§ 1412. — State eligibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1412]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH
DISABILITIES
Sec. 1412. State eligibility
(a) In general
A State is eligible for assistance under this subchapter for a
fiscal year if the State demonstrates to the satisfaction of the
Secretary that the State has in effect policies and procedures to ensure
that it meets each of the following conditions:
(1) Free appropriate public education
(A) In general
A free appropriate public education is available to all
children with disabilities residing in the State between the
ages of 3 and 21, inclusive, including children with
disabilities who have been suspended or expelled from school.
(B) Limitation
The obligation to make a free appropriate public education
available to all children with disabilities does not apply with
respect to children:
(i) aged 3 through 5 and 18 through 21 in a State to the
extent that its application to those children would be
inconsistent with State law or practice, or the order of any
court, respecting the provision of public education to
children in those age ranges; and
(ii) aged 18 through 21 to the extent that State law
does not require that special education and related services
under this subchapter be provided to children with
disabilities who, in the educational placement prior to
their incarceration in an adult correctional facility:
(I) were not actually identified as being a child
with a disability under section 1401(3) of this title;
or
(II) did not have an individualized education
program under this subchapter.
(2) Full educational opportunity goal
The State has established a goal of providing full educational
opportunity to all children with disabilities and a detailed
timetable for accomplishing that goal.
(3) Child find
(A) In general
All children with disabilities residing in the State,
including children with disabilities attending private schools,
regardless of the severity of their disabilities, and who are in
need of special education and related services, are identified,
located, and evaluated and a practical method is developed and
implemented to determine which children with disabilities are
currently receiving needed special education and related
services.
(B) Construction
Nothing in this chapter requires that children be classified
by their disability so long as each child who has a disability
listed in section 1401 of this title and who, by reason of that
disability, needs special education and related services is
regarded as a child with a disability under this subchapter.
(4) Individualized education program
An individualized education program, or an individualized family
service plan that meets the requirements of section 1436(d) of this
title, is developed, reviewed, and revised for each child with a
disability in accordance with section 1414(d) of this title.
(5) Least restrictive environment
(A) In general
To the maximum extent appropriate, children with
disabilities, including children in public or private
institutions or other care facilities, are educated with
children who are not disabled, and special classes, separate
schooling, or other removal of children with disabilities from
the regular educational environment occurs only when the nature
or severity of the disability of a child is such that education
in regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily.
(B) Additional requirement
(i) In general
If the State uses a funding mechanism by which the State
distributes State funds on the basis of the type of setting
in which a child is served, the funding mechanism does not
result in placements that violate the requirements of
subparagraph (A).
(ii) Assurance
If the State does not have policies and procedures to
ensure compliance with clause (i), the State shall provide
the Secretary an assurance that it will revise the funding
mechanism as soon as feasible to ensure that such mechanism
does not result in such placements.
(6) Procedural safeguards
(A) In general
Children with disabilities and their parents are afforded
the procedural safeguards required by section 1415 of this
title.
(B) Additional procedural safeguards
Procedures to ensure that testing and evaluation materials
and procedures utilized for the purposes of evaluation and
placement of children with disabilities will be selected and
administered so as not to be racially or culturally
discriminatory. Such materials or procedures shall be provided
and administered in the child's native language or mode of
communication, unless it clearly is not feasible to do so, and
no single procedure shall be the sole criterion for determining
an appropriate educational program for a child.
(7) Evaluation
Children with disabilities are evaluated in accordance with
subsections (a) through (c) of section 1414 of this title.
(8) Confidentiality
Agencies in the State comply with section 1417(c) of this title
(relating to the confidentiality of records and information).
(9) Transition from subchapter III to preschool programs
Children participating in early-intervention programs assisted
under subchapter III of this chapter, and who will participate in
preschool programs assisted under this subchapter, experience a
smooth and effective transition to those preschool programs in a
manner consistent with section 1437(a)(8) of this title. By the
third birthday of such a child, an individualized education program
or, if consistent with sections 1414(d)(2)(B) and 1436(d) of this
title, an individualized family service plan, has been developed and
is being implemented for the child. The local educational agency
will participate in transition planning conferences arranged by the
designated lead agency under section 1437(a)(8) of this title.
