Page:United States Statutes at Large Volume 121.djvu/1443

 121 STAT. 1422

PUBLIC LAW 110–134—DEC. 12, 2007 (2) in paragraphs (1) and (2), by inserting ‘‘procedures to assure that’’ after the paragraph designation; (3) by striking paragraphs (3) and (4) and inserting the following: ‘‘(3) procedures to assure that financial assistance under this subchapter may be terminated or reduced, and an application for refunding may be denied, after the recipient has been afforded reasonable notice and opportunity for a full and fair hearing, including— ‘‘(A) a right to file a notice of appeal of a decision not later than 30 days after notice of the decision from the Secretary; and ‘‘(B) access to a full and fair hearing of the appeal, not later than 120 days after receipt by the Secretary of the notice of appeal; ‘‘(4) procedures (including mediation procedures) are developed and published, to be used in order to— ‘‘(A) resolve in a timely manner conflicts potentially leading to an adverse action between— ‘‘(i) recipients of financial assistance under this subchapter; and ‘‘(ii) delegate agencies, or policy councils of Head Start agencies; ‘‘(B) avoid the need for an administrative hearing on an adverse action; and ‘‘(C) prohibit a Head Start agency from expending financial assistance awarded under this subchapter for the purpose of paying legal fees, or other costs incurred, pursuant to an appeal under paragraph (3); ‘‘(5) procedures to assure that the Secretary may suspend financial assistance to a recipient under this subchapter— ‘‘(A) except as provided in subparagraph (B), for not more than 30 days; or ‘‘(B) in the case of a recipient under this subchapter that has multiple and recurring deficiencies for 180 days or more and has not made substantial and significant progress toward meeting the goals of the grantee’s quality improvement plan or eliminating all deficiencies identified by the Secretary, during the hearing of an appeal described in paragraph (3), for any amount of time; and ‘‘(6) procedures to assure that in cases where a Head Start agency prevails in a decision under paragraph (4), the Secretary may determine and provide a reimbursement to the Head Start agency for fees deemed reasonable and customary.’’.

Deadlines.

SEC. 17. RECORDS AND AUDITS.

dkrause on GSDDPC44 with PUBLAW

Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by adding at the end the following: ‘‘(c) Each recipient of financial assistance under this subchapter shall— ‘‘(1) maintain, and annually submit to the Secretary, a complete accounting of the recipient’s administrative expenses (including a detailed statement identifying the amount of financial assistance provided under this subchapter used to pay expenses for salaries and compensation and the amount (if any) of other funds used to pay such expenses);

VerDate Aug 31 2005

07:12 Jan 26, 2009

Jkt 059194

PO 00002

Frm 00130

Fmt 6580

Sfmt 6581

M:\STATUTES\2007\59194PT2.001

APPS10

PsN: 59194PT2

