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B-164031(1) 1 (1975-09-26)

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COMPTROLLER GENERAL OF THE UNITED STATES
         WASHINGTON, D.C. 20S


SEP26


1-164031(1)


1975


The Honorable James R. Jones
House of Representatives
                           I
Debr Mr. Jones:


     This is in response to your July 16, 1975, letter
concerning thef dministratinn, of the Emergency School Aid
Act (42-cW2Iv.4y iSWflT-ct djEdIucat£-hOT Dtpartment
of Health, Education, and Welfare.    Specifically  You ,re-
quested information related to the denial of fiscal year
1975 funds to Independent School District #1 of Tulsa
County, Oklahoma.
     The primary issues raised in you. letter and in later
discussions with representatives of this Office concerned
whether the Office of Education met its responsibilities
under section 710(d)(2) of the act, which states:
     The Assistant Secretary shall nct finally disapprove
     in whole or In part any applicatlon for funds Pub-
     mitted by a local educational agency without first
     notifying the local educational agency of the specific
     reasons for his disapproval and without affording the
     agency an appropriate opportunity to modify its appli-
     cation.

     Since we received your letter, the school district
has filed suit against the Department, claiming that its
actions in not approving the application violated section
710(d)(2).   Based on our review of the complaint filed with
the court and telephone conversations with attorneys in
the Department's Dallas Regional Office, it is apparent
that the issues now before the court Include those raised
in your request.
                                                       9
     As discussed with youton September 12, 1975, we do
not believe further work by us would be appropriate at
this time because the school district has sought satisfac-
tion on the issues through the courts. However, as was
agreed at that meeting, we have prepared for your use the
enclosed summary of information obtained to date.


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