§ 1232i. Limitations on withholding of Federal assistance

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.

1. 1974

   Elementary and Secondary Education Amendments of 1967

   Pub. L. 90–247 title IV § 446 · 81 Stat. 783

   Enacted · 20 U.S.C. § 1232i

   Pub. L. 90–247, title IV, § 446, formerly § 440, as added Pub. L. 93–380, title V, § 515(a), Aug. 21, 1974, 88 Stat. 574

   Source evidence

   Code source credit
   Pub. L. 90–247, title IV, § 446, formerly § 440, as added Pub. L. 93–380, title V, § 515(a), Aug. 21, 1974, 88 Stat. 574

2. 1976

   Education Amendments of 1976

   Pub. L. 94–482 title IV · 90 Stat. 2081

   1. Amended · 20 U.S.C. § 1232i

      Pub. L. 94–482 designated existing provisions as subsec. (a)

   2. Added · 20 U.S.C. § 1232i

      Pub. L. 94–482 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 94–482 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

   Enacted provision · exact public law
   TITLE IV— GENERAL EDUCATION PROVISIONS Sec. 401. survey of availability of qualified teachers (a) Section 406(b) of the General Education Provisions Act is amended by striking out “and” at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof “; and”, and by adding at the end thereof the following new subparagraph: (5) conduct a continuing survey of institutions of higher education and local educational agencies to determine the demand for, and the availability of, qualified teachers and administrative personnel, especially in critical areas within education which are developing or are likely to develop, and assess the extent to which programs administered in the Education Division are helping to meet the needs identified as a result of such continuing survey.”. (b) Section 406(d) (1) of the General Education Provisions Act is amended by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof “; and”, and by adding at the end thereof the following new subparagraph: “(D) clearly sets forth areas of critical need for additional qualified education personnel in local education agencies and, after discussion and review by the Advisory Council on Education Statistics, identifies priorities within projected areas of need, and includes recommendations of the Council with respect to the most effective manner in which the Nation and the Federal Government may address such needs.”. (c) Section 406(g) of the General Education Provisions Act is amended by striking out “for the fiscal year ending June 30, 1977” each time it appears and inserting in lieu thereof “for each of the fiscal years ending prior to October 1, 1978”. Sec. 402. extension of fund for improvement of postsecondary education (a) Section 404 of the General Education Provisions Act is amended by striking out “support for” in the heading of such section and inserting in lieu thereof “fund for the”. (b) Section 404(e) of the General Education Provisions Act is 20 USC 1221d. amended by striking out “for the fiscal year ending June 30, 1975” and inserting in lieu thereof “for each succeeding fiscal year ending prior to October 1, 1979”. Sec. 403. national institute of education (a) Section 405(b) (2) of the General Education Provisions Act is amended to read as follows: 20 USC 1221e. “(2) The Institute shall, in accordance with the provisions of this section, seek to improve education in the United States through concentrating the resources of the Institute on the following priority research and development needs— “(A) improvement in student achievement in the basic educational skills, including reading and mathematics; “(B) overcoming problems of finance, productivity, and management in educational institutions; “(C) improving the ability of schools to meet their responsibilities to provide equal educational opportunities for students of limited English-speaking ability, women, and students who are socially, economically, or educationally disadvantaged; “(D) preparation of youths and adults for entering and progressing in careers; and “(E) improved dissemination of the results of, and knowledge gained from, educational research and development, including assistance to educational agencies and institutions in the application of such results and knowledge.”. (b) (1) Section 405(c) (1) of the General Education Provisions Act is amended by striking out “Eight members” and inserting in lieu thereof “A majority of the members”, and by adding at the end thereof the following new sentence : “The members of the Council shall be appointed so that the Council shall be broadly representative of the general public; of the education professions, including practitioners and researchers; and of the various fields of education, including preschool, elementary and secondary, post secondary, continuing, vocational, special, and compensatory education.”, (2) Section 405(c) (2) of the General Education Provisions Act is amended by striking out “and” immediately before “(B)” in the first sentence and by inserting immediately before the period at the end of such sentence the following: “, and (C) the term of office of each member shall expire on September 30 of the year in which such term would otherwise expire, unless a successor to such member has not been appointed and confirmed by the Senate by such date, in which case such member shall continue to serve until a successor has been appointed and confirmed”. (3) Section 405(c) (3) of the General Education Provisions Act is amended by adding at the end thereof the following new sentence: “The Council may employ, without the approval of the Director, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, 5 USC 5101, 5331, 5332 note. not to exceed seven technical and professional employees, as the Council deems necessary to carry out its functions.”