(10) Children in private schools
(A) Children enrolled in private schools by their parents
(i) In general
To the extent consistent with the number and location of
children with disabilities in the State who are enrolled by
their parents in private elementary and secondary schools,
provision is made for the participation of those children in
the program assisted or carried out under this subchapter by
providing for such children special education and related
services in accordance with the following requirements,
unless the Secretary has arranged for services to those
children under subsection (f) of this section:
(I) Amounts expended for the provision of those
services by a local educational agency shall be equal to
a proportionate amount of Federal funds made available
under this subchapter.
(II) Such services may be provided to children with
disabilities on the premises of private, including
parochial, schools, to the extent consistent with law.
(ii) Child-find requirement
The requirements of paragraph (3) of this subsection
(relating to child find) shall apply with respect to
children with disabilities in the State who are enrolled in
private, including parochial, elementary and secondary
schools.
(B) Children placed in, or referred to, private schools by
public agencies
(i) In general
Children with disabilities in private schools and
facilities are provided special education and related
services, in accordance with an individualized education
program, at no cost to their parents, if such children are
placed in, or referred to, such schools or facilities by the
State or appropriate local educational agency as the means
of carrying out the requirements of this subchapter or any
other applicable law requiring the provision of special
education and related services to all children with
disabilities within such State.
(ii) Standards
In all cases described in clause (i), the State
educational agency shall determine whether such schools and
facilities meet standards that apply to State and local
educational agencies and that children so served have all
the rights they would have if served by such agencies.
(C) Payment for education of children enrolled in private
schools without consent of or referral by the public
agency
(i) In general
Subject to subparagraph (A), this subchapter does not
require a local educational agency to pay for the cost of
education, including special education and related services,
of a child with a disability at a private school or facility
if that agency made a free appropriate public education
available to the child and the parents elected to place the
child in such private school or facility.
(ii) Reimbursement for private school placement
If the parents of a child with a disability, who
previously received special education and related services
under the authority of a public agency, enroll the child in
a private elementary or secondary school without the consent
of or referral by the public agency, a court or a hearing
officer may require the agency to reimburse the parents for
the cost of that enrollment if the court or hearing officer
finds that the agency had not made a free appropriate public
education available to the child in a timely manner prior to
that enrollment.
(iii) Limitation on reimbursement
The cost of reimbursement described in clause (ii) may
be reduced or denied--
(I) if--
(aa) at the most recent IEP meeting that the
parents attended prior to removal of the child from
the public school, the parents did not inform the
IEP Team that they were rejecting the placement
proposed by the public agency to provide a free
appropriate public education to their child,
including stating their concerns and their intent to
enroll their child in a private school at public
expense; or
(bb) 10 business days (including any holidays
that occur on a business day) prior to the removal
of the child from the public school, the parents did
not give written notice to the public agency of the
information described in division (aa);
(II) if, prior to the parents' removal of the child
from the public school, the public agency informed the
parents, through the notice requirements described in
section 1415(b)(7) of this title, of its intent to
evaluate the child (including a statement of the purpose
of the evaluation that was appropriate and reasonable),
but the parents did not make the child available for
such evaluation; or
(III) upon a judicial finding of unreasonableness
with respect to actions taken by the parents.
(iv) Exception
Notwithstanding the notice requirement in clause
(iii)(I), the cost of reimbursement may not be reduced or
denied for failure to provide such notice if--
(I) the parent is illiterate and cannot write in
English;
(II) compliance with clause (iii)(I) would likely
result in physical or serious emotional harm to the
child;
(III) the school prevented the parent from providing
such notice; or
(IV) the parents had not received notice, pursuant
to section 1415 of this title, of the notice requirement
in clause (iii)(I).
