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 actions cause or are involved in the failure to meet program requirements. (b) Payments withheld under paragraph (a) of this section, will not be re sumed 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. 50-130 0-91-7 (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 601 602 603 604 607 608 609 612 614 617 619 624 625 626 627 628 629 630 631 632 Institutional eligibility under the Higher Educa- ... Federal-State relationship agreements Strengthening historically Black colleges and uni- Strengthening historically Black graduate institu- tions program..... Drug prevention programs in higher education...... Financial assistance for construction, reconstruc- Special needs program.... Challenge grant program......... Endowment challenge grant program .......................... Fund for the improvement of postsecondary edu- cation....... Cooperative education program-general........... projects.................. ............................................................................ 633 Cooperative education program-demonstration projects Page 190 203 205 210 213 215 225 231 234 239 251 274 283 292 297 301 304 313 317 322 326 330 635 Cooperative education program-training and re- 333 636 Supplemental funds program for cooperative edu- 335 637 Minority science improvement program 338 639 642 Law school clinical experience program............................................... 343 leadership personnel... 346 651 653 654 655 656 Training in the legal profession.... National resource centers program for foreign lan- 391 393 401 405 Undergraduate international studies and foreign The international research and studies program.... 426 432 437 ........ 665 Higher education programs in modern foreign lan- Part Page 674 Perkins loan program ....... 540 675 College work-study and job location and develop- 593 CROSS-REFERENCE: Regulations for State Grants for Strengthening the Skills of Teachers and Instruction in Mathematics, Science, Foreign Languages, and Computer Learning and for Increasing the Access of all Students to That Instruction, 34 CFR Part 208. |
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