Page:United States Statutes at Large Volume 92 Part 2.djvu/907

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2187

Education Provisions Act, appeal a final determination of the State 20 USC educational agency under subsection (b) to the Commissioner. 1231b-2. "(e) FAILURE To KEPAY.—If, following an affirmation by the Com- Notification. missioner of a final determination of a State educational agency under subsection (b) or failure by a local educational agency or State agency to seek timely review by the Commissioner, such local educational agency or State agency refuses to repay from non-Federal sources, or from Federal funds no accountability for which is required to the Federal Government, funds which have been misspent or misapplied under this title, the State educational agency shall promptly notify the Commissioner and the Commissioner shall promptly initiate collection action. "Subpart 3—Responsibilities of State Educational Agencies to Commissioner "STATE MONITORING AND ENFORCEMENT PLANS

171. (a) STATE PLAN.—Each State educational agency participating in programs under this title shall submit, at such times (at least once every three years) and in such detail as the Commissioner shall prescribe, a State monitoring and enforceemnt plan. Such plan shall set forth— "(1) a program of regular visits by State educational agency personnel to projects assisted under this title; " (2) the matters to be reviewed during such visits; "(3) procedures for verifying information provided by local educational agencies and State agencies, including the use of other information available to the State to cross-check that information; " (4) procedures for regular audits of local educational agency and State agency expenditures under this title, and procedures for the recovery of any expenditure determined not to be allowable under this title; "(5) procedures for resolving each complaint received by the State relating to programs assisted under this title, including complaints refered to the State by the Commissioner and complaints by representatives of children enrolled in private schools that those children are not receiving the services to which they are entitled under this title; and "(6) a description of the means by which the State educational agency has determined, and will continue to determine, the compliance by local educational agencies with the requirements of section 130 relating to the equitable provision of services to children enrolled in private schools. " (b) REPORT.—Each plan submitted by a State educational agency under this section shall include a report, in such form as the Commissioner shall prescribe, of the activities undertaken by the State in the years since the previous plan was filed to carry out its monitoring and enforcement efforts under this title. "SEO.

20 USC 2821.

Regular visits by personnel. Matters to be reviewed. Information verification.

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u REPORTING

"SEC. 172. Each State educational agency shall make to the Com- 20 USC 2822. missioner (1) periodic reports (including the results of objective measurements required by section 124(g) and of research and replication Ante, p. 2164.

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