Page:United States Statutes at Large Volume 88 Part 1.djvu/586

 542

Notice and hearing opportunity.

J u d i c i a l review.

Jurisdiction.

PUBLIC LAW 93-380-AUG. 21, 1974

STAT.

"(e) If the Commissioner determines that a State or a local educational agency has substantially failed to provide for the participation on an equitable basis of children enrolled in private elementary and secondary schools as required by this section, he shall arrange for the provision of services to such children throUjTh arrangements which shall be subject to the requirements of this section. "(f) When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allotment of the State under this title. "(8')(1) The Commissioner shall not take any final action under this section until he has aiforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with r'ospect thereto on the record. "(2) If a State or local educational agency is dissatisfied with the Commissioner's final action after a hearing under subparagraph (A) of this paragraph, it 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. "(-5) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shovvn, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified (indings of fact and may modify his 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) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole 01' in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certificarion as provided in section 1254 of title 28, United States Code.". 'PART

15—LIBRARIES AND LEARNING PROGRAMS

Grants to States. 20 USC 1821.

[88

RESOURCES

AUTHORIZED

"SKC. 421. (a) The Commissioner shall carry out a program for making grants to the States (pursuant to State plans approved under section 403) — " (1) for the ac(iuisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools; "(2) for the acquisition of instructional equipment (including laboratory and other special equipment, including audio-visual materials and equipment suitable for use in providing education in academic subjects) for use by children and teachers in elementary and secondary schools, and for minor remodeling of laboratory or other space used by such schools for such equipment; and "(3) for (A) a program of testing students in the elementary and secondary schools, (B) programs of counseling and guidance services for students iat the appropriate levels in elementary and

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