Page:United States Statutes at Large Volume 108 Part 5.djvu/278

 108 STAT. 3768 PUBLIC LAW 103-382—OCT. 20, 1994 the requirements of clause (ii) of such subparagraph, if such child meets the requirements of paragraph (3) of this subsection. "(3) REQUIREME^^^s.—^A child meets the requirements of this paragraph if— "(A) such child resides— "(i) in a State adjacent to the State in which the local educational agency serving the school such child attends is located; or "(ii) with a parent employed on Federal property in a State adjacent to the State in which such agency is located; "(B) the schools of such agency are within a more reasonable commuting distance of such child's home than the schools of the local educational agency that serves the school attendance area where such child resides; "(C) attending the schools of the local educational agency that serves the school attendance area where such child resides will impose a substantial hardship on such child; "(D) the State in which such child attends school provides funds for the education of such child on the same basis as all other public school children in the State, unless otherwise permitted under section 5(d)(2) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) or section 8009(b) of this title; and "(E) such agency received a payment for fiscal year 1994 under section 8003(b) (or such section's predecessor authority) on behalf of children described in paragraph (2). 20 USC 7711. "SEC. 8011. ADMmiSTRATIVE HEARINGS AND JUDICIAL REVIEW. "(a) ADMINISTRATIVE HEARINGS.—A local educational agency and a State that is adversely affected by any action of the Secretary under this title or under the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) 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, United States Code. "(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 60 days 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 action was based, as provided in section 2112 of title 28, United States Code. "(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

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