 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
SUBCHAPTER III--GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION 
AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY
 
    Part 4--Records; Privacy; Limitation on Withholding Federal Funds
 
Sec. 1232i. Limitations on withholding of Federal assistance


(a) Refusal to supply personal data on students or families

    Except as provided in section 1232g(b)(1)(D) of this title, the 
refusal of a State or local educational agency or institution of higher 
education, community college, school, agency offering a preschool 
program, or other educational institution to provide personally 
identifiable data on students or their families, as a part of any 
applicable program, to any Federal office, agency, department, or other 
third party, on the grounds that it constitutes a violation of the right 
to privacy and confidentiality of students or their parents, shall not 
constitute sufficient grounds for the suspension or termination of 
Federal assistance. Such a refusal shall also not constitute sufficient 
grounds for a denial of, a refusal to consider, or a delay in the 
consideration of, funding for such a recipient in succeeding fiscal 
years. In the case of any dispute arising under this section, reasonable 
notice and opportunity for a hearing shall be afforded the applicant.

(b) Noncompliance with nondiscrimination provisions of Federal law

    The extension of Federal financial assistance to a local educational 
agency may not be limited, deferred, or terminated by the Secretary on 
the ground of noncompliance with title VI of the Civil Rights Act of 
1964 [42 U.S.C. 2000d et seq.] or any other nondiscrimination provision 
of Federal law unless such agency is accorded the right of due process 
of law, which shall include--
        (1) at least 30 days prior written notice of deferral to the 
    agency, setting forth the particular program or programs which the 
    Secretary finds to be operated in noncompliance with a specific 
    provision of Federal law;
        (2) the opportunity for a hearing on the record before a duly 
    appointed administrative law judge within a 60-day period (unless 
    such period is extended by mutual consent of the Secretary and such 
    agency) from the commencement of any deferral;
        (3) the conclusion of such hearing and the rendering of a 
    decision on the merits by the administrative law judge within a 
    period not to exceed 90 days from the commencement of such hearing, 
    unless the judge finds by a decision that such hearing cannot be 
    concluded or such decision cannot be rendered within such period, in 
    which case such judge may extend such period for not to exceed 60 
    additional days;
        (4) the limitation of any deferral of Federal financial 
    assistance which may be imposed by the Secretary to a period not to 
    exceed 15 days after the rendering of such decision unless there has 
    been an express finding on such record that such agency has failed 
    to comply with any such nondiscrimination provision of Federal law; 
    and
        (5) procedures, which shall be established by the Secretary, to 
    ensure the availability of sufficient funds, without regard to any 
    fiscal year limitations, to comply with the decision of such judge.

(c) Failure to comply with imposition of quotas

    It shall be unlawful for the Secretary to defer or limit any Federal 
financial assistance on the basis of any failure to comply with the 
imposition of quotas (or any other numerical requirements which have the 
effect of imposing quotas) on the student admission practices of an 
institution of higher education or community college receiving Federal 
financial assistance.

(Pub. L. 90-247, title IV, Sec. 446, formerly Sec. 440, as added Pub. L. 
93-380, title V, Sec. 515(a), Aug. 21, 1974, 88 Stat. 574; amended Pub. 
L. 94-482, title IV, Secs. 407, 408, Oct. 12, 1976, 90 Stat. 2232, 2233; 
renumbered Sec. 446 and amended Pub. L. 103-382, title II, 
Sec. 212(b)(1), (3)(C), Oct. 20, 1994, 108 Stat. 3913.)

                       References in Text

    The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil 
Rights Act of 1964 is classified generally to subchapter V (Sec. 2000d 
et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2000a of this title and Tables.


                            Prior Provisions

    A prior section 446 of Pub. L. 90-247 was classified to section 
1233e of this title prior to repeal by Pub. L. 103-382.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-382, Sec. 212(b)(3)(C), made 
technical amendment to reference to section 1232g(b)(1)(D) of this title 
to reflect renumbering of corresponding section of original act.
    1976--Pub. L. 94-482 designated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, 
except either as specifically otherwise provided or, if not so 
specifically otherwise provided, effective July 1, 1976, for those 
amendments providing for authorization of appropriations, see section 
532 of Pub. L. 94-482, set out as a note under section 1001 of this 
title.


                             Effective Date

    Section 515(b) of Pub. L. 93-380 provided that: ``The amendment made 
by subsection (a) [enacting this section] shall be effective upon 
enactment of this Act [Aug. 21, 1974].''
