Title 20 — Education
Part 1 · Chapter 31 — General Provisions Concerning Education
§ 1231e. Use of funds withheld
Statutory text
At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 794 of title 29, or the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.].
The Secretary may use any funds withheld under subsection (a)—
to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or
for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [42 U.S.C. 2000c–4], or for any other program administered by the Department that is designed to enhance equity in education or redress discrimination on the basis of race, color, national origin, sex, age, or disability.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Elementary and Secondary Education Amendments of 1967
Pub. L. 90–247 title IV § 435 · 81 Stat. 783
Enacted · 20 U.S.C. § 1231e
Pub. L. 90–247, title IV, § 435, formerly § 416, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 168
Source evidence
Code source credit
Pub. L. 90–247, title IV, § 435, formerly § 416, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 168Improving America’s Schools Act of 1994
Pub. L. 103–382 § 245 · 108 Stat. 3518
Amended · 20 U.S.C. § 1231e
Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. relating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964
Source evidence
Code amendment note
Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. relating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964.Enacted provision · exact public law section
SEC. 245. USE OF FUNDS WITHHELD. Section 435 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231e) is amended to read as follows: “Sec. 435. “use of funds withheld (a) At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, or the Age Discrimination Act of 1975. “(b) The Secretary may use any funds withheld under subsection (a)— “(1) to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or “(2) for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964, or for any other program administered by the Department that is designed to enhance equity in education or redress discrimination on the basis of race, color, national origin, sex, age, or disability.”.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (a), is Pub. L. 88–352, , 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
The Education Amendments of 1972, referred to in subsec. (a), is Pub. L. 92–318, , 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.
The Age Discrimination Act of 1975, referred to in subsec. (a), is title III of Pub. L. 94–135, , 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 42 and Tables.
Prior Provisions
A prior section 435 of Pub. L. 90–247 was renumbered section 441, and is classified to section 1232d of this title.
Another prior section 435 of Pub. L. 90–247 was renumbered section 423, and is classified to section 1226a–1 of this title.
Another prior section 435 of Pub. L. 90–247 was renumbered section 445, and is classified to section 1233d of this title prior to repeal by Pub. L. 103–382.
Amendments
1994—Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. relating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964.
Credits
1970–1994 · 4 acts
- 1970Pub. L. 90–247, title IV, § 435, formerly § 416, as added Pub. L. 91–230, title IV, § 401(a)(10), , 84 Stat. 168
- 1972renumbered § 426, Pub. L. 92–318, title III, § 301(a)(1), , 86 Stat. 326
- 1974renumbered § 428, Pub. L. 93–380, title V, § 508(a), , 88 Stat. 565
- 1994renumbered § 435 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 245, , 108 Stat. 3913, 3922.
Show as published
(Pub. L. 90–247, title IV, § 435, formerly § 416, as added Pub. L. 91–230, title IV, § 401(a)(10), , 84 Stat. 168; renumbered § 426, Pub. L. 92–318, title III, § 301(a)(1), , 86 Stat. 326; renumbered § 428, Pub. L. 93–380, title V, § 508(a), , 88 Stat. 565; renumbered § 435 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 245, , 108 Stat. 3913, 3922.)