§ 7711. Administrative hearings and judicial review
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/usc/title-20/section-7711A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Administrative hearings A local educational agency and a State that is adversely affected by any action of the Secretary under this subchapter 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)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 VII, § 7011, formerly title VIII, § 8011, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3768; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1814(a)(1), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–387; renumbered title VII, § 7011, and amended Pub. L. 114–95, title VII, §§ 7001(c)(2), 7011, Dec. 10, 2015, 129 Stat. 2074, 2087.)
Connections29 cite this · traces to 5
Cited by 29 sections · top 26
public-private-law
CFR
- § 222.152When may a local educational agency request reconsideration of a determination?
- § 222.159When and where does a party seek judicial review?
- § 222.158What procedures apply to the Secretary's review of an initial decision?
- § 222.157What procedures apply for issuing or appealing an administrative law judge's decision?
- § 222.154How must written submissions under this subpart be filed?
- § 222.155When and where is an administrative hearing held?
- § 222.156How is an administrative hearing conducted?
- § 222.150What is the scope of this subpart?
- § 222.151When is an administrative hearing provided to a local educational agency?
- § 222.153How must a local educational agency request an administrative hearing?
statutes-at-large
- Public Law 114–95To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves
- Public Law 106–398To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
statute-compilations
bill
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 410Administrative hearings and judicial review
- Sec. 12Additional and conforming amendments
6 references not yet in our index
- Pub. L. 89–10, title VII, § 7011
- Pub. L. 103–382, title I, § 101
- 108 Stat. 3768
- Pub. L. 106–398, § 1 [[div. A]
- 114 Stat. 1654
- 129 Stat. 2074
Citation graph
cites case law
§ 7711
Administrative hearings and judicial review
Bills×10
C.F.R.×10
Stat.×3
U.S.C.×3
Stat. Comp.×2
Pub. L.×1
Pub. L.Pub. L. 89–10, title VII, § 7011
Pub. L.Pub. L. 103–382, title I, § 101
Stat.108 Stat. 3768
Pub. L.Pub. L. 106–398, § 1 [[div. A]
Stat.114 Stat. 1654
Cites 11 · showing 10Cited by 29 across 6 sources