Department of Education May 28, 2008 – Federal Register Recent Federal Regulation Documents

This notice is being published in the Federal Register consistent with section 457(b)(2) of the General Education Provisions Act (GEPA). Section 457 of GEPA authorizes the U.S. Department of Education (the Department) to enter into a compliance agreement with a recipient that is failing to comply substantially with Federal program requirements, and for whom the Department determines that full compliance is not feasible until a future date. Section 457(b)(2) requires the Department to publish written findings leading to a compliance agreement, with a copy of the compliance agreement, in the Federal Register. If a recipient fails to comply with the terms and conditions of a compliance agreement, the Secretary may take any action authorized by law with respect to the recipient. On December 17, 2007, the Department entered into a three-year compliance agreement (the Agreement) with the Commonwealth of Puerto Rico (Puerto Rico) and the Puerto Rico Department of Education (PRDE) because PRDE was failing to comply substantially with numerous Federal education program requirements, and it was clear to the Department from all available information that PRDE would not be able to come into full compliance with applicable Federal requirements for the administration of Department programs until a future date. PRDE receives grant funds under a number of programs administered by the Department, including programs authorized under Titles I, II, and IV of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), Title IV of the Higher Education Act of 1965, as amended (HEA), and the Individuals with Disabilities Education Act (IDEA). As a result of program monitoring and audits, the Department has identified numerous program areas requiring corrective action by PRDE. Specifically, the Agreement applies to grant funds awarded to Puerto Rico and PRDE by the Department under Titles I, II, and IV of ESEA, Title IV of HEA, and IDEA. The purpose of the Agreement is to improve education for the students of Puerto Rico by bringing Puerto Rico and PRDE into full compliance with the Department's program requirements.