1995 US Code
Title 20 - EDUCATION
CHAPTER 69 - SCHOOL-TO-WORK OPPORTUNITIES
SUBCHAPTER VIII - IMPACT AID
Sec. 7711 - Administrative hearings and judicial review
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 1, Title 20 - EDUCATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 20 - EDUCATION CHAPTER 69 - SCHOOL-TO-WORK OPPORTUNITIES SUBCHAPTER VIII - IMPACT AID Sec. 7711 - Administrative hearings and judicial review |
Contains | section 7711 |
Date | 1995 |
Laws in Effect as of Date | January 16, 1996 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 89-10, title VIII, §8011, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3768. |
Statutes at Large References | 64 Stat. 1100 108 Stat. 3768, 3965 |
Public Law References | Public Law 89-10, Public Law 103-382 |
§7711. Administrative hearings and judicial review (a) Administrative hearings
A local educational agency and a State that is adversely affected by any action of the Secretary under this subchapter or under the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding October 20, 1994) shall be entitled to a hearing on such action in the same manner as if such agency were a person under chapter 5 of title 5.
(b) Judicial review of secretarial action (1) In generalA local educational agency or a State aggrieved by the Secretary's final decision following an agency proceeding under subsection (a) of this section may, within 60 days after receiving notice of such decision, file with the United States court of appeals for the circuit in which such agency or State is located a petition for review of that action. The clerk of the court shall promptly transmit a copy of the petition to the Secretary. The Secretary shall then file in the court the record of the proceedings on which the Secretary's action was based, as provided in section 2112 of title 28.
(2) Findings of factThe findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence. The Secretary may thereupon make new or modified findings of fact and may modify the Secretary's previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(3) ReviewThe court shall have exclusive jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(Pub. L. 89–10, title VIII, §8011, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3768.)
References in TextAct of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding October 20, 1994), referred to in subsec. (a), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as amended, which was classified generally to chapter 13 (§236 et seq.) of this title prior to repeal by Pub. L. 103–382, title III, §331(b), Oct. 20, 1994, 108 Stat. 3965. For complete classification of this Act to the Code, see Tables.
Section Referred to in Other SectionsThis section is referred to in section 7709 of this title.
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