(11) State educational agency responsible for general
supervision
(A) In general
The State educational agency is responsible for ensuring
that--
(i) the requirements of this subchapter are met; and
(ii) all educational programs for children with
disabilities in the State, including all such programs
administered by any other State or local agency--
(I) are under the general supervision of individuals
in the State who are responsible for educational
programs for children with disabilities; and
(II) meet the educational standards of the State
educational agency.
(B) Limitation
Subparagraph (A) shall not limit the responsibility of
agencies in the State other than the State educational agency to
provide, or pay for some or all of the costs of, a free
appropriate public education for any child with a disability in
the State.
(C) Exception
Notwithstanding subparagraphs (A) and (B), the Governor (or
another individual pursuant to State law), consistent with State
law, may assign to any public agency in the State the
responsibility of ensuring that the requirements of this
subchapter are met with respect to children with disabilities
who are convicted as adults under State law and incarcerated in
adult prisons.
(12) Obligations related to and methods of ensuring services
(A) Establishing responsibility for services
The Chief Executive Officer or designee of the officer shall
ensure that an interagency agreement or other mechanism for
interagency coordination is in effect between each public agency
described in subparagraph (B) and the State educational agency,
in order to ensure that all services described in subparagraph
(B)(i) that are needed to ensure a free appropriate public
education are provided, including the provision of such services
during the pendency of any dispute under clause (iii). Such
agreement or mechanism shall include the following:
(i) Agency financial responsibility
An identification of, or a method for defining, the
financial responsibility of each agency for providing
services described in subparagraph (B)(i) to ensure a free
appropriate public education to children with disabilities,
provided that the financial responsibility of each public
agency described in subparagraph (B), including the State
Medicaid agency and other public insurers of children with
disabilities, shall precede the financial responsibility of
the local educational agency (or the State agency
responsible for developing the child's IEP).
(ii) Conditions and terms of reimbursement
The conditions, terms, and procedures under which a
local educational agency shall be reimbursed by other
agencies.
(iii) Interagency disputes
Procedures for resolving interagency disputes (including
procedures under which local educational agencies may
initiate proceedings) under the agreement or other mechanism
to secure reimbursement from other agencies or otherwise
implement the provisions of the agreement or mechanism.
(iv) Coordination of services procedures
Policies and procedures for agencies to determine and
identify the interagency coordination responsibilities of
each agency to promote the coordination and timely and
appropriate delivery of services described in subparagraph
(B)(i).
(B) Obligation of public agency
(i) In general
If any public agency other than an educational agency is
otherwise obligated under Federal or State law, or assigned
responsibility under State policy or pursuant to
subparagraph (A), to provide or pay for any services that
are also considered special education or related services
(such as, but not limited to, services described in sections
1401(1) relating to assistive technology devices, 1401(2)
relating to assistive technology services, 1401(22) relating
to related services, 1401(29) relating to supplementary aids
and services, and 1401(30) of this title relating to
transition services) that are necessary for ensuring a free
appropriate public education to children with disabilities
within the State, such public agency shall fulfill that
obligation or responsibility, either directly or through
contract or other arrangement.
(ii) Reimbursement for services by public agency
If a public agency other than an educational agency
fails to provide or pay for the special education and
related services described in clause (i), the local
educational agency (or State agency responsible for
developing the child's IEP) shall provide or pay for such
services to the child. Such local educational agency or
State agency may then claim reimbursement for the services
from the public agency that failed to provide or pay for
such services and such public agency shall reimburse the
local educational agency or State agency pursuant to the
terms of the interagency agreement or other mechanism
described in subparagraph (A)(i) according to the procedures
established in such agreement pursuant to subparagraph
(A)(ii).
(C) Special rule
The requirements of subparagraph (A) may be met through--
(i) state \1\ statute or regulation;
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\1\ So in original. Probably should be capitalized.
