20 U.S.C. § 7710 — Federal administration

Page 1609 TITLE 20—EDUCATION § 7710 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, and effective with respect to appropriations for use under this subchapter for fiscal year 2002, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title. § 7710. Federal administration (a) Payments in whole dollar amounts The Secretary shall round any payments under this subchapter to the nearest whole dol- lar amount. (b) Other agencies Each Federal agency administering Federal property on which children reside, and each agency principally responsible for an activity that may occasion assistance under this sub- chapter, shall, to the maximum extent prac- ticable, comply with requests of the Secretary for information the Secretary may require to carry out this subchapter. (c) Special rules (1) Certain children eligible under subpara- graphs (A) and (G)(ii) of section 7703(a)(1) (A) The Secretary shall treat as eligible under subparagraph (A) of section 7703(a)(1) of this title any child who would be eligible under such subparagraph except that the Fed- eral property on which the child resides or on which the child’s parent is employed is not in the same State in which the child attends school, if such child meets the requirements of paragraph (2). (B) The Secretary shall treat as eligible under subparagraph (G) of section 7703(a)(1) of this title any child who would be eligible under such subparagraph except that such child does not meet the requirements of clause (ii) of such subparagraph, if such child meets the requirements of paragraph (2). (2) Requirements A child meets the requirements of this para- graph if— (A) such child resides— (i) in a State adjacent to the State in which the local educational agency serving the school such child attends is located; or (ii) with a parent employed on Federal property in a State adjacent to the State in which such agency is located; (B) the schools of such agency are within a more reasonable commuting distance of such child’s home than the schools of the local educational agency that serves the school attendance area where such child resides; (C) attending the schools of the local edu- cational agency that serves the school at- tendance area where such child resides will impose a substantial hardship on such child; (D) the State in which such child attends school provides funds for the education of such child on the same basis as all other public school children in the State, unless otherwise permitted under section 7709(b) of this title; and (E) such agency received a payment for fis- cal year 1999 under section 7703(b) of this title on behalf of children described in para- graph (1). (d) Timely payments (1) In general Subject to paragraph (2), the Secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this subchapter for a fiscal year not later than September 30 of the second fiscal year following the fiscal year for which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and information nec- essary for the Secretary to pay the full amount that the agency is eligible to receive under this subchapter for such fiscal year. (2) Payments with respect of fiscal years in which insufficient funds are appropriated For a fiscal year in which the amount appro- priated under section 7714 of this title is insuf- ficient to pay the full amount a local edu- cational agency is eligible to receive under this subchapter, paragraph (1) shall be applied by substituting ‘‘is available to pay the agen- cy’’ for ‘‘the agency is eligible to receive’’ each place the term appears. (Pub. L. 89–10, title VII, § 7010, formerly title VIII, § 8010, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3767; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813], Oct. 30, 2000, 114 Stat. 1654, 1654A–387; Pub. L. 112–239, div. A, title V, § 563(b)(3), (c)(4), Jan. 2, 2013, 126 Stat. 1747, 1748; renumbered title VII, § 7010, and amended Pub. L. 114–95, title VII, §§ 7001(a)(1), (c)(2), (d)(3), (6), 7010, Dec. 10, 2015, 129 Stat. 2074, 2087.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–95, § 7001(a)(1), repealed Pub. L. 112–239, § 563(c)(4). See 2013 Amendment notes below. Subsec. (c)(1). Pub. L. 114–95, § 7010(1)(A), made tech- nical amendment to reference in original act which ap- pears in heading as reference to section 7703(a)(1). Subsec. (c)(1)(A), (B). Pub. L. 114–95, § 7001(d)(3), made technical amendment to reference in original act which appears in text as reference to section 7703(a)(1) of this title. Subsec. (c)(2)(D). Pub. L. 114–95, § 7010(1)(B), made technical amendment to reference in original act which appears in text as reference to section 7709(b) of this title. Subsec. (c)(2)(E). Pub. L. 114–95, § 7001(d)(6), made technical amendment to reference in original act which appears in text as reference to section 7703(b) of this title. Subsec. (d)(2). Pub. L. 114–95, § 7010(2), made technical amendment to reference in original act which appears in text as reference to section 7714 of this title. 