Page:United States Statutes at Large Volume 108 Part 5.djvu/415

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3905 "(C) The Secretary upon receipt of the copy of the petition Records, shall file in the court the record of the proceedings on which the Secretary based this action, as provided in section 2112 of title 28, United States Code. "(3) FINDINGS OP FACT. —(A) The findings of fact by the Records. 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. "(B) Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(4) JURISDICTION. —(A) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set such action aside, in whole or in part. "(B) 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 such agency or consortium 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 such agency or consortium to meet the applicable requirements of section 14503 or any other provision of this Act. "(c) PAYMENT FROM STATE ALLOTMENT.— W hen 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 such 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 Improving America's Schools Act of 1994 shall remain in effect to the extent the Secretary determines that such determination is consistent with the purpose of this section. "SEC. 14507. PROHrorriON AGAINST FUNDS FOR RELIGIOUS WORSmP 20 USC 8897. OR INSTRUCTION. "Nothing contained in this Act shall be construed to authorize the making of any payment under this Act for religious worship or instruction. "SEC. 14508. APPLICABILITY TO HOME SCHOOLS. 20 USC 8898. "Nothing in this Act shall be construed to affect home schools. "SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT 20 USC 8899. NONPUBLIC SCHOOLS. "Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this Act.

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