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(ii) signed agreements between respective agency
officials that clearly identify the responsibilities of each
agency relating to the provision of services; or
(iii) other appropriate written methods as determined by
the Chief Executive Officer of the State or designee of the
officer.
(13) Procedural requirements relating to local educational
agency eligibility
The State educational agency will not make a final determination
that a local educational agency is not eligible for assistance under
this subchapter without first affording that agency reasonable
notice and an opportunity for a hearing.
(14) Comprehensive system of personnel development
The State has in effect, consistent with the purposes of this
chapter and with section 1435(a)(8) of this title, a comprehensive
system of personnel development that is designed to ensure an
adequate supply of qualified special education, regular education,
and related services personnel that meets the requirements for a
State improvement plan relating to personnel development in
subsections (b)(2)(B) and (c)(3)(D) of section 1453 of this title.
(15) Personnel standards
(A) In general
The State educational agency has established and maintains
standards to ensure that personnel necessary to carry out this
subchapter are appropriately and adequately prepared and
trained.
(B) Standards described
Such standards shall--
(i) be consistent with any State-approved or State-
recognized certification, licensing, registration, or other
comparable requirements that apply to the professional
discipline in which those personnel are providing special
education or related services;
(ii) to the extent the standards described in
subparagraph (A) are not based on the highest requirements
in the State applicable to a specific profession or
discipline, the State is taking steps to require retraining
or hiring of personnel that meet appropriate professional
requirements in the State; and
(iii) allow paraprofessionals and assistants who are
appropriately trained and supervised, in accordance with
State law, regulations, or written policy, in meeting the
requirements of this subchapter to be used to assist in the
provision of special education and related services to
children with disabilities under this subchapter.
(C) Policy
In implementing this paragraph, a State may adopt a policy
that includes a requirement that local educational agencies in
the State make an ongoing good-faith effort to recruit and hire
appropriately and adequately trained personnel to provide
special education and related services to children with
disabilities, including, in a geographic area of the State where
there is a shortage of such personnel, the most qualified
individuals available who are making satisfactory progress
toward completing applicable course work necessary to meet the
standards described in subparagraph (B)(i), consistent with
State law, and the steps described in subparagraph (B)(ii)
within three years.
(16) Performance goals and indicators
The State--
(A) has established goals for the performance of children
with disabilities in the State that--
(i) will promote the purposes of this chapter, as stated
in section 1400(d) of this title; and
(ii) are consistent, to the maximum extent appropriate,
with other goals and standards for children established by
the State;
(B) has established performance indicators the State will
use to assess progress toward achieving those goals that, at a
minimum, address the performance of children with disabilities
on assessments, drop-out rates, and graduation rates;
(C) will, every two years, report to the Secretary and the
public on the progress of the State, and of children with
disabilities in the State, toward meeting the goals established
under subparagraph (A); and
(D) based on its assessment of that progress, will revise
its State improvement plan under part A of subchapter IV of this
chapter as may be needed to improve its performance, if the
State receives assistance under that part.
(17) Participation in assessments
(A) In general
Children with disabilities are included in general State and
district-wide assessment programs, with appropriate
accommodations, where necessary. As appropriate, the State or
local educational agency--
(i) develops guidelines for the participation of
children with disabilities in alternate assessments for
those children who cannot participate in State and district-
wide assessment programs; and
(ii) develops and, beginning not later than July 1,
2000, conducts those alternate assessments.
(B) Reports
The State educational agency makes available to the public,
and reports to the public with the same frequency and in the
same detail as it reports on the assessment of nondisabled
children, the following:
(i) The number of children with disabilities
participating in regular assessments.
(ii) The number of those children participating in
alternate assessments.
(iii)(I) The performance of those children on regular
assessments (beginning not later than July 1, 1998) and on
alternate assessments (not later than July 1, 2000), if
doing so would be statistically sound and would not result
in the disclosure of performance results identifiable to
individual children.
(II) Data relating to the performance of children
described under subclause (I) shall be disaggregated--
(aa) for assessments conducted after July 1, 1998;
and
(bb) for assessments conducted before July 1, 1998,
if the State is required to disaggregate such data prior
to July 1, 1998.
