PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3769 to the Secretary to take further evidence. The Secretary may thereupon make new or modified findings of fact ana 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, United States Code. "SEC. 8012. FORGIVENESS OF OVERPAYMENTS. 20 USC 7712. "Notwithstanding any other provision of law, the Secretary may forgive the obligation of a local educational agency to repay, in whole or in part, the amount of any overpayment received under this title, or under the Act of September 30, 1950 (Public Law 874, 81st Congress) or the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such Acts were in effect on the d^ preceding the date of enactment of the Improving America's Scnools Act of 1994), if the Secretary determines that the overpayment was made as a result of an error made by— "(1) the Secretary; or "(2) the local educational agency and repayment of the full amount of the overpayment will result in an undue financial hardship on the agency and seriously harm the agency's educational program. "SEC. 8013. DEFINITIONS. 20 USC 7713. "For purposes of this title: (1) ARMED FORCES.— The term 'Armed Forces' means the Army, Navy, Air Force, and Marine Corps. (2) AVERAGE PER-PUPIL EXPENDITURE.—The term 'average per-pupil expenditure' means— "(A) the aggregate current expenditures of all local educational agencies in the State; divided by "(B) the total number of children in average daily attendance for whom such agencies provided free public education. "(3) CONSTRUCTION. —The term 'construction' means— "(A) the preparation of drawings and specifications for school facilities; "(B) erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities; "(C) inspecting and supervising the construction of school facilities; and "(D) debt service for such activities. "(4) CURRENT EXPENDITURES.—The term 'current expenditures' means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but does not include expenditures for community services, capital outlay, and debt service, or any expenditures made from funds awarded under part A of title I and title VI. The determination of whether an expenditure for the replacement of
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