Page:United States Statutes at Large Volume 92 Part 2.djvu/905

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2 1 8 5

a COMPLAINT RESOLUTION

" SEC. 168. E a c h State educational agency shall adopt written procedures for receiving complaints, or reviewing appeals from decisions of local educational agencies with respect to complaints, concerning violations of this title or applicable provisions of the General Education Provisions Act in connection with programs assisted under this title, and for conducting onsite investigations of such complaints which the State educational agency deems necessary. Such procedures shall include— " (1) specific time limits for resolving the complaint or completing the review and, if necessary, the independent onsite investigation, which shall not exceed sixty days unless exceptional circumstances exist; " (2) an opportunity for the complainant or the complainant's representative, or both, and the local educational agency involved to present evidence, including the opportunity to question parties to the dispute and any of their witnesses; " (3) the r i g h t to appeal the final resolution of the State educational agency to the Commissioner within t h i r t y days after receipt of the written decision; and " (4) dissemination, free of charge, of information concerning these procedures to interested parties, including all district and school advisory councils.

Written procedures. 20 USC 2815. 20 USC 1221.

Time limits.

Presentation of evidence.

Appeal.

a WITHHOLDING OP PAYMENTS

" SEC. 169. (a) WITHHOLDING.—Whenever a State educational 20 USC 2816. agency, after reasonable notice and opportunity for a hearing (consistent with the requirements of section 434(b) of the General Education Provisions Act) to any local educational agency or State agency. Post, p. 2342. before an impartial decisionmaker, finds that there has been a failure to comply substantially with any provision of subpart 3 of part A or subpart 2 or 3 of part B, the State educational agency shall notify such agency that further payments, in whole or in part, will not be made to it under this title until it is satisfied that there is n o longer any such failure to comply. Until it is so satisfied, no further payments shall be made to such agency under this title, except as may be provided in a ' •* compliance agreement entered into under subsection (c). P e n d i n g the outcome of any proceeding under this subsection, the State educational agency may suspend, in whole or in part, payments to such agency, after such agency has been given reasonable notice and opportunity to show cause why such action should not be taken, " (b) NOTICE TO PUBLIC OF STATE W I T H H O L D I N G. — Upon submission

to a local educational agency or a State agency of a notice that the State educational agency pursuant to subsection (a) is withholding payment, the State educational agency shall inform the district advisory council (if any) and shall take such additional action as may be necessary to b r i n g the State action to the attention of the public. " (c) COMPLIANCE AGREEMENTS.—^A State educational agency may

suspend the initiation or continuation of its withholding action under subsection (a) while there is in effect a compliance agreement with the local educational agency or State agency under this subsection. Such an agreement shall be deemed to be in effect for the period specified therein, except that if the local educational agency or State agency

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