PUBLIC LAW 103-382—OCT. 20, 1994
108 STAT. 3715
the part of the State or local educational agency to meet the
requirements of subsections (a) and (b).
"(g) PAYMENT FROM STATE ALLOTME^^^.—When the Secretary
arranges for services pursuant to this section, the Secretary shall,
after consultation with the appropriate public and private school
officials, pay the cost of such services, including the administrative
costs of arranging for those services, from the appropriate allotment
of the State under this title.
"(h) REVIEW.—
"(1) WRITTEN OBJECTiONS.The Secretary shall not take
any final action under this section until the State educational
agency and the local educational agency affected by such action
have had an opportunity, for not less than 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 that action should not be taken.
"(2) COURT ACTION. — I f a State or local educational agency
is dissatisfied with the Secretary's final action after a proceeding under paragraph (1), 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 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 this action,
as provided in section 2112 of title 28, United States Code.
"(3) REMAND TO SECRETARY. —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 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.
"(4) COURT REVIEW.— Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the Secretary
or to set such action 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, United States Code.
"(i) PRIOR DETERMINATION.—Any bj^ass determination by the
Secretary under chapter 2 of title I of this Act (as such chapter
was in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) shall, to the extent
consistent with the purposes of this title, apply to programs under
this title.
"SEC. 6403. FEDERAL ADMINISTRATION.
20 USC 7373.
"(a) TECHNICAL ASSISTANCE.—The Secretary, upon request,
shall provide technical assistance to State and local educational
agencies under this title.
"(b) RULEMAKING. —The Secretary shall issue regulations under
this title only to the extent that such regulations are necessary
to ensure that there is compliance with the specific requirements
and assurances required by this title.
79-194 O—95—8:QL3Part5
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