. (c) Section 405(e) of the General Education Provisions Act is amended by redesignating paragraphs (2) and (3) as paragraphs (4) end (5), respectively, and by inserting immediately after paragraph ( 1 ) the following new paragraphs : (1) Funds appropriated pursuant to subsection (b) for any fiscal year may be expended on projects and activities to disseminate (A) information on the results of educational research and development; and (B) other educational information. Projects and activities funded under this paragraph may include cooperative and jointly funded arrangements for such dissemination utilizing individuals who may be designated as ‘Education Extension Agents’. Employment opportunities at the local level which are generated and funded through projects and activities carried out under the preceding sentence of this paragraph shall be made available to residents of the area to be served, if any such residents are qualified for, and apply for, such employment. “(3) The Director may establish and maintain research fellowships in the Institute, with such stipends and allowances, including travel and subsistence expenses, as the Director may deem necessary to procure the assistance of highly qualified research fellows from the United States and abroad.”. (d) Section 405 of the General Education Provisions Act is amended by redesignating subsection (g) and subsection (h), and any reference thereto, as subsection (i) and subsection (j), respectively, and by inserting immediately after subsection (e) the following new subsections : “(f) (1) In carrying out the functions of the Institute under this section, the Director shall, in accordance with the provisions of this subsection, make grants to, and enter into contracts with— “(A) regional educational laboratories established by public agencies or private nonprofit organizations; and “(B) research and development centers established by institutions of higher education or by interstate agencies established by compact which operate subsidiary bodies established to conduct postsecondary educational research and development. “(2) No grants shall be made and no contract entered into under this subsection unless— “(A) proposals for assistance under this subsection are solicited from regional educational laboratories and research and development centers by the Director; “(B) proposals for such assistance are developed by the regional educational laboratories and the research and development centers in consultation with the Director; “(C) proposals are submitted in an application, containing or accompanied by such information as is essential to carry out the provisions of this section, including assurances that the laboratory or center involved will— “(i) be responsible for the conduct of the research and development activities; “(ii) prepare a long-range plan relating to the conduct of such research and development activities; “(iii) ensure that information developed as a result of such research and development activities, including new educational methods, practices, techniques, and products, be disseminated; “(iv) provide technical assistance to appropriate educational agencies and institutions; and “(v) to the extent practicable, provide training for individuals, emphasizing training opportunities for women and members of minority groups, in the use of new educational methods, practices, techniques, and products developed in connection with such activities; and “(D) the Director determines that the proposed activities will be consistent with the education research and development program and dissemination activities which are being conducted by the Institute. “(3) (A) The Director shall establish a Panel for the Review of Panel for the Review of Laboratory and Center Operations. Establishment. Laboratory and Center Operations composed of not less than 10 members nor more than 20 members who shall be appointed by the Director from written recommendations submitted by educational laboratories and research and development center’s which have submitted applications under the provisions of this subsection, and by associations of professional, commercial, scholarly, and educational associations, particularly associations or organizations engage in educational research. “(B) The Panel shall— “(i) review, and prepare recommendations on, initial long-range plans submitted under paragraph (2) (C) (ii); (ii) review the operation of the laboratories and centers receiving assistance under this subsection and make recommendations for the improvement and continuation of individual laboratories and centers and for the support of new laboratories and centers; and “(iii) not later than January 1, 1979, submit a final report to the Director and to the Congress containing such recommendations as the Panel considers appropriate and such interim reports as the Panel considers appropriate. “(C) Each member of the Panel who is not an officer or employee of the United States shall, while engaged in the business of the Panel, be entitled to receive compensation at not to exceed the daily rate specified at the time of such service for Grade GS–18 under section 5332 of title. 