2013—Pub. L. 112–239, § 563(c)(4), which directed repeal of the amendment by Pub. L. 112–239, § 563(b)(3)(B), on the day after the 5-year period that began on Jan. 3, 2013, was itself repealed by Pub. L. 114–95, § 7001(a)(1). Subsec. (c)(1). Pub. L. 112–239, § 563(b)(3)(A), sub- stituted ‘‘paragraph (2)’’ for ‘‘paragraph (3) of this sub- section’’ in subpars. (A) and (B). Subsec. (d). Pub. L. 112–239, § 563(b)(3)(B), added sub- sec. (d). Page 1610 TITLE 20—EDUCATION § 7711 2000—Subsec. (c)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(1), (2)], redesignated par. (2) as (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘Notwithstanding any other provision of law, for any fiscal year before fiscal year 1995, the Secretary shall treat as eligible under subsection (a) or (b) of section 3 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such subsection was in ef- fect on the day preceding October 20, 1994), and shall forgive the obligation of a local educational agency to repay any amounts that such agency received under such section for such fiscal year based on, any child who would be eligible under such subsections except that such child does not meet the requirements of sub- section (a)(1)(B) or (b)(2)(B), respectively, of such sec- tion 3, if such child meets the requirements of para- graph (3) of this subsection.’’ Subsec. (c)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(2)], redesignated par. (3) as (2). Former par. (2) re- designated (1). Subsec. (c)(2)(D). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(3)(A)], struck out ‘‘section 5(d)(2) of the Act of September 30, 1950 (Public Law 874, 81st Con- gress) (as such section was in effect on the day pre- ceding October 20, 1994) or’’ after ‘‘otherwise permitted under’’. Subsec. (c)(2)(E). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(3)(B)], substituted ‘‘1999’’ for ‘‘1994’’, struck out ‘‘(or such section’s predecessor authority)’’ after ‘‘section 7703(b) of this title’’, and substituted ‘‘para- graph (1)’’ for ‘‘paragraph (2)’’. Subsec. (c)(3). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(2)], redesignated par. (3) as (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7711. Administrative hearings and judicial re- view (a) Administrative hearings A local educational agency and a State that is adversely affected by any action of the Sec- retary under this subchapter shall be entitled to a hearing on such action in the same manner as if such agency were a person under chapter 5 of title 5 if the local educational agency or State, as the case may be, submits to the Secretary a request for the hearing not later than 60 days after the date of the action of the Secretary under this subchapter. (b) Judicial review of secretarial action (1) In general A local educational agency or a State ag- grieved by the Secretary’s final decision fol- lowing an agency proceeding under subsection (a) may, within 30 working days (as deter- mined by the local educational agency or State) after receiving notice of such decision, file with the United States court of appeals for the circuit in which such agency or State is located a petition for review of that action. The clerk of the court shall promptly transmit a copy of the petition to the Secretary. The Secretary shall then file in the court the record of the proceedings on which the Sec- retary’s action was based, as provided in sec- tion 2112 of title 28. (2) Findings of fact The findings of fact by the Secretary, if sup- ported by substantial evidence, shall be con- clusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence. The Secretary may there- upon make new or modified findings of fact and may modify the Secretary’s previous ac- tion, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (3) Review The court shall have exclusive 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 Su- preme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (Pub. L. 89–10, title VII, § 7011, formerly title VIII, § 8011, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3768; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1814(a)(1), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–387; renum- bered title VII, § 7011, and amended Pub. L. 114–95, title VII, §§ 7001(c)(2), 7011, Dec. 10, 2015, 129 Stat. 2074, 2087.