(18) Supplementation of State, local, and other Federal
funds
(A) Expenditures
Funds paid to a State under this subchapter will be expended
in accordance with all the provisions of this subchapter.
(B) Prohibition against commingling
Funds paid to a State under this subchapter will not be
commingled with State funds.
(C) Prohibition against supplantation and conditions for waiver
by Secretary
Except as provided in section 1413 of this title, funds paid
to a State under this subchapter will be used to supplement the
level of Federal, State, and local funds (including funds that
are not under the direct control of State or local educational
agencies) expended for special education and related services
provided to children with disabilities under this subchapter and
in no case to supplant such Federal, State, and local funds,
except that, where the State provides clear and convincing
evidence that all children with disabilities have available to
them a free appropriate public education, the Secretary may
waive, in whole or in part, the requirements of this
subparagraph if the Secretary concurs with the evidence provided
by the State.
(19) Maintenance of State financial support
(A) In general
The State does not reduce the amount of State financial
support for special education and related services for children
with disabilities, or otherwise made available because of the
excess costs of educating those children, below the amount of
that support for the preceding fiscal year.
(B) Reduction of funds for failure to maintain support
The Secretary shall reduce the allocation of funds under
section 1411 of this title for any fiscal year following the
fiscal year in which the State fails to comply with the
requirement of subparagraph (A) by the same amount by which the
State fails to meet the requirement.
(C) Waivers for exceptional or uncontrollable circumstances
The Secretary may waive the requirement of subparagraph (A)
for a State, for one fiscal year at a time, if the Secretary
determines that--
(i) granting a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a
natural disaster or a precipitous and unforeseen decline in
the financial resources of the State; or
(ii) the State meets the standard in paragraph (18)(C)
of this section for a waiver of the requirement to
supplement, and not to supplant, funds received under this
subchapter.
(D) Subsequent years
If, for any year, a State fails to meet the requirement of
subparagraph (A), including any year for which the State is
granted a waiver under subparagraph (C), the financial support
required of the State in future years under subparagraph (A)
shall be the amount that would have been required in the absence
of that failure and not the reduced level of the State's
support.
(E) Regulations
(i) The Secretary shall, by regulation, establish procedures
(including objective criteria and consideration of the results
of compliance reviews of the State conducted by the Secretary)
for determining whether to grant a waiver under subparagraph
(C)(ii).
(ii) The Secretary shall publish proposed regulations under
clause (i) not later than 6 months after June 4, 1997, and shall
issue final regulations under clause (i) not later than 1 year
after June 4, 1997.
(20) Public participation
Prior to the adoption of any policies and procedures needed to
comply with this section (including any amendments to such policies
and procedures), the State ensures that there are public hearings,
adequate notice of the hearings, and an opportunity for comment
available to the general public, including individuals with
disabilities and parents of children with disabilities.
(21) State advisory panel
(A) In general
The State has established and maintains an advisory panel
for the purpose of providing policy guidance with respect to
special education and related services for children with
disabilities in the State.
(B) Membership
Such advisory panel shall consist of members appointed by
the Governor, or any other official authorized under State law
to make such appointments, that is representative of the State
population and that is composed of individuals involved in, or
concerned with, the education of children with disabilities,
including--
(i) parents of children with disabilities;
(ii) individuals with disabilities;
(iii) teachers;
(iv) representatives of institutions of higher education
that prepare special education and related services
personnel;
(v) State and local education officials;
(vi) administrators of programs for children with
disabilities;
(vii) representatives of other State agencies involved
in the financing or delivery of related services to children
with disabilities;
(viii) representatives of private schools and public
charter schools;
(ix) at least one representative of a vocational,
community, or business organization concerned with the
provision of transition services to children with
disabilities; and
(x) representatives from the State juvenile and adult
corrections agencies.
