§ 1416. — Withholding and judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1416]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH
DISABILITIES
Sec. 1416. Withholding and judicial review
(a) Withholding of payments
(1) In general
Whenever the Secretary, after reasonable notice and opportunity
for hearing to the State educational agency involved (and to any
local educational agency or State agency affected by any failure
described in subparagraph (B)), finds--
(A) that there has been a failure by the State to comply
substantially with any provision of this subchapter; or
(B) that there is a failure to comply with any condition of
a local educational agency's or State agency's eligibility under
this subchapter, including the terms of any agreement to achieve
compliance with this subchapter within the timelines specified
in the agreement;
the Secretary shall, after notifying the State educational agency,
withhold, in whole or in part, any further payments to the State
under this subchapter, or refer the matter for appropriate
enforcement action, which may include referral to the Department of
Justice.
(2) Nature of withholding
If the Secretary withholds further payments under paragraph (1),
the Secretary may determine that such withholding will be limited to
programs or projects, or portions thereof, affected by the failure,
or that the State educational agency shall not make further payments
under this subchapter to specified local educational agencies or
State agencies affected by the failure. Until the Secretary is
satisfied that there is no longer any failure to comply with the
provisions of this subchapter, as specified in subparagraph (A) or
(B) of paragraph (1), payments to the State under this subchapter
shall be withheld in whole or in part, or payments by the State
educational agency under this subchapter shall be limited to local
educational agencies and State agencies whose actions did not cause
or were not involved in the failure, as the case may be. Any State
educational agency, State agency, or local educational agency that
has received notice under paragraph (1) shall, by means of a public
notice, take such measures as may be necessary to bring the pendency
of an action pursuant to this subsection to the attention of the
public within the jurisdiction of such agency.
(b) Judicial review
(1) In general
If any State is dissatisfied with the Secretary's final action
with respect to the eligibility of the State under section 1412 of
this title, such State 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 upon which the
Secretary's action was based, as provided in section 2112 of title
28.
(2) Jurisdiction; review by United States Supreme Court
Upon the filing of such petition, the court 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.
(3) Standard of review
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.
(c) Divided State agency responsibility
For purposes of this section, where responsibility for 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 is assigned to a public agency other than
the State educational agency pursuant to section 1412(a)(11)(C) of this
title, the Secretary, in instances where the Secretary finds that the
failure to comply substantially with the provisions of this subchapter
are related to a failure by the public agency, shall take appropriate
corrective action to ensure compliance with this subchapter, except--
(1) any reduction or withholding of payments to the State is
proportionate to the total funds allotted under section 1411 of this
title to the State as the number of eligible children with
disabilities in adult prisons under the supervision of the other
public agency is proportionate to the number of eligible individuals
with disabilities in the State under the supervision of the State
educational agency; and
(2) any withholding of funds under paragraph (1) shall be
limited to the specific agency responsible for the failure to comply
with this subchapter.
(Pub. L. 91-230, title VI, Sec. 616, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 99.)
Prior Provisions
A prior section 1416, Pub. L. 91-230, title VI, Sec. 616, as added
Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 789; amended Pub. L.
98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100-630, title
I, Sec. 102(f), Nov. 7, 1988, 102 Stat. 3294; Pub. L. 101-476, title IX,
Sec. 901(b)(76), Oct. 30, 1990, 104 Stat. 1145; Pub. L. 102-119,
Sec. 25(b), Oct. 7, 1991, 105 Stat. 607, related to withholding of
payments, prior to the general amendment of subchapters I to IV of this
chapter by Pub. L. 105-17.
Section Referred to in Other Sections
This section is referred to in sections 1411, 1442 of this title.
