Sec. 3205 - Enforcement

ยง 3205. Enforcement

(a) If a local or state agency fails to take required corrective action, the CDE may use any means authorized by law to effect compliance, including, but not limited to:

(1) Withholding of all or part of the local agency's special education fiscal support in accordance with state or federal statute or regulation, including but not limited to section 1413 of title 20 of the United States Code, Education Code section 56845, and section 3088.1 of title 5 of the California Code of Regulations;

(2) Conditioning a local agency's eligibility for future state or federal support on compliance with specified conditions; or

(3) Proceeding in a court of competent jurisdiction against a local or state agency for an appropriate order compelling compliance.

(b) No decision to curtail funding to a local agency under this chapter shall be made until the CDE has determined that compliance cannot be secured by other means.

(1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).)

Note: Authority cited: Sections 33315, 56500.2 and 56845, Education Code. Reference: Sections 33315 and 56500.2, Education Code; and 34 C.F.R. Sections 300.151-300.153.

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