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Code of Federal Regulations Title 34. Education § 34.222.116 How are withholding procedures initiated under this subpart?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the LEA's payments.

(b) In the written notice, the Assistant Secretary—

(1) Describes how the LEA failed to comply with the requirements at issue;  and

(2)(i) Advises an LEA that has participated in an IPP hearing that it may request, in accordance with § 222.117(c), that its payments not be withheld;  or

(ii) Advises an LEA that has not participated in an IPP hearing that it may request a withholding hearing in accordance with § 222.117(d).

(c) The Assistant Secretary sends a copy of the written notice of intent to withhold payments to the LEA and the affected Indian tribe or tribes by certified mail with return receipt requested.

(Authority:  20 U.S.C. 7704 (a), (b), (d)(2), and (e) (8)–(9))

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Cite this article: FindLaw.com - Code of Federal Regulations Title 34. Education § 34.222.116 How are withholding procedures initiated under this subpart? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-34-education/cfr-sect-34-222-116/

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