Understanding the ED Deciding Official [Education]: Authority and Responsibilities

Q: How can I appeal a suspension or debarment?

You can appeal by following the procedures outlined in the notice you received and may need to provide supporting documentation.

Q: What are the consequences of being debarred?

Being debarred means you cannot receive federal contracts or funding for a specified period, which can significantly impact your organization.

Definition & Meaning

The term "ED Deciding Official" refers to an officer within the U.S. Department of Education (ED) who has been granted the authority to make decisions regarding suspensions and debarments. This role is defined under federal regulations, specifically in 34 CFR 85.942. The ED Deciding Official is responsible for determining whether to uphold a suspension or impose a debarment on individuals or entities that have violated certain regulations related to federal funding.

Table of content

Legal Use & context

The ED Deciding Official plays a critical role in the enforcement of compliance with federal educational regulations. This term is primarily used in the context of administrative law and government contracting. The official's decisions can impact educational institutions and contractors who receive federal funds. Users may need to navigate forms and procedures related to suspensions or debarments, which can be managed using legal templates provided by services like US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A university is found to have misused federal grant funds. The ED Deciding Official reviews the case and decides to suspend the university from receiving further federal funding until compliance is ensured.

Example 2: A contractor fails to meet the terms of a federal contract. The ED Deciding Official may impose a debarment, preventing the contractor from future federal contracts for a specified period. (hypothetical example)

Relevant laws & statutes

The primary regulation governing the role of the ED Deciding Official is found in 34 CFR 85.942. This regulation outlines the definitions and procedures related to governmentwide debarment and suspension, particularly in the context of educational funding.

Comparison with related terms

Term	Definition	Difference
Suspension	A temporary halt to an entity's eligibility for federal funding.	Suspension is often a preliminary action, while debarment is more severe and longer-lasting.
Debarment	A formal exclusion from receiving federal contracts or funding.	Debarment is a more permanent measure than suspension.

Common misunderstandings

What to do if this term applies to you

If you find yourself facing a suspension or debarment from federal funding, it is important to understand the reasons for the action and your rights. Consider the following steps:

Review the notice of suspension or debarment carefully.
Gather any relevant documentation to support your case.
Consult with a legal professional for guidance on how to respond.
Explore US Legal Forms for templates that can assist you in preparing necessary documents.

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Quick facts

Attribute	Details
Typical Fees	Varies based on legal counsel and administrative costs.
Jurisdiction	Federal
Possible Penalties	Loss of eligibility for federal funding, debarment from future contracts.

Key takeaways

Frequently asked questions

What is the role of the ED Deciding Official?

The ED Deciding Official determines whether to uphold a suspension or impose a debarment on entities that violate federal funding regulations.