5, United States Code, including travel-time. While so serving on the business of the Panel away from his home or regular place of business, each such member shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons intermittently employed in the Government service. “(D) The Director, for the use of the Panel, and pursuant to the recommendations of the Panel, is authorized— “(i) to appoint, without regard to the provisions of title 5, United States Code, governing appointments in competitive service, and fix the compensation for, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general pay rates, such professional, technical, and clerical personnel as may be necessary; and “(ii) to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code. “(4) No regional educational laboratory or research and development center receiving assistance under this subsection shall by reason of the receipt of such assistance be ineligible to receive any other assistance from the Institute authorized by law. “(g) (1) There is established within the Institute a Federal Council Federal Council on Educational Research and Development. Establishment. on Educational Research and Development (hereinafter in this subsection referred to as the ‘Federal Council’). “(2) The Federal Council shall be composed of representatives of Federal agencies engaged in research and development relating to education, and shall include, but not be limited to, a representative desig-nated by the Secretary of Defense, a representative designated by the Secretary of Labor, the Director of the National Institutes of Education, the Director of the National Institute of Health, the Director of the National Science Foundation, the Director of the Office of Child Development of the Department of Health, Education, and Welfare, and the Commissioner of Education, “(3) The President shall designate the Director of the Institute to be the Chairman of the Federal Council, “(4) The President shall appoint additional representatives of Federal agencies and may alter the membership of the Federal Council from time to time as he considers necessary to meet changes in Federal programs or in the organization of the executive branch of the Federal Government. “(5) The Federal Council shall— “(A) advise, and consult with, the Director of the Institute with respect to major problems arising in connection with carrying out the purposes of the Institute; “(B) promote coordination between the programs and activities of the Institute and related programs and activities of other Federal agencies, including the joint support of activities to the extent such support is appropriate; “(C) make an annual report to the Congress and the President on the status of educational research and development in the United States, including (i) a catalog of federally assisted programs in educational research and development; (ii) a report of the most significant findings of such research and development; and (hi) recommendations with respect to the manner in which such Federal research and development efforts may be improved; and “(D) make recommendations to the Congress and the President with respect to effective means for the dissemination throughout the United States of information relating to educational research and development, and carry out an assessment of existing efforts used by Federal agencies for the dissemination of such information. “(h) (1) In conducting educational research under subsection (e) which deals with specific education programs or the target populations of such programs, the Director shall consult with the appropriate administrators of such programs within appropriate Federal agencies. “(2) The head of any Federal agency which conducts educational research or provides financial assistance for such research shall consult with the Director with respect to the design of programs of such research.”. (e) Section 405 (i) of the General Education Provisions Act, as so redesignated by subsection (d), is amended by adding at the end thereof the fol lowing new sentence: “There are also authorized to be appropriated for such purpose $100,000,000 for fiscal year 1977 and $200,000,000 for each of fiscal years 1978 and 1979.”. Sec. 404. technical revision relating to prohibition against federal control (a) Section 421 of the General Education Provisions Act is amended by inserting “(except as otherwise provided)” after “part”. (b) Section 432 of the General Education Provisions Act is amended by striking out all the matter preceding “shall” and inserting in lieu thereof the following; “No provision or any applicable program”. Sec. 405. regulations (a) (1) Section 431 of the General Education Provisions Act is amended by striking out “Sec. 431. (a)” and inserting in lieu 20 USC 1232. thereof “(2)” and by inserting immediately alter the section heading the following: “Sec. 431. (a) (1) For the purpose of this section, the term ‘regulation’ means any rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribed by the Commissioner.”