Page:United States Statutes at Large Volume 92 Part 2.djvu/912

 92 STAT. 2192

PUBLIC LAW 95-561—NOV. 1, 1978

"(2) For the purpose of this subsection, the term 'compliance agreement, means an agreement which— "(A) sets forth the terms and conditions to which the State or 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; "(B) addresses all the matters that formed the basis for the initiation of the withholding action by the Commissioner; and "(C) may consist of a series of agreements that in the aggregate dispose of all such matters. Hearing. " (3) In any case in which a State educational agency desires to enter into a compliance agreement, but alleges that full compliance with the requirements of this title is genuinely not feasible until a further date, the Commissioner shall hold a hearing at which that agency shall have the burden of demonstrating that immediate compliance is not feasible. The Commissioner shall provide an opportunity for parents, their representatives, and other interested parties to participate in that hearWritten findings. ing. If the Commissioner determines, on the basis of all the evidence presented to him, that immediate compliance is genuinely not feasible, he shall make written findings to that effect before entering into such a compliance agreement with that State educational agency. A compliance agreement under this subsection shall not be exempt from disclosure under any provision of section 552 of title 5, United States Code. Within fifteen days after the execution of any compliance agreeCopies of ment under this subsection, the Commissioner shall send a copy thereof agreement to complainants. to each organization or person who filed a complaint with respect to any failure to comply which is covered by that agreement. I ' •^'•i »- • T > % ' | •. ^ ^ 1

u POLICY MANUAL 20 USC 2837.

Ante, p. 2143.

"SEC. 187. (a) SCOPE AND PURPOSE.—The Commissioner shall, not

later than six months after the publication of final regulations with respect to the amendments to this title made by the Education Amendments of 1978, prepare and distribute to State educational agencies, State agencies operating programs for neglected and delinquent and handicapped children, local educational agencies, and districtwide advisory councils, and shall make available to other interested individuals, organizations, and agencies, a policy manual for this title to— "(1) assist such agencies in (A) preparing applications for program funds under this title, (B) meeting the applicable program requirements under this title, and (C) enhancing the quality, increasing the depth, or broadening the scope of activities for programs under this title; "(2) assist State educational agencies in achieving proper and efficient administration of programs funded under this title; "(3) assist advisory councils established under section 125(a) in advising the local educational agencies in the planning for, and implementation and evaluation oi^ programs and projects under this title; and "(4) insure that officers and employees of the Department of Health, Education, and Welfare, including, but not limited to, officers and employees of the Commissioner and officers and employees of such Department charged with auditing programs carried on under this title, uniformly interpret, apply, and enforce requirements under this title throughout the United States. 4.,

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