Page:United States Statutes at Large Volume 115 Part 2.djvu/803

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1787 school officials, pay the cost of such services, including the administrative costs of arranging for those services, from the appropriate allotment of the State educational agency under this part. "(h) REVIEW OF DETERMINATION.— "(1) WRITTEN OBJECTIONS.— The Secretary shall not take any final action under this section until the State educational agency and the local educational agency affected by such action have had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary or the Secretary's designee to show cause why that action should not be taken. "(2) COURT ACTION.—If a State educational agency or local Deadline, educational agency is dissatisfied with the Secretary's final action after a proceeding under paragraph (1), such agency may, not later than 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in Records, 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) REMAND TO SECRETARY. —The findings of fact by the Secretary with respect to a proceeding under paragraph (1), if supported by substantial evidence, shall be conclusive. The court, for good cause shown, may remand the case to the Secretary to take further evidence and the Secretary may 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. "(4) COURT REVIEW. —Upon the filing of a petition under paragraph (2), the court shall have jurisdiction to affirm the action of the Secretary or to set such action aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court upon certiorari or certification, as provided in section 1254 of title 28, United States Code. "(i) PRIOR DETERMINATION.— Any bypass determination by the Applicability. Secretary under title VI (as such title was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001) shall, to the extent consistent with the purposes of this part, apply to programs under this part. «SEC. 5143. FEDERAL ADMINISTRATION. 20 USC 7217b. "(a) TECHNICAL ASSISTANCE.— The Secretary, upon request, shall provide technical assistance to State educational agencies and local educational agencies under this part. "(b) RULEMAKING.— The Secretary shall issue regulations under this part only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this part. "(c) AVAILABILITY OF APPROPRIATIONS.— Notwithstanding any other provision of law, unless expressly in limitation of this subsection, funds appropriated in any fiscal year to carry out programs under this part shall become available for obligation on July 1 of such fiscal year and shall remain available for obligation until the end of the subsequent fiscal year.

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