. (2) (A) Section 431(a)(2) of such Act, as redesignated by this section, is amended by striking out “Rules, regulations, guidelines, or other published interpretations or orders” and inserting in lieu thereof “Regulations”. (B) Such section 431(a)(2) is further amended by striking out “rules, regulations, guidelines, interpretations, or orders” and inserting in lieu thereof “regulations”. (b) (1) Section 431(b) (1) of such Act is amended by striking out “standard, rule, regulation, or requirement of general applicability” and inserting in lieu thereof “proposed regulation”. (2) Section 431(b) (2) (A) of such Act is amended by striking out “standard, rule, regulation, or general requirement” and inserting in lieu thereof “regulation”, (c) Section 431 (c) of such Act is amended by striking out “rules, regulations, guidelines, interpretations, or orders” and inserting in lieu thereof “regulations”. (d) (1) Section 431(d) (1) of such Act is amended by striking out “standard, rule, regulation, or requirement of general applicability” and inserting in lieu thereof “regulation”. (2) Section 431(d) (1) of such Act is further amended by striking out “standard, rule, regulation, or requirement” each time it appears and inserting in lieu thereof “regulation”. (3) Section 431(d)(2) of such Act is amended by striking out “standard, rule, regulation, or requirement” each time it appears and inserting in lieu thereof “regulation”. (e) (1) Section 431(e) of such Act is amended by striking out “standard, rule, regulation, or requirement” and inserting in lieu thereof “regulation’, (2) Section 431 (e) of such Act is further amended by striking out “proposed Standard, rule, regulation, or requirement of general applicability” and inserting in lieu thereof “final regulation”. (f) Section 431(g) of such Act is amended by striking out “rules, regulations, and guidelines” each time it appears and inserting in lien thereof “final regulations”. (g) The heading of section 431 of such Act is amended to read as follows: “regulations: requirements and enforcement”. Sec. 406. control of paperwork Section 406 of the General Education Provisions Act is amended by redesignating subsection (g) as subsection (h) and by 20 USC 1221e–1. inserting after subsection (f) the following new subsection: “(g) (1) (A) In order to eliminate excessive detail and unnecessary or redundant information requests, the Secretary and the Commissioner shall, in accordance with the provision of this subsection, coordinate the collection of information and data acquisition activities of the Education Division and the Office for Civil Rights “(B) For the purpose of this subsection, the term— “(i) ‘information’ has the meaning given it by section 3502 of title 44, United States Code; and “(ii) ‘educational agency or institution’ means any public or private agency or institution which is the recipient of funds under any applicable program, including any preschool program. “(C) The Commissioner shall establish and provide staff personnel to operate information collection and data acquisition review and coordination procedures to be directed by the Administrator for the National Center for Education Statistics. The procedures shall be designed to review proposed collection of information and data acquisition activities in order to advise the Commissioner and the Secretary with respect to whether such activities are excessive in detail or unnecessary or redundant. “(2) (A) The Administrator shall assist each bureau or agency directly responsible for an applicable program, and the Office for Civil Bights, in performing the coordination required by this subsection, and shall require of each such bureau, agency, and office— “(i) a detailed justification of how information once collected will be used; and “(ii) an estimate of the man-hours required by each educational agency or institution to complete the requests. “(B) Each educational agency or institution subject to a request under the collection of information and data acquisition activity and their representative organizations shall have an opportunity, during the 30-day period before the transmittal of the request to the Director of the Office of Management and Budget, to comment to the Administrator on the collection of information and data acquisition activity. “(C) Nothing in this subsection shall be construed to interfere with 42 USC 2000a note. the enforcement of tile provisions of the Civil Rights Act of 1964 or any other nondiscrimination provisions of Federal law. (3) The Administrator shall, insofar as practicable, and in accordance with the provisions of this title, provide educational agencies and institutions with summaries of the information collected and the data acquired by the Education Division and the Office for Civil Rights. “(4) The Administrator shall, insofar as practicable, develop a common set of definitions mid terms after consultation with the head of each bureau or agency directly responsible for the administration of an applicable program. “(5) The Commissioner shall prepare as part of the annual report to the Congress provisions relating to the progress made by the Secretary, the Commissioner, and the Administrator in meeting the objectives of this subsection and make to the Congress whatever legislative recommendations necessary for meeting the objectives.”