(C) Special rule
A majority of the members of the panel shall be individuals
with disabilities or parents of children with disabilities.
(D) Duties
The advisory panel shall--
(i) advise the State educational agency of unmet needs
within the State in the education of children with
disabilities;
(ii) comment publicly on any rules or regulations
proposed by the State regarding the education of children
with disabilities;
(iii) advise the State educational agency in developing
evaluations and reporting on data to the Secretary under
section 1418 of this title;
(iv) advise the State educational agency in developing
corrective action plans to address findings identified in
Federal monitoring reports under this subchapter; and
(v) advise the State educational agency in developing
and implementing policies relating to the coordination of
services for children with disabilities.
(22) Suspension and expulsion rates
(A) In general
The State educational agency examines data to determine if
significant discrepancies are occurring in the rate of long-term
suspensions and expulsions of children with disabilities--
(i) among local educational agencies in the State; or
(ii) compared to such rates for nondisabled children
within such agencies.
(B) Review and revision of policies
If such discrepancies are occurring, the State educational
agency reviews and, if appropriate, revises (or requires the
affected State or local educational agency to revise) its
policies, procedures, and practices relating to the development
and implementation of IEPs, the use of behavioral interventions,
and procedural safeguards, to ensure that such policies,
procedures, and practices comply with this chapter.
(b) State educational agency as provider of free appropriate public
education or direct services
If the State educational agency provides free appropriate public
education to children with disabilities, or provides direct services to
such children, such agency--
(1) shall comply with any additional requirements of section
1413(a) of this title, as if such agency were a local educational
agency; and
(2) may use amounts that are otherwise available to such agency
under this subchapter to serve those children without regard to
section 1413(a)(2)(A)(i) of this title (relating to excess costs).
(c) Exception for prior State plans
(1) In general
If a State has on file with the Secretary policies and
procedures that demonstrate that such State meets any requirement of
subsection (a) of this section, including any policies and
procedures filed under this subchapter as in effect before the
effective date of the Individuals with Disabilities Education Act
Amendments of 1997, the Secretary shall consider such State to have
met such requirement for purposes of receiving a grant under this
subchapter.
(2) Modifications made by State
Subject to paragraph (3), an application submitted by a State in
accordance with this section shall remain in effect until the State
submits to the Secretary such modifications as the State deems
necessary. This section shall apply to a modification to an
application to the same extent and in the same manner as this
section applies to the original plan.
(3) Modifications required by Secretary
If, after the effective date of the Individuals with
Disabilities Education Act Amendments of 1997, the provisions of
this chapter are amended (or the regulations developed to carry out
this chapter are amended), or there is a new interpretation of this
chapter by a Federal court or a State's highest court, or there is
an official finding of noncompliance with Federal law or
regulations, the Secretary may require a State to modify its
application only to the extent necessary to ensure the State's
compliance with this subchapter.
(d) Approval by Secretary
(1) In general
If the Secretary determines that a State is eligible to receive
a grant under this subchapter, the Secretary shall notify the State
of that determination.
(2) Notice and hearing
The Secretary shall not make a final determination that a State
is not eligible to receive a grant under this subchapter until after
providing the State--
(A) with reasonable notice; and
(B) with an opportunity for a hearing.
(e) Assistance under other Federal programs
Nothing in this chapter permits a State to reduce medical and other
assistance available, or to alter eligibility, under titles V and XIX of
the Social Security Act [42 U.S.C. 701 et seq., 1396 et seq.] with
respect to the provision of a free appropriate public education for
children with disabilities in the State.
(f) By-pass for children in private schools
(1) In general
If, on December 2, 1983, a State educational agency is
prohibited by law from providing for the participation in special
programs of children with disabilities enrolled in private
elementary and secondary schools as required by subsection
(a)(10)(A) of this section, the Secretary shall, notwithstanding
such provision of law, arrange for the provision of services to such
children through arrangements which shall be subject to the
requirements of such subsection.
