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Title 20 — EducationRelease 119-73

§1231e Use of funds withheld

Title 20 › Chapter CHAPTER 31— - GENERAL PROVISIONS CONCERNING EDUCATION › Subchapter SUBCHAPTER III— - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY › Part Part 1— - General Authority › § 1231e

Last updated Apr 6, 2026|Official source

Summary

When the Secretary gives or reallocates federal program money to a State, they must cut the State’s amount by whatever portion comes from local school districts that, on the day the Secretary acts, are barred from federal aid for failing to follow civil‑rights laws (Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; section 794 of Title 29; or the Age Discrimination Act of 1975). The Secretary can use the money taken back either to raise payments to the eligible local districts or States under the program’s rules, or to make grants under section 405 of the Civil Rights Act of 1964 or to other Department programs that promote equity or remedy discrimination based on race, color, national origin, sex, age, or disability.

Full Legal Text

Title 20, §1231e

Education — Source: USLM XML via OLRC

(a)At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 794 of title 29, or the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.].
(b)The Secretary may use any funds withheld under subsection (a)—
(1)to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or
(2)for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964 [42 U.S.C. 2000c–4], or for any other program administered by the Department that is designed to enhance equity in education or redress discrimination on the basis of race, color, national origin, sex, age, or disability.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (a), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 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 Title 42 and Tables. The Education

Amendments

of 1972, referred to in subsec. (a), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see

Short Title

note set out under section 1681 of this title and Tables. The Age Discrimination Act of 1975, referred to in subsec. (a), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) 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 6101 of Title 42 and Tables.

Prior Provisions

A prior section 435 of Pub. L. 90–247 was renumbered section 441, and is classified to section 1232d of this title. Another prior section 435 of Pub. L. 90–247 was renumbered section 423, and is classified to section 1226a–1 of this title. Another prior section 435 of Pub. L. 90–247 was renumbered section 445, and is classified to section 1233d of this title prior to repeal by Pub. L. 103–382.

Amendments

1994—Pub. L. 103–382, § 245, amended section generally. Prior to amendment, section consisted of single par. relating to use of funds withheld for failure to comply with title VI of the Civil Rights Act of 1964.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1231e

Title 20 — Education

Last Updated

Apr 6, 2026

Release point: 119-73