effects of the discrimination. If another recipient exercises control over the recipient that has discriminated or if the entity that has discriminated is a subrecipient, both recipients or recipient and subrecipient may be required to take remedial action.

(Authority: 42 U.S.C. 6103)

$110.39 Exhaustion of administrative

remedies.

(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted

if—

(1) One hundred eighty days have elapsed since the complainant filed the complaint with ED, and ED has made no finding with regard to the complaint; or

(2) ED issues any finding in favor of the recipient.

(b) If ED fails to make a finding within 180 days or issues a finding in favor of the recipient, ED promptly

(1) Advises the complainant of this fact;

(2) Advises the complainant of his or her right to bring a civil action for injunctive relief; and

(3) Informs the complainant

(i) That a civil action can be brought only in a United States district court for the district in which the recipient is found or transacts business;

(ii) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that these costs must be demanded in the complaint filed with the court;

(iii) That before commencing the action, the complainant shall give 30 days notice by registered mail to the Secretary, the Secretary of Health and Human Services, the Attorney General of the United States, and the recipient;

(iv) That the notice shall state the alleged violation of the Act, the relief requested, the court in which the action will be brought, and whether or not attorney's fees are demanded in the event the complainant prevails; and

(v) That the complainant may not bring an action if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States.

(Authority: 42 U.S.C. 6104)

194-126 D-01--14

Subpart B-Even Start Family Literacy
Programs

200.30 Migrant Education Even Start Program definition.

200.31-200.39 [Reserved]

Subpart C-Migrant Education Program

200.40

Program definitions.

200.41 Use of program funds for unique program function costs.

200.42 Responsibilities of SEAS and operating agencies for assessing the effectiveness of the MEP.

200.43 Responsibilities of SEAS and operating agencies for improving services to migratory children.

200.44 Use of MEP funds in schoolwide projects.

200.45 Responsibilities for participation of children in private schools. 200.46-200.49 [Reserved]

Subpart D-Prevention and Intervention
Programs for Children and Youth Who
Are Neglected, Delinquent, or At-Risk
of Dropping Out

200.50 Program definitions.
200.51 SEA counts of eligible children.
200.52-200.59 [Reserved]

Subpart E-General Provisions

200.60 Reservation of funds for State administration and school improvement.

200.61 Use of funds reserved for State administration.

200.62 [Reserved]

200.63 Exclusion of supplemental State and local funds from supplement, not supplant and comparability determinations. 200.64 [Reserved]

200.65 Definitions. 200.66-200.69 [Reserved]

AUTHORITY: 20 U.S.C. 6301-6514, unless otherwise noted.

SOURCE: 60 FR 34802, July 3, 1995, unless otherwise noted.

Subpart A-Improving Basic Programs Operated by Local Educational Agencies

STANDARDS, ASSESSMENT, AND

ACCOUNTABILITY

§ 200.1 Contents of a State plan.

(a)(1) A State that desires to receive a grant under this subpart shall submit to the Secretary a plan that meets the requirements of this section.

(2) A State plan must be