(a) Discretionary authority; purposes of agreement
In accordance with section 1234c of this title, the Secretary may
enter into a compliance agreement with a recipient under an
applicable program. The purpose of any compliance agreement under
this section shall be to bring the recipient into full compliance
with the applicable requirements of law as soon as feasible and not
to excuse or remedy past violations of such requirements.
(b) Procedures applicable
(1) Before entering into a compliance agreement with a recipient,
the Secretary shall hold a hearing at which the recipient, affected
students and parents or their representatives, and other interested
parties are invited to participate. The recipient shall have the
burden of persuading the Secretary that full compliance with the
applicable requirements of law is not feasible until a future date.
(2) If the Secretary determines, on the basis of all the evidence
presented, that full compliance is genuinely not feasible until a
future date, the Secretary shall make written findings to that
effect and shall publish those findings, along with the substance
of any compliance agreement, in the Federal Register.
(c) Contents
A compliance agreement under this section shall contain -
(1) an expiration date not later than 3 years from the date of
the written findings under subsection (b)(2) of this section, by
which the recipient shall be in full compliance with the
applicable requirements of law, and
(2) those terms and conditions with which the recipient must
comply until it is in full compliance.
(d) Failure of recipient to comply with terms and conditions
If a recipient fails to comply with the terms and conditions of a
compliance agreement under this section, the Secretary may consider
that compliance agreement to be no longer in effect, and the
Secretary may take any action authorized by law with respect to the
recipient.
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