§ 7711. — Administrative hearings 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: 20USC7711]
TITLE 20--EDUCATION
CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY
SCHOOLS
SUBCHAPTER VIII--IMPACT AID
Sec. 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 if the local educational agency or
State, as the case may be, submits to the Secretary a request for the
hearing not later than 60 days after the date of the action of the
Secretary under this subchapter.
(b) Judicial review of secretarial action
(1) In general
A 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 30 working days (as
determined by the local educational agency or State) 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 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. 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) Review
The 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, Sec. 8011, as added Pub. L. 103-382, title
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3768; amended Pub. L. 106-398,
Sec. 1 [[div. A], title XVIII, Sec. 1814(a)(1), (b)], Oct. 30, 2000, 114
Stat. 1654, 1654A-387.)
References in Text
Act 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 (Sec. 236 et seq.) of this
title prior to repeal by Pub. L. 103-382, title III, Sec. 331(b), Oct.
20, 1994, 108 Stat. 3965. For complete classification of this Act to the
Code, see Tables.
Amendments
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title XVIII,
Sec. 1814(a)(1)], inserted ``if the local educational agency or State,
as the case may be, submits to the Secretary a request for the hearing
not later than 60 days after the date of the action of the Secretary
under this subchapter'' before period at end.
Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title XVIII,
Sec. 1814(b)], substituted ``30 working days (as determined by the local
educational agency or State)'' for ``60 days''.
Effective Date of 2000 Amendment
Pub. L. 106-398, Sec. 1 [[div. A], title XVIII, Sec. 1814(a)(2)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-387, provided that: ``The amendment
made by paragraph (1) [amending this section] shall apply with respect
to an action of the Secretary under title VIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) initiated on or
after the date of the enactment of this Act [Oct. 30, 2000].''
Section Referred to in Other Sections
This section is referred to in section 7709 of this title.
