Page:United States Statutes at Large Volume 81.djvu/124

 90

PUBLIC LAW 90-35-JUNE 29, 1967

[81 SIAT.

the Commissioner shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that tnere is no longer any such failure to comply. "JUDICIAL REVIEW

72 Stat. 941.

62 Stat. 928.

"SEC. 520C. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 520(a) or with his final action under section 520B (b), such State may, within sixty 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 forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. " (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modifiied findings of fact and may modify his previous action, and shall certify to 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) The court shall have jurisdiction to affirm the action of the Commissioner 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." EXTENDING TEACHER F E L L O W S H I P PROGRAM TO I N C L U D E GRADUATE EDUCA-

T I O N FOR P R E S C H O O L AND ADULT AND VOCATIONAL EDUCATION PERSONNEL

20 us^c /i^ff1118.

Definitions.

SEC. 5. (a) The heading of part C of title V of the Higher Education -^^^ ^^ ^^^^ ^^ amended by inserting "AND RELATED EDUCATIONAL P E R S O N N E L " after " F E L L O W S H I P S FOR T E A C H E R S ".

(b)(1) The first sentence of section 521 of the Higher Education Act of 1965 is amended (A) by striking out "elementary and secondary schools" and inserting in lieu thereof "schools", and (B) by inserting "or postsecondary vocational education" after "career in elementary or secondary education". (2) The second sentence of such section is amended by striking out "teacher education programs" and inserting in lieu thereof "programs for the education of teachers and related educational personnel". ^3^ ^^^ g^ mucli of the third sentence of such section as precedes the first comma therein is amended to read as follows: " For the purposes of this part the term 'elementary and secondary education' includes preschool and adult and vocational education, and the term 'career in elementary and secondary education or postsecondary vocational education' means a career of teaching in elementary or secondary schools (including teaching in preschool and adult and vocational education programs) or in postsecondary vocational schools"; (B) the words "elementary or secondary schools", the second time these words occur in such third sentence, are changed to read "such schools"; and (C) the following is inserted in such sentence before the comma after "educational media": "(including educational and instructional television and radio), child development".

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