20 USC 2343 - Improvement plans

U.S Code last checked for updates: Nov 22, 2024

§ 2343.

Improvement plans

(a)

State program improvement

(1)

Plan

(2)

Technical assistance

(3)

Subsequent action

(A)

In general

The Secretary may, after notice and opportunity for a hearing, withhold from an eligible agency all, or a portion, of the eligible agency’s allotment under paragraphs (2) and (3) of section 2322(a) of this title if the eligible agency—

(i)

fails to implement an improvement plan as described in paragraph (1); or

(ii)

with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (1), fails to meet at least 90 percent of a State determined level of performance for such core indicator for 2 consecutive years after the eligible agency has been identified for improvement under such paragraph.

(B)

Waiver for exceptional circumstances

(4)

Funds resulting from reduced allotments

(5)

Adjustments prohibited

(b)

Local program improvement

(1)

Local evaluation

(2)

Plan

(3)

Technical assistance

(4)

Subsequent action

(A)

In general

The eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion, of the eligible recipient’s allotment under this subchapter if the eligible recipient—

(i)

fails to implement an improvement plan as described in paragraph (2); or

(ii)

with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (2), fails to meet at least 90 percent of the local level of performance for such core indicator for 2 consecutive years after the eligible recipient has been identified for improvement under such paragraph.

(B)

Waiver for exceptional circumstances

In determining whether to impose sanctions under subparagraph (A), the eligible agency may waive imposing sanctions—

(i)

due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible recipient;

(ii)

based on the impact on the eligible recipient’s reported performance of the small size of the career and technical education program operated by the eligible recipient; or

(iii)

in response to a public request from an eligible recipient, if the eligible agency determines that the requirements described in clause (i) or (ii) have been met.

(5)

Funds resulting from reduced allotments

(6)

Adjustments prohibited

(Pub. L. 88–210, title I, § 123, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 721; amended Pub. L. 115–224, title I, § 123, July 31, 2018, 132 Stat. 1606.)

cite as: 20 USC 2343