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20 U.S.C. § 1221 — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(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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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
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) Conditions for availability of funds to educational agencies or institutions; inspection and review of education records; specific information to be made available; procedure for access to education records; reasonableness of time for such access; hearings; written explanations by parents; definitions**
(1)
(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.
(B) No funds under any applicable program shall be made available to any State educational agency (whether or not that agency is an educational agency or institution under this section) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234
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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
### Statutory Notes
Section 1, R.S. § 516, established Office of Education and provided for purpose and duties of Office.
Section 2, R.S. § 517, provided for appointment of a Commissioner of Education to manage Office of Education.
#### Effective Date of Repeal
Pub. L. 92–318, title III, § 301(b)(2)(A), June 23, 1972, 86 Stat. 332, provided that the repeal is effective July 1, 1972.
#### Executive Order No. 11185
Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex. Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661, Mar. 24, 1972, 37 FR 6281, which provided for the coordination of federal education programs, was superseded by Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, formerly set out under [section 1221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1221&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1, 2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants and contracts authorized** The Secretary shall, in accordance with the provisions of this division, carry out a program of making grants and contracts designed to identify qualified individuals from disadvantaged backgrounds, to prepare them for a program of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individuals serving or preparing for service in programs and projects so designed.
**(b) Recipients, duration, and size**
(1) **Recipients** — For the purposes described in subsection (a), the Secretary is authorized, without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim), to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, including community-based organizations with experience in serving disadvantaged youth, combinations of such institutions, agencies and organizations, and, as appropriate to the purposes of the program, secondary schools, for planning, developing, or carrying out one or more of the services assisted under this division.
(2) **Duration** — Grants or contracts made under this division shall be awarded for a period of 5 years, except that—
(A) in order to synchronize the awarding of grants for programs under this division, the Secretary may, under such terms as are consistent with the purposes of this division, provide a one-time, limited extension of the length of such an award;
(B) grants made under [section 1070a–17 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a-17&num=0&editio
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070a–12
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information dissemination activities**
(1) Each eligible institution participating in any program under this subchapter shall carry out information dissemination activities for prospective and enrolled students (including those attending or planning to attend less than full time) regarding the institution and all financial assistance under this subchapter. The information required by this section shall be produced and be made readily available upon request, through appropriate publications, mailings, and electronic media, to an enrolled student and to any prospective student. Each eligible institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and section 444 of the General Education Provisions Act [[20 U.S.C. 1232g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim)] (commonly known as the “Family Educational Rights and Privacy Act of 1974”), together with a statement of the procedures required to obtain such information. The information required by this section shall accurately describe—
(A) the student financial assistance programs available to students who enroll at such institution;
(B) the methods by which such assistance is distributed among student recipients who enroll at such institution;
(C) any means, including forms, by which application for student financial assistance is made and requirements for accurately preparing such application;
(D) the rights and responsibilities of students receiving financial assistance under this subchapter;
(E) the cost of attending the institution, including (i) tuition and fees, (ii) books and supplies, (iii) estimates of typical stude
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1092
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To the end of affording the responsible Federal, State, and local officers adequate notice of available Federal financial assistance for carrying out ongoing education activities and projects, appropriations for grants, contracts, or other payments under any applicable program are authorized to be included in the appropriations Act for the fiscal year preceding the fiscal year during which such activities and projects shall be carried out.
**(b)** In order to effect a transition to the timing of appropriation action authorized by subsection (a), the application of this section may result in the enactment, in a fiscal year, of separate appropriations for an applicable program (whether in the same appropriations Act or otherwise) for two consecutive fiscal years.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1226a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Academic or differing fiscal year** Appropriations for any fiscal year for grants, loans, contracts, or other payments under any applicable program may, in accordance with regulations of the Secretary, be made available for obligation by the recipient on the basis of an academic or school year differing from such fiscal year.
**(b) Succeeding fiscal year**
(1) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this chapter is applicable during any fiscal year, which are not obligated and expended by educational agencies or institutions prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure by such agencies and institutions during such succeeding fiscal year.
(2) Any funds under any applicable program which, pursuant to paragraph (1), are available for obligation and expenditure in the year succeeding the fiscal year for which they were appropriated shall be obligated and expended in accordance with—
(A) the Federal statutory and regulatory provisions relating to such program which are in effect for such succeeding fiscal year, and
(B) any program plan or application submitted by such educational agencies or institutions for such program for such succeeding fiscal year.
**(c) Institution of judicial proceedings** If any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with [section 1341(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341/a&num=0&edition=prelim) and become available for obligation aft
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1226b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to assist the Department in implementing the Department’s mission to ensure equal access to education and to promote educational excellence throughout the Nation, by—
(1) ensuring equal opportunities to participate for all eligible students, teachers, and other program beneficiaries in any project or activity carried out under an applicable program; and
(2) promoting the ability of such students, teachers, and beneficiaries to meet high standards.
**(b) Requirement to develop steps to ensure equity** The Secretary shall require each applicant for assistance under an applicable program (other than an individual) to develop and describe in such applicant’s application the steps such applicant proposes to take to ensure equitable access to, and equitable participation in, the project or activity to be conducted with such assistance, by addressing the special needs of students, teachers, and other program beneficiaries in order to overcome barriers to equitable participation, including barriers based on gender, race, color, national origin, disability, and age.
**(c) Establishment of criteria** The Secretary may establish criteria and provide technical assistance for meeting the requirements of this section.
**(d) Effect on other laws** Nothing in this section shall be construed to alter in any way the rights or responsibilities established under the laws cited in [section 1221(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1221/d&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1231a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal and State monitoring**
(1) **In general** — The Secretary shall—
(A) monitor implementation of this subchapter through—
(i) oversight of the exercise of general supervision by the States, as required in [section 1412(a)(11) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/11&num=0&edition=prelim); and
(ii) the State performance plans, described in subsection (b);
(B) enforce this subchapter in accordance with subsection (e); and
(C) require States to—
(i) monitor implementation of this subchapter by local educational agencies; and
(ii) enforce this subchapter in accordance with paragraph (3) and subsection (e).
(2) **Focused monitoring** — The primary focus of Federal and State monitoring activities described in paragraph (1) shall be on—
(A) improving educational results and functional outcomes for all children with disabilities; and
(B) ensuring that States meet the program requirements under this subchapter, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
(3) **Monitoring priorities** — The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the State (except the State exercise of general supervisory responsibility), using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas:
(A) Provision of a free appropriate public education in the least restrictive environment.
(B) State exercise of general supervisory authority, including child find, effective monitoring, the use of reso
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1416
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