Page:United States Statutes at Large Volume 88 Part 1.djvu/610

 566

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT,

year funds are used to carry out such programs. Such compilation shall be indexed according to subject, descriptive terms, and locations. " R E VI E W OF APPLICATION S 20 USC 1231b-2.

20 USC 236.

Appeal.

Records, ability.

Noncompliance.

Effective date. 20 USC 1231b-l note.

"SEC. 425. (a) I n the case of any applicable program under which financial assistance is provided to (or through) a State educational agency to be expended in accordance with a State plan approved by the Commissioner, and in the case of the program provided for in title I of the Elementary and Secondary Education Act of 1965, any applicant or recipient aggrieved by the final action of the State educational agency, and alleging a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program, in (1) disapproving or failing to approve its application or program in whole or part, (2) failing to provide funds in amounts in accord with the requirements of laws and regulations, or (8) terminating further assistance for an approved program, may within thirty dsijs request a hearing. Within thirty days after it receives such a request, the State educational agency shall hold a hearing on the record and shall review such final action. No later than ten days after the hearing the State educational agency shall issue its written ruling, including reasons therefor. If it determines such final action was contrary to Federal or State law, or the rules, regulations, and guidelines, governing such applicable program it shall rescind such final action. "(b) Any applicant or recipient aggrieved by the failure of a State educational agency to rescind its final action after a review under such subsection (a) may appeal such action to the Commissioner. An appeal under this subsection may be taken only if notice of such appeal is filed with the Commissioner within twenty days after the applicant or recipient has been notified by the State educational agency of the results of its review under subsection (a). If, on such appeal, the Commissioner determines the final action of the State educational agency was contrary to Federal law, or the rules, regulations, and guidelines governing the applicable program, he shall issue an order to the State educational agency prescribing appropriate action to be taken by such agency. On such appeal, findings of fact of the State educational agency, if supported by substantial evidence, shall be final. The Commissioner may also issue such interim orders to State educational agencies as he may deem necessary and appropriate pending appeal or review. "(c) Each State educational agency shall make available at reasonable times and places to each applicant or recipient under a program to which this section applies all records of such agency pertaining to any review or appeal such applicant or recipient is conducting under this section, including records of other applicants. " (d) If any State educational agency fails or refuses to comply with any provision of this section, or with any ord^r of the Commissioner under subsection (b), the Commissioner shall forthwith terminate all assistance to the State educational agency under the applicable proi^ram affected.". (b) The amendments made by subsection (a) shall be effective on the date of enactment of this Act. AMENDMENTS TO SECTION 4 3 1 OF THE GENERAL EDUCATION PROVISIONS ACT RELATING TO RULES, REGULATIONS, AND OTHER REQUIREMENTS OF GENERAL A P P L I C A B I L I T Y

20 USC 1232.

SEC. 509. (a)(1) Section 431(b) of the General Education Provisions Act is amended by inserting " (1) " after " (b) " and by adding at the end thereof the following:

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