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20 U.S.C. § 7884 — By-pass determination process
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review**
(1) **In general**
(A) *Written objections* — The Secretary shall not take any final action under [section 7882 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7882&num=0&edition=prelim) until the State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity affected by the action has had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary to show cause why that action should not be taken.
(B) *Prior to reduction* — Pending final resolution of any investigation or complaint that could result in a determination under this section, the Secretary may withhold from the allocation of the affected State educational agency or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of those services.
(2) **Petition for review**
(A) *Petition* — If the affected agency, consortium, or entity is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1), the agency, consortium, or entity may, within 60 days after notice of that action, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action.
(B) *Transmission* — A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary.
(C) *Filing* — The Secretary, upon receipt of the copy of the petition, shall file in the court the record of the proceedings on which the Secretary based the action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(3) **
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Source file: Laws/federal/codes/united-states-code/title-20/section-7884-by-pass-determination-process--922196a920.md
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Source location: Title 20, Chapter 70, § 7884; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) Review**
(1) **In general**
(A) *Written objections* — The Secretary shall not take any final action under [section 7882 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7882&num=0&edition=prelim) until the State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity affected by the action has had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary to show cause why that action should not be taken.
(B) *Prior to reduction* — Pending final resolution of any investigation or complaint that could result in a determination under this section, the Secretary may withhold from the allocation of the affected State educational agency or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of those services.
(2) **Petition for review**
(A) *Petition* — If the affected agency, consortium, or entity is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1), the agency, consortium, or entity may, within 60 days after notice of that action, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action.
(B) *Transmission* — A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary.
(C) *Filing* — The Secretary, upon receipt of the copy of the petition, shall file in the court the record of the proceedings on which the Secretary based the action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(3) **Findings of fact**
(A) *In general* — The findings of fact by the Secretary, if supported by substantial 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 then make new or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court the record of the further proceedings.
(B) *New or modified findings* — Any new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(4) **Jurisdiction**
(A) *In general* — Upon the filing of a petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part.
(B) *Judgment* — 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).
**(b) Determination** Any determination by the Secretary under this section shall continue in effect until the Secretary determines, in consultation with that agency, consortium, or entity and representatives of the affected private school children, teachers, or other educational personnel, that there will no longer be any failure or inability on the part of the agency, consortium, or entity to meet the applicable requirements of [section 7881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7881&num=0&edition=prelim) or any other provision of this chapter.
**(c) Payment from State allotment** When the Secretary arranges for services pursuant to this section, the Secretary shall, after consultation with the appropriate public and private school officials, pay the cost of those services, including the administrative costs of arranging for those services, from the appropriate allocation or allocations under this chapter.
**(d) Prior determination** Any by-pass determination by the Secretary under this chapter as in effect on the day preceding January 8, 2002, shall remain in effect to the extent the Secretary determines that that determination is consistent with the purpose of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Private school participation**
(1) **In general** — Except as otherwise provided in this chapter, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program.
(2) **Secular, neutral, and nonideological services or benefits** — Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological.
(3) **Special rule**
(A) *In general* — Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner.
(B) *Ombudsman* — To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under [section 6320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section63
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7881
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If, by reason of any provision of law, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or other entity is prohibited from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private elementary schools and secondary schools, on an equitable basis, or if the Secretary determines that the agency, consortium, or entity has substantially failed or is unwilling to provide for that participation, as required by [section 7881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7881&num=0&edition=prelim), the Secretary shall—
(1) waive the requirements of that section for the agency, consortium, or entity; and
(2) arrange for the provision of equitable services to those children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections 7881, 7883, and 7884 of this title.
**(b) Determination** In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other educational personnel to participate in the program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7882
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112
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Federal law — U.S. Code and appendices · legal_authorities
Page 1639
TITLE 20—EDUCATION
§ 7884
3794, authorized appropriations, prior to the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 8001(b)(4), made
technical amendment to reference in original act which
appears in two places in text as reference to section
7881 of this title.
Subsec. (a)(2). Pub. L. 114–95, § 8016, made technical
amendment to reference in original act which appears
in text as reference to sections 7883 and 7884 of this
title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
§ 7883. Complaint process for participation of
private school children
(a) Procedures for complaints
The Secretary shall develop and implement
written procedures for receiving, investigating,
and resolving complaints from parents, teach-
ers, or other individuals and organizations con-
cerning violations of section 7881 of this title by
a State educational agency, local educational
agency, educational service agency, consortium
of those agencies, or entity. The individual or
organization shall submit the complaint to the
State educational agency for a written resolu-
tion by the State educational agency within 45
days.
(b) Appeals to Secretary
The resolution may be appealed by an inter-
ested party to the Secretary not later than 30
days after the State educational agency resolves
the complaint or fails to resolve the complaint
within the 45-day time limit. The appeal shall be
accompanied by a copy of the State educational
agency’s r
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7884
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