20 U.S.C. § 7884 — By-pass determination process

(a) Review. (1)(A) The Secretary may not take final action under section 7882 until the affected agency, consortium, or entity has had at least 45 days after written notice to submit objections and appear before the Secretary to show why the action should not occur. (B) While an investigation or complaint that could lead to this decision is unresolved, the Secretary may withhold from the affected State or local agency’s allocation the amount the Secretary estimates is needed to pay for the services. (2) Petition for review. (A) An affected agency, consortium, or entity dissatisfied with final action after that proceeding may, within 60 days after notice, petition the United States court of appeals for the circuit where the State is located. (B) The clerk must promptly send a copy to the Secretary. (C) The Secretary must file the proceeding’s record as section 2112 of title 28 provides. (3) Findings of fact. (A) 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, change the action, and file the further record. (B) New or changed findings are likewise conclusive if substantially supported. (4) Jurisdiction. (A) Once a petition is filed, the court may affirm or set aside the Secretary’s action, wholly or partly. (B) The judgment may be reviewed by the Supreme Court by certiorari or certification under section 1254 of title 28. (b) Determination. A Secretary’s determination continues until, after consulting the affected agency, consortium, or entity and representatives of affected private-school people, the Secretary finds that the failure or inability to meet section 7881 or another chapter requirement no longer exists. (c) Payment from State allotment. When arranging services, the Secretary must consult appropriate public- and private-school officials and pay service and administrative arrangement costs from the appropriate chapter allocation or allocations. (d) Prior determination. A bypass determination made under this chapter before January 8, 2002 remains in effect to the extent the Secretary finds it consistent with this section’s purpose.