Page:United States Statutes at Large Volume 92 Part 2.djvu/906

 92 STAT. 2 1 8 6

"Compliance agreement."

20 USC 1221.

PUBLIC LAW 95-561—NOV. 1, 1978 fails to comply with the terms agreed to, such agreement shall no longer be in effect and subsection (a) shall be fully operative. I n implementing such subsection, the State educational agency shall take into account any partial compliance by such agency under such agreement. For purposes of this subsection, the term 'compliance agreement' means an agreement which— " (1) sets forth the terms and conditions to which the local educational agency or State agency has agreed in order to comply with the requirements of this title or the General Education Provisions Act and regulations promulgated thereunder, and with the applicable rules, regulations, procedures, guidelines, criteria or other requirements adopted by the State educational agency; " (2) addresses all the matters that formed the basis for the initiation of the withholding action by the State educational agency; and " (3) may consist of a series of agreements that in the aggregate dispose of all such matters. W i t h i n fifteen days after the execution of any compliance agreement, the State educational agency shall send a copy thereof to the district advisory council affected, and to each organization or person who filed a complaint with respect to any failure to comply which is covered by that agreement. . " (d) REVIEW BY THE COMMISSIONER.—A local educational agency or

20 USC 1231b-2.

State agency may, in accordance with section 425(a) of the General Education Provisions Act, appeal a final determination of the State educational agency under subsection (a) to the Commissioner. u AUDITS AND AUDIT RESOLUTION

20 USC 2817.

Written procedures.

" SEC. 170. (a) AUDITING.—Each State shall make provision for audits of the expenditure of funds received under this title to determine, at a minimum, the fiscal integrity of grant or subgrant financial transactions and reports, and the compliance with applicable statutes, regulations, and terms and conditions of the g r a n t or subgrant. Such audits shall be made with reasonable frequency considering the nature, size, and complexity of the activity. " (b) A U D I T RESOLUTION.—Each State educational agency shall have in effect written procedures meeting minimum standards established by the Commissioner, to assure timely and appropriate resolutions of audit findings and recommendations arising o u t of audits provided for in subsection (a). Such procedures shall include a description of the audit resolution process, timetables for each step of the process, and an audit appeals process. Whenever under such procedures, the audit resolution process requires the repayment of Federal funds which were misspent or misapplied, such repayment may be made in either a single payment or in installments over a period not to exceed three years. " (c) REQUIREMENT FOR R E P A Y M E N T. — A local educational agency o r

State agency shall repay from non-Federal sources or from Federal funds, no accountability for which is required to the Federal Government, the amount of funds under this title which have been finally determined through the audit resolution process to have been misspent or misapplied. " (d) REVIEW BY THE COMMISSIONER.—A local educational agency or

State agency may, in accordance with section 425(a) of the General

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