Page:United States Statutes at Large Volume 111 Part 1.djvu/124

 Ill STAT. 100 PUBLIC LAW 105-17-JUNE 4. 1997 shall be forthwith transmitted by the clerk of the court to Records the Secretary. The Secretary thereupon shall file in the court the record of the proceedings upon which the Secretary's action was based, as provided in section 2112 of title 28. United States Code "(2) JURISDICTION: REVIEW BY UNITED STATES SUPREME COURT. —Upon the filing of such petition, the court shall have 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, United States Code. "(3) STANDARD OF REVIEW.— 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 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. "(c) DIVIDED STATE AGENCY RESPONSIBILITY.— For purposes of this section, where responsibility for ensuring that the requirements of this part are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons is assigned to a public agency other than the State educational agency pursuant to section 612(a)(ll)(C), the Secretary, in instances where the Secretary finds that the failure to comply substantially with the provisions of this part are related to a failure by the public agency, shall take appropriate corrective action to ensure compliance with this part, except— "(1) any reduction or withholding of payments to the State is proportionate to the total funds allotted under section 611 to the State as the number of eligible children with disabilities in adult prisons under the supervision of the other public agency is proportionate to the number of eligible individuals with disabilities in the State under the supervision of the State educational agency; and "(2) any withholding of funds under paragraph (1) shall be limited to the specific agency responsible for the failure to comply with this part. 20 USC 1417. "SEC. 617. ADMINISTRATION. '(a) RESPONSIBILITIES OF SECRETARY.—In carrying out this part, the Secretary shall— "(1) cooperate with, and (directly or by grant or contract) fiimish technical assistance necessary to, the State in matters relating to— "(A) the education of children with disabilities; and "(B) carrying out this part; and "(2) provide short-term training programs and institutes. "(b) RULES AND REGULATIONS.—In canning out the provisions of this part, the Secretary shall issue regulations under this Act only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements of this Act.

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