(2) Payments
(A) Determination of amounts
If the Secretary arranges for services pursuant to this
subsection, the Secretary, after consultation with the
appropriate public and private school officials, shall pay to
the provider of such services for a fiscal year an amount per
child that does not exceed the amount determined by dividing--
(i) the total amount received by the State under this
subchapter for such fiscal year; by
(ii) the number of children with disabilities served in
the prior year, as reported to the Secretary by the State
under section 1418 of this title.
(B) Withholding of certain amounts
Pending final resolution of any investigation or complaint
that could result in a determination under this subsection, the
Secretary may withhold from the allocation of the affected State
educational agency the amount the Secretary estimates would be
necessary to pay the cost of services described in subparagraph
(A).
(C) Period of payments
The period under which payments are made under subparagraph
(A) shall continue until the Secretary determines that there
will no longer be any failure or inability on the part of the
State educational agency to meet the requirements of subsection
(a)(10)(A) of this section.
(3) Notice and hearing
(A) In general
The Secretary shall not take any final action under this
subsection until the State educational agency affected by such
action has had an opportunity, for at least 45 days after
receiving written notice thereof, to submit written objections
and to appear before the Secretary or the Secretary's designee
to show cause why such action should not be taken.
(B) Review of action
If a State educational agency is dissatisfied with the
Secretary's final action after a proceeding under subparagraph
(A), such agency may, not later than 60 days after notice of
such action, file with the United States court of appeals for
the circuit in which such State is located a petition for review
of that action. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary. The
Secretary thereupon shall file in the court the record of the
proceedings on which the Secretary based the Secretary's action,
as provided in section 2112 of title 28.
(C) Review of findings of fact
The 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, and 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.
(D) Jurisdiction of court of appeals; review by United States
Supreme Court
Upon the filing of a petition under subparagraph (B), the
United States court of appeals shall have 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. 91-230, title VI, Sec. 612, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 60.)
References in Text
For the effective date of the Individuals with Disabilities
Education Act Amendments of 1997, referred to in subsec. (c)(1), (3),
see section 201 of Pub. L. 105-17, set out as an Effective Date note
under section 1400 of this title.
The Social Security Act, referred to in subsec. (e), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of the Act are
classified generally to subchapters V (Sec. 701 et seq.) and XIX
(Sec. 1396 et seq.), respectively, of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see section 1305 of Title 42 and Tables.
Prior Provisions
A prior section 1412, Pub. L. 91-230, title VI, Sec. 612, Apr. 13,
1970, 84 Stat. 178; Pub. L. 92-318, title IV, Sec. 421(b)(1)(C), June
23, 1972, 86 Stat. 341; Pub. L. 93-380, title VI, Secs. 614(b), (f)(1),
615(a), title VIII, Sec. 843(b), Aug. 21, 1974, 88 Stat. 581, 582, 611;
Pub. L. 94-142, Secs. 2(a)(4), (c), (d), 5(a), Nov. 29, 1975, 89 Stat.
773, 774, 780; Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat. 1358;
Pub. L. 99-457, title II, Sec. 203(a), Oct. 8, 1986, 100 Stat. 1158;
Pub. L. 100-630, title I, Sec. 102(b), Nov. 7, 1988, 102 Stat. 3291;
Pub. L. 101-476, title IX, Sec. 901(b)(33)-(46), (c), Oct. 30, 1990, 104
Stat. 1143, 1144, 1151; Pub. L. 102-119, Sec. 25(a)(5), (b), Oct. 7,
1991, 105 Stat. 606, 607, related to eligibility requirements, prior to
the general amendment of subchapters I to IV of this chapter by Pub. L.
105-17.
Effective Date
Section effective June 4, 1997, except subsec. (a)(4), (14), (16),
effective July 1, 1998, see section 201(a)(1), (2)(A), of Pub. L. 105-
17, set out as a note under section 1400 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1401, 1411, 1413, 1414,
1415, 1416, 1419, 1435, 1453, 6311 of this title; title 29 section 725.
