SEC. 8018.




Section Summary




Section 8504(a)(1)(A), <<NOTE: 20 USC 7884.>> as redesignated by

section 8001 of this Act, is amended by striking ``9502'' and inserting




``(a) Review.--

``(1) In general.--

``(A) Written objections.--The Secretary shall not

take any final action under section 9502 until the State

educational agency, local educational agency,

educational service agency, consortium of those

agencies, or entity affected by the action has had an

opportunity, for not less than 45 days after receiving

written notice thereof, to submit written objections and

to appear before the Secretary to show cause why that

action should not be taken.

``(B) Prior to reduction.--Pending final resolution

of any investigation or complaint that could result in a

determination under this section, the Secretary may

withhold from the allocation of the affected State

educational agency or local educational agency the

amount estimated by the Secretary to be necessary to pay

the cost of those services.

``(2) Petition for review.--

``(A) Petition.--If the affected agency, consortium,

or entity is dissatisfied with the Secretary's final

action after a proceeding under paragraph (1), the

agency, consortium, or entity may, within 60 days after

notice of that action, file with the United States court

of appeals for the circuit in which the State is located

a petition for review of that action.

``(B) Transmission.--A copy of the petition shall be

forthwith transmitted by the clerk of the court to the


``(C) Filing.--The Secretary, upon receipt of the

copy of the petition, shall file in the court the record

of the proceedings on which the Secretary based the

action, as provided in section 2112 of title 28, United

States Code.

``(3) Findings of fact.--

``(A) In general.--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 then 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.

[[Page 115 STAT. 1979]]

``(B) New or modified findings.--Any new or modified

findings of fact shall likewise be conclusive if

supported by substantial evidence.

``(4) Jurisdiction.--

``(A) In general.--Upon the filing of a petition,

the court shall have jurisdiction to affirm the action

of the Secretary or to set the action aside, in whole or

in part.

``(B) Judgment.--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.

``(b) Determination.--Any determination by the Secretary under this

section shall continue in effect until the Secretary determines, in

consultation with that agency, consortium, or entity and representatives

of the affected private school children, teachers, or other educational

personnel, that there will no longer be any failure or inability on the

part of the agency, consortium, or entity to meet the applicable

requirements of section 9501 or any other provision of this Act.

``(c) Payment From State Allotment.--When the Secretary arranges for

services pursuant to this section, the Secretary shall, after

consultation with the appropriate public and private school officials,

pay the cost of those services, including the administrative costs of

arranging for those services, from the appropriate allocation or

allocations under this Act.

``(d) Prior Determination.--Any by-pass determination by the

Secretary under this Act as in effect on the day preceding the date of

enactment of the No Child Left Behind Act of 2001 shall remain in effect

to the extent the Secretary determines that that determination is

consistent with the purpose of this section.