Section 1416 (e) (2)

(2) Needs intervention

  • If the Secretary determines, for 3 or more consecutive years, that a State needs intervention under subsection (d)(2)(A)(iii) in implementing the requirements of this subchapter, the following shall apply:
    • (A) The Secretary may take any of the actions described in paragraph (1).
    • (B) The Secretary shall take 1 or more of the following actions:
      • (i) Require the State to prepare a corrective action plan or improvement plan if the Secretary determines that the State should be able to correct the problem within 1 year.
      • (ii) Require the State to enter into a compliance agreement under section 457 of the General Education Provisions Act [20 U.S.C. 1234f], if the Secretary has reason to believe that the State cannot correct the problem within 1 year.
      • (iii) For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the State’s funds under section 1411(e) of this title, until the Secretary determines the State has sufficiently addressed the areas in which the State needs intervention.
      • (iv) Seek to recover funds under section 452 of the General Education Provisions Act [20 U.S.C. 1234a].
      • (v) Withhold, in whole or in part, any further payments to the State under this subchapter pursuant to paragraph (5).
      • (vi) Refer the matter for appropriate enforcement action, which may include referral to the Department of Justice.
      • Severe Discrepancy
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        Last modified on November 7, 2019