. Sec. 407. administrative hearings Section 440 of the General Education Provisions Act is amended by inserting “(a)” immediately after “Sec. 440” and by adding at the end thereof the following new subsection: (b) The extension of Federal financial assistance to a local educational agency may not be limited, deferred, or terminated by the Secretary on the ground of noncompliance with title VI of the Civil 42 USC 2000d. Rights Act of 1964 or any other nondiscrimination provision of Federal law unless such agency is accorded the right of due process of law, which shall include— “(1) at least 30 days prior written notice of deferral to the agency, setting forth the particular program or programs which the Secretary finds to be operated in noncompliance with a specific provision of Federal law; “(2) the opportunity for a hearing on the record before a duly Hearing. appointed administrative law judge within a 60-day period (unless such period is extended by mutual consent of the Secretary and such agency) from the commencement of any deferral; “(3) the conclusion of such hearing and the rendering of a decision on the merits by the administrative law judge within a period not to exceed 90 days from the commencement of such hearing, unless the judge finds by a decision that such hearing cannot be concluded or such decision cannot, be rendered within such period, in which case such judge may extend such period for not to exceed GO additional days; “(4) the limitation of any deferral of Federal financial assistance which may be imposed by the Secretary to a period not to exceed 15 days after the rendering of such decision unless there has been an express finding on such record that such agency has failed to comply with any such nondiscrimination provision of Federal law; and “(5) procedures, which shall be established by the Secretary, to ensure the availability of sufficient funds, without regard to any fiscal year limitations, to comply with the decision of such judge. ‘. Sec. 408. student admission practices Section 440 of the General Education Provisions Act, as 20 USC 1232i. amended by section 407, is further amended by adding at the end thereof the following new subsection: “(c) It shall be unlawful for the Secretary to defer or limit any Federal financial assistance on the basis of any failure to comply with the imposition of quotas (or any other numerical requirements which have the effect of imposing quotas) on the student admission practices of an institution of higher education or community college receiving Federal financial assistance.”. Sec. 409. extension of reporting dates for certain programs (a) Section 403(c)(3) of the General Education Provisions Act is amended by striking out “November 1” and inserting in 20 USC 1221c. lieu thereof “February 1”. (b) Section 422(b) of the General Education Provisions Act is 20 USC 1231a. amended by striking out “March 31” and inserting in lieu thereof “June 30”. (c) Section 4(b) (1) of the Special Projects Act is amended by striking 20 USC 1853. out “February 1” and inserting in lieu thereof “March 1.” (d) (1) Section 825(a) of the Education Amendments of 1974 20 USC 241a note. is amended by striking out “June 30, 1976” and inserting in lieu thereof “August 31, 1977”.” (2) Section 825(c) of such Act is amended by striking out “December 1, 1976” and inserting in lieu thereof “August 81, 1977”. Sec. 410. treatment of indian postsecondary schools The Act of November 2, 1921 (25 U.S.C. 13) is amended by adding at the end thereof the following new undesignated paragraph: “Notwithstanding any other provision of this Act or any other law, postsecondary schools administered by the Secretary of the Interior for Indians, and which meet the definition of an ‘institution of higher 20 USC 1141. education’ under section 1201 of the Higher Education Act of 1965, shall be eligible to participate in and receive appropriated funds under 20 USC 1001 note. any program authorized by the Higher Education Act of 1965 or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.”. Sec. 411. presidential advisory councils Section 443(b) of the General Education Provisions Act is amended to read as follows: “(b) Members of Presidential advisory councils shall continue to serve, regardless of any other provision of law limiting their terms, until the President appoints other members to fill their positions.”. Sec. 412. amendment relating to sex discrimination (a) Section 901(a) of the Education Amendments of 1972 is amended— (1) by striking out “and” at the end of paragraph (5): (2) by striking out “This” in paragraph (6) and inserting in lieu thereof “this”; (3) by striking out the period at the end of paragraph (6) and inserting in lieu thereof a semicolon; and (4) by adding at the end thereof the following new paragraphs: “(7) this section shall not apply to— “(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or “(B) any program or activity of any secondary school or educational institution specifically for— “(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or “(ii) the selection of students to attend any such conference; “(8) this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and “(9) this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.”. (b) The amendment made by subsection (a) shall take effect upon the date of the enactment of this Act.

   Effective date note
   Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94–482, set out as a note under section 1001 of this title.

3. 1994

   Improving America’s Schools Act of 1994

   Pub. L. 103–382 § 212(b)(3)(C) · 108 Stat. 3518

   Changed · 20 U.S.C. § 1232i(a)

   Pub. L. 103–382, § 212(b)(3)(C), made technical amendment to reference to section 1232g(b)(1)(D) of this title to reflect renumbering of corresponding section of original act

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–382, § 212(b)(3)(C), made technical amendment to reference to section 1232g(b)(1)(D) of this title to reflect renumbering of corresponding section of original act.

   Enacted provision · exact public law section
   (C) Subsection (a) of section 446 of the Act (as redesignated by paragraph (1)) (20 U.S.C. 1232i(a)) is amended by striking “438(b)(l)(D)” and inserting “444(b)(l)(D)”.

1 of 4 references resolved to an enrolled provision · 3 partial