern foreign lan-
guage training and area studies-doctoral disser-
tation research abroad fellowship program..........
Higher education programs in modern foreign lan-
guage training and area studies-faculty re-
search abroad fellowship program...............
Higher education programs in modern foreign lan-
guage training and area studies-group projects
abroad program ....

412

415

418

423

428

665

668

Higher education programs in modern foreign lan-
guage training and area studies-foreign cur-
riculum consultants program................................
Student assistance general provisions....

433

437

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