Page:United States Statutes at Large Volume 92 Part 2.djvu/965

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2245

the State educational agency, (4) specify the methods for making monitoring reports available to parents, State and local auditors, and other persons, and (5) specify the methods for insuring that noncompliant practices are corrected. "COMPLAINT RESOLUTION

"SEC. 507. Each State educational agency shall adopt written pro- 20 USC 3147. cedures for receiving and resolving complaints, or reviewing appeals from decisions of local educational agencies with respect to complaints, concerning violations of this title, applicable provisions of the General Education Provisions Act or of programs subject to this part, and for conducting on-site investigations of complaints which the State educational agency deems necessary. Such procedure shall include— "(1) specific time limits for resolving the complaint or completing the review and, if necessary, the independent on-site 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 right to appeal the final resolution of the State educational agency to the Commissioner within thirty days after receipt of the written decision; and "(4) dissemination of information concerning the procedures to interested parties, including all district and school advisory councilSi ((WITHHOLDING OP PAYMENTS "SEC. 508. (a) Whenever a State educational agency, after reason- 20 USC 3148. able notice and opportunity for a hearing to any local educational agency or State agency, before an impartial decisionmaker, finds that there has been a failure to comply substantially with any provision of the programs subject to this part the State educational agency shall notify such agency that further payments, in whole or in part, will not be made to it under applicable provisions of law until it is satisfied that there is no longer any such failure to comply. Until it is so satisfied, no further payments shall be made to such agency under applicable provisions of law, except as may be provided in a compliance agreement entered into under subsection (c). Pending the outcome of any proceeding under this subsection, the State educational agency may suspend 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) 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 bring the State action to the attention of the public. "(c) 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, except that if the local educational

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