Page:United States Statutes at Large Volume 115 Part 2.djvu/994

 115 STAT. 1978 PUBLIC LAW 107-110—JAN. 8, 2002 individuals and organizations concerning violations of section 9501 by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational agency within a reasonable period of time. Deadline. "(b) APPEALS TO SECRETARY. —The resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within a reasonable period of time. The appeal shall be accompanied by a copy of the State educational agency's resolution, and a complete statement of the reasons sup- Deadline, porting the appeal. The Secretary shall investigate and resolve the appeal not later than 120 days after receipt of the appeal. 20 USC 7884. "SEC. 9504. BY-PASS DETERMINATION PROCESS. "(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.—I f 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 Secretary. "(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.

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