Administrative enforcement through civil penalties

(a) Noncompliance The Secretary of Education shall determine, at the beginning of each year, each covered institution of higher education, covered local educational agency, elementary school, or secondary school that was found during the prior year to be in noncompliance with a requirement of section 7, or of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). Such administrative proceeding shall be conducted in the same manner as an administrative proceeding under section 902 of the Education Amendments of 1972 (20 U.S.C. 1682). (b) Civil penalty If the Secretary of Education determines under subsection (a) that a covered institution of higher education, covered local educational agency, elementary school, or secondary school was in such noncompliance during the prior year, the Secretary may impose a civil penalty on such institution, agency, or school. (c) Further noncompliance If the Secretary of Education determines under subsection (a) that a covered institution of higher education, covered local educational agency, elementary school, or secondary school was in such noncompliance during 2 or more of the prior 5 years, the Secretary shall— (1) require such covered institution, covered local educational agency, elementary school, or secondary school to submit, not later than 120 days after receiving notice of the determination, a plan for coming into compliance with all requirements of section 7, and of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and (2) make the report publicly available.