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

in plain englishAI-generated · not legal advice

A school district or state harmed by the Secretary's decision can request a hearing within 60 days. If still unhappy, they can appeal to a federal court of appeals within 30 working days. The court can uphold or overturn the Secretary's decision, and the Supreme Court can review that.

(a) Administrative hearings: A local school district or state harmed by something the Secretary does under this subchapter can get a hearing, the same way a person would under chapter 5 of title 5, but only if they ask the Secretary for the hearing within 60 days of the Secretary's action. (b) Judicial review: (1) In general -- A district or state unhappy with the Secretary's final decision after that hearing can, within 30 working days of getting notice, file a petition asking the U.S. court of appeals for their circuit to review the decision. The court clerk sends a copy to the Secretary, who must then file the full record of the proceedings with the court. (2) Findings of fact -- The Secretary's factual findings are final if solid evidence backs them up, but the court can send the case back to the Secretary for more evidence if there's good reason. The Secretary can then make new findings and change the earlier decision, and must file the new record with the court; those new findings are final too if solid evidence supports them. (3) Review -- The court alone has power to uphold or strike down the Secretary's action, in whole or in part. The Supreme Court can still review the court's judgment through certiorari or certification.

the actual law source: uscode.house.gov ↗public domain

(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.

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.)

history & why it existsrecord from the source credit

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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