Page:United States Statutes at Large Volume 92 Part 2.djvu/1070

 92 STAT. 2350

PUBLIC LAW 95-561—NOV. 1, 1978

complaint has been served shall have the right to appear before the r Board on the date specified and to show cause why an order should not be entered by the Board requiring such State or such local educational agency to cease and desist from the violation of law charged in the complaint. Testimony, filing. "(c) The testimony in any hearing held under this section shall be Report. reduced to writing and filed with the Board. If upon that hearing the Board shall be of the opinion that the State or the local educational agency is in violation of any requirement of law as charged in the complaint, it shall make a report in writing stating its findings of fact and shall issue and cause to be served upon the State or the local educational agency an order requiring the State or the local educational agency to cease and desist from the practice, policy, or procedure which resulted in such violation. "(d) The report and order of the Board shall become final on the sixtieth day following the date upon which the order of the Board was served upon the State or the local educational agency unless before that day the State or local educational agency files a petition for judicial review as provided in section 455 of this Act. Enforcement. "(e) A final order of the Board under this section may be enforced, as determined by the Commissioner, by— "(1) the withholding of any portion of the amount payable, y including amounts payable for administrative costs, under the affected program to the State or the local educational agency against which the final order has been issued, or Certification. "(2) the Commissioner certifying the facts to the Attorney General whose duty it shall be to cause appropriate proceeding to be brought for the enforcement of the order. (.(.JUDICIAL Entitlement. 20 USC 1234d.

REVIEW

"SEC. 455. (a) Any recipient of funds under an applicable program that would be adversely affected by any action under section 452, 453, or 454 of this Act, and any State entitled to receive funds under Ante, p. 2343. a program listed in section 435(a) of this title whose application therefor has been disapproved by the Commissioner, shall be entitled to judical review of such action in accordance with the provision of this section. Petition,filingand " (b) Any State, local educational agency, or other recipient entitled copy. to judicial review under subsection (a) that desires such review of any action by the Commissioner or the Board qualifying for review under this section shall, within sixty days of that action, file with the United States Court of Appeals for the circuit in which that State, local educational agency, or other recipient is located, a petition for review of such 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 the action was based, as provided in section 2112 of title 28, United States Code. "(c) The findings of fact by the Board, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Board to take further evidence, and the Board may thereupon make new or modified findings of fact and may modify its 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. "(d) The court shall have jurisdiction to affirm the action of the Board or the Commissioner or to set it aside, in whole or in part. The

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