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U.S. Department of Education: Promoting Educational Excellence for all Americans

State enforcement mechanisms (Sec. 300.537)

Comment: None.

Discussion: New Sec. 300.537 is addressed under the Analysis of Comments and Changes section for this subpart in response to comments on Sec. 300.510(d).

Changes: We have added a new Sec. 300.537 on State enforcement mechanisms to clarify that, notwithstanding Sec. Sec. 300.506(b)(7) and new 300.510(d)(2)(proposed Sec. 300.510(c)(2)), nothing in this part prevents a State from providing parties to a written agreement reached as a result of a mediation or resolution process other mechanisms to enforce that agreement, provided that such mechanisms are not mandatory and do not deny or delay the right of the parties to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. We have also added a cross reference to new Sec. 300.537 in new Sec. 300.510(d) (proposed Sec. 300.510(c)), regarding written settlement agreements.