Page:United States Statutes at Large Volume 97.djvu/1392

 97 STAT. 1360 PUBLIC LAW 98-199—DEC. 2, 1983 Petition. Judgment, review. educational agency the amount the Secretary estimates would be necessary to pay the cost of such services. "(C) Any determination by the Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the part of the State educa- tional agency to meet the requirements of subsection (a)(4). "(3)(A) The Secretary shall not take any final action under this subsection until the State educational agency affected by such action has had an opportunity, for at least 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary or his designee to show cause why such action should not be taken. "(B) If a State educational agency is dissatisfied with the Secre- tary's final action after a proceeding under subparagraph (A) of this paragraph, it may, within 60 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 Secretary. The Secretary 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. "(C) The findings of fact by the Secretary, if supported by substan- tial 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 thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modi- fied findings of fact shall likewise be conclusive if supported by substantial evidence. "(D) Upon the filing of a petition under subparagraph (B), the court shall have jurisdiction to affirm the action of the Secretary 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. 20 USC 1418. AMENDMENTS RELATING TO EVALUATION SEC. 8. Section 618 of the Act is amended to read as follows: Programs and projects, data collection. EVALUATION "SEC. 618. (a) The Secretary shall directly or by grant, contract, or cooperative agreement, collect data and conduct studies, investiga- tions, and evaluations— "(1) to assess progress in the implementation of this Act, the impact, and the effectiveness of State and local efforts to pro- vide free appropriate public education to all handicapped chil- dren and youth; and "(2) to provide Congress with information relevant to policy- making and provide Federal, State, and local educational agencies with information relevant to program management, administration, and effectiveness with respect to such education. "(b) In carrying out the responsibilities under this section, the Secretary, on at least an annual basis, shall obtain data concerning programs and projects assisted under this Act, and under other

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