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20 U.S.C. § 3603 — State plan

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

20 U.S.C. § 3603 — State plan

**(a) Submission by State educational agency receiving administrative funds for programs; contents** Not later than six months after June 14, 1980, the State educational agency of any State which receives administrative funds for any applicable program (as defined under section 1221(c)(1)(A) 11 See References in Text note below. of this title) shall submit to the Secretary a plan which— (1) describes the manner in which the State, not later than nine months after June 14, 1980, shall distribute to local educational agencies within that State’s jurisdiction information describing— (A) the programs established under this chapter; (B) the health hazards associated with exposure to asbestos fibers; and (C) the procedures established by the Secretary under [section 3606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606&num=0&edition=prelim) for carrying out activities under programs under this chapter, and such other relevant information regarding such activities as the State considers desirable; (2) contains a general description of the content of the information to be distributed in accordance with paragraph (1) and provides assurances that the State shall continually revise such information and distribute such revised material to local educational agencies to ensure that such agencies have available to them the most recent material available with regard to the matters referred to in paragraph (1); (3) describes the procedures to be used by the State for maintaining records on— (A) the presence of asbestos materials in school buildings of local educational agencies; (B) the asbestos detection, containment, or removal activities conducted by local educational agencies (including activities relating to the repla

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Stable record: federal_law:legal_authorities:record_usc_04a13aedbf92f03dcea5f159
Source file: Laws/federal/codes/united-states-code/title-20/section-3603-state-plan--f3fcfae100.md
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Source location: Title 20, Chapter 49, § 3603; chapter-049-asbestos-school-hazard-detection-and-control.md

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**(a) Submission by State educational agency receiving administrative funds for programs; contents** Not later than six months after June 14, 1980, the State educational agency of any State which receives administrative funds for any applicable program (as defined under section 1221(c)(1)(A) 11 See References in Text note below. of this title) shall submit to the Secretary a plan which— (1) describes the manner in which the State, not later than nine months after June 14, 1980, shall distribute to local educational agencies within that State’s jurisdiction information describing— (A) the programs established under this chapter; (B) the health hazards associated with exposure to asbestos fibers; and (C) the procedures established by the Secretary under [section 3606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606&num=0&edition=prelim) for carrying out activities under programs under this chapter, and such other relevant information regarding such activities as the State considers desirable; (2) contains a general description of the content of the information to be distributed in accordance with paragraph (1) and provides assurances that the State shall continually revise such information and distribute such revised material to local educational agencies to ensure that such agencies have available to them the most recent material available with regard to the matters referred to in paragraph (1); (3) describes the procedures to be used by the State for maintaining records on— (A) the presence of asbestos materials in school buildings of local educational agencies; (B) the asbestos detection, containment, or removal activities conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); and (C) repairs made to restore school buildings to conditions comparable to those existing before the containment or removal activities referred to in subparagraph (B) were undertaken; and (4) designates a State agency or other administrative unit with the responsibility for submitting to the Secretary the reports described in subsection (b) of this section and provides assurances that such agency or unit shall carry out the duties specified under subsection (b). **(b) Reporting requirements respecting plan implementation** Not later than six months after the submission of the plan described in subsection (a), and each six months thereafter during the two-year period beginning on June 14, 1980, the State agency or unit designated under paragraph (4) of subsection (a) shall submit to the Secretary a report which describes the actions taken by the State in accordance with its plan under such subsection.

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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

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

20 U.S.C. § 3606 — Standards and safety procedures

**(a) Establishment and distribution to designated State agency or unit; establishment of criteria for loan program eligibility** (1) Within 120 days after the first meeting of the Task Force, and after consultation with the Task Force, the Secretary shall establish and distribute to the State agency or unit designated under [section 3603(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3603/a/4&num=0&edition=prelim)— (A) procedures for testing the level of asbestos fibers in schools, including safety measures to be followed in conducting such tests; (B) standards for evaluating (on the basis of such tests) the likelihood of the leakage of asbestos fibers into the school environment; and (C) standards for determining which contractors are qualified to carry out the testing and evaluation described in this paragraph. (2) After consulting with the Task Force, the Secretary shall establish criteria to be used for determining eligibility for loans under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim). The criteria shall be based on the assessment of the extent of the health hazards posed by the presence of asbestos fibers in schools, as determined in accordance with standards under paragraph (1)(B) of this subsection. **(b) Establishment of regulations** After reviewing recommendations submitted to the Secretary by the Task Force under [section 3602(e)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3602/e/5&num=0&edition=prelim), the Secretary, with the concurrence of the Task Force, shall by regulation establish— (1) procedures to be used by local educational agencies, in programs for

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

20 U.S.C. § 3603 — State plan

Page 1188 TITLE 20—EDUCATION § 3603 1 See References in Text note below. ceed the daily equivalent of the maximum an- nual rate of pay in effect for grade GS–16 of the General Schedule, for each day (including trav- eltime) during which they are engaged in the performance of the duties of the Task Force. (2) While away from their homes or regular places of business in the performance of the du- ties of the Task Force, all members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, in the same man- ner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (d) Availability of Department of Education per- sonnel; use of mails (1) Upon request of the Task Force, the Sec- retary shall make available to the Task Force personnel of the Department of Education to as- sist the Task Force in carrying out its duties. (2) The Task Force may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (e) Duties The duties of the Task Force shall include— (1) the compilation of medical, scientific, and technical information explaining— (A) the health and safety hazards associ- ated with asbestos materials; and (B) the means of identifying, sampling, and testing materials suspected of emitting asbestos fibers; (2) the distribution of the information de- scribed in paragraph (1) (in any appropriate form such as pamphlets, reports, or instruc- tions) to State educational agencies and to local educational agencies for the purpose of assisting such agencies in carrying out activi- ties described in this chapter; (3) the review of applications for grants and loans under sections 3604 and 3605

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