118 STAT. 2736 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(i) that such withholding will be limited to pro grams or projects, or portions of programs or projects, that affected the Secretary’s determination under sub section (d)(2); or ‘‘(ii) that the State educational agency shall not make further payments under this part to specified State agencies or local educational agencies that caused or were involved in the Secretary’s determination under subsection (d)(2). ‘‘(B) WITHHOLDING UNTIL RECTIFIED.—Until the Sec retary is satisfied that the condition that caused the initial withholding has been substantially rectified— ‘‘(i) payments to the State under this part shall be withheld in whole or in part; and ‘‘(ii) payments by the State educational agency under this part shall be limited to State agencies and local educational agencies whose actions did not cause or were not involved in the Secretary’s determination under subsection (d)(2), as the case may be. ‘‘(7) PUBLIC ATTENTION.—Any State that has received notice under subsection (d)(2) 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 State. ‘‘(8) JUDICIAL REVIEW.— ‘‘(A) IN GENERAL.—If any State is dissatisfied with the Secretary’s action with respect to the eligibility of the State under section 612, 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 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, United States Code. ‘‘(B) 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, United States Code. ‘‘(C) 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 be conclusive if supported by substantial evidence. ‘‘(f) STATE ENFORCEMENT.—If a State educational agency deter mines that a local educational agency is not meeting the require ments of this part, including the targets in the State’s performance Records. Records. Deadline.
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