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20 U.S.C. § 1221 — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1221 — Judicial review

**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed. **(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may 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 suppor

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1221

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Source file: Laws/federal/codes/united-states-code/title-20/section-1221-judicial-review--adfed0ab77.md
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Source location: Title 20, Chapter 31, § 1221; chapter-031-general-provisions-concerning-education.md

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**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed. **(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may 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) Scope of review; review by Supreme Court** The court shall have jurisdiction to affirm the action of the Office or 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1221 — Short title; applicability; definitions

§ 1221. Short title; applicability; definitions (a) Short title This chapter may be cited as the ‘‘General Education Provisions Act’’. (b) Applicability of chapter (1) Except as otherwise provided, this chapter applies to each applicable program of the De- partment of Education. (2) Except as otherwise provided, this chapter does not apply to any contract made by the De- partment of Education. (c) Definitions As used in this chapter, the following terms have the following meanings: (1) The term ‘‘applicable program’’ means any program for which the Secretary or the Department has administrative responsibility as provided by law or by delegation of author- ity pursuant to law. The term includes each program for which the Secretary or the De- partment has administrative responsibility under the Department of Education Organiza- tion Act [20 U.S.C. 3401 et seq.] or under Fed- eral law effective after the effective date of that Act. (2) The term ‘‘applicable statute’’ means— (A) the Act or the title, part, section, or any other subdivision of an Act, as the case may be, that authorizes the appropriation for an applicable program; (B) this chapter; and (C) any other statute that by its terms ex- pressly controls the administration of an ap- plicable program. (3) The term ‘‘Department’’ means the De- partment of Education. (4) The term ‘‘Secretary’’ means the Sec- retary of Education. (d) Application of other laws unaffected Nothing in this chapter shall be construed to affect the applicability of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], title V of the Rehabilitation Act of 1973 [29 U.S.C. 790 et seq.], the Age Dis- crimination Act [42 U.S.C. 6101

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1221

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