14 Del. Admin. Code § 927-5.0 - Withholding Funds

5.1 Opportunity for hearing: Prior to withholding any funds under Part B of the Act, the DOE will provide reasonable written notice of the proposed withholding and an opportunity for a hearing to the LEA involved. The hearing shall be conducted in accordance with Delaware Department of Education's "Hearing Procedures and Rules" as from time to time amended.

5.2 Suspension: Pending the outcome of any hearing to withhold payments under 5.1 the DOE may suspend payments to the LEA, suspend the authority of the LEA to obligate funds under Part B of the Act, or both, after the LEA has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate funds under Part B of the Act should not be suspended.

5.3 Nature of withholding: If the DOE determines that it is appropriate to withhold further payments to an LEA, the DOE may determine that:

5.3.1 That the withholding will be limited to programs or projects, or portions of programs or projects, that affected the DOE's determination in 3.2; or

5.3.2 That the LEA shall not make further payments under Part B of the Act to specified programs, providers or vendors that caused or were involved in the DOE's determination in 3.2.

5.3.3 Until the DOE is satisfied that the condition that caused the initial withholding has been substantially rectified, payments to the LEA under Part B of the Act may be withheld in whole or in part; and payments by the LEA under Part B of the Act shall be limited to programs, providers and vendors whose actions did not cause or were not involved in the DOE's determination in 3.2, as the case may be.

(Authority: 20 U.S.C. 1416(e)(4), (e)(6); 14 Del.C. § 3110)

Notes

14 Del. Admin. Code § 927-5.0