20 U.S.C. § 7711 — Administrative hearings and judicial review
submitted 32 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 346 words · no verdicts yet
This section gives affected local educational agencies and States rights to an administrative hearing and judicial review of the Secretary’s actions.
(a) Administrative hearings. A local educational agency or State adversely affected by the Secretary’s action under this subchapter is entitled to a hearing in the same way as a person under title 5, chapter 5, if it asks the Secretary for a hearing within 60 days after the action.
(b) Judicial review. (1) General rule. A local educational agency or State harmed by the Secretary’s final decision after that hearing may, within 30 working days after receiving notice, file a review petition in the United States court of appeals for the circuit where the agency or State is located. The clerk must promptly send the Secretary a copy. The Secretary must file the proceeding’s record as required by 28 U.S.C. § 2112. (2) Findings of fact. The Secretary’s factual findings are conclusive if supported by substantial evidence. For good cause, the court may send the case back for more evidence. The Secretary may make new or changed findings and change the earlier action, then file the further record. Those findings are likewise conclusive if supported by substantial evidence. (3) Review. The court has exclusive authority to affirm or set aside the Secretary’s action, in whole or in part. The Supreme Court may review the judgment by certiorari or certification under 28 U.S.C. § 1254.
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.
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.
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.
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.
Source credit: (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.)
- 1994Enacted · Pub. L. 89-10 · 108 Stat. 3768
- 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2074, 2087
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 1994-10-20.
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