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 Stateā€™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