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U.S. Code as of:
01/19/04
Section 2000d-5. Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act
The Secretary of Education shall not defer action or order action
deferred on any application by a local educational agency for funds
authorized to be appropriated by this Act, by the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], by the
Act of September 30, 1950 )1(! (Public Law 874, Eighty-first
Congress), or by the Cooperative Research Act [20 U.S.C. 331 et
seq.], on the basis of alleged noncompliance with the provisions of
this subchapter for more than sixty days after notice is given to
such local agency of such deferral unless such local agency is
given the opportunity for a hearing as provided in section 2000d-1
of this title, such hearing to be held within sixty days of such
notice, unless the time for such hearing is extended by mutual
consent of such local agency and the Secretary, and such deferral
shall not continue for more than thirty days after the close of any
such hearing unless there has been an express finding on the record
of such hearing that such local educational agency has failed to
comply with the provisions of this subchapter: Provided, That, for
the purpose of determining whether a local educational agency is in
compliance with this subchapter, compliance by such agency with a
final order or judgment of a Federal court for the desegregation of
the school or school system operated by such agency shall be deemed
to be compliance with this subchapter, insofar as the matters
covered in the order or judgment are concerned.
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