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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 34 - Education |
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Subtitle B - Regulations of the Offices of the Department of Education |
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Chapter II - Office of Elementary and Secondary Education, Department of Education |
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Part 222 - Impact Aid Programs |
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Subpart G - Special Provisions for Local Educational Agencies That Claim Children Residing on Indian Lands |
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Withholding and Related Procedures for Indian Policies and Procedures |
§ 222.116 - How are withholding procedures initiated under this subpart?
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§ 222.116 How are withholding procedures initiated under this subpart?
(a) If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the LEA's payments.
(b) In the written notice, the Assistant Secretary -
(1) Describes how the LEA failed to comply with the requirements at issue; and
(2)
(i) Advises an LEA that has participated in an IPP hearing that it may request, in accordance with § 222.117(c), that its payments not be withheld; or
(ii) Advises an LEA that has not participated in an IPP hearing that it may request a withholding hearing in accordance with § 222.117(d).
(c) The Assistant Secretary sends a copy of the written notice of intent to withhold payments to the LEA and the affected Indian tribe or tribes by certified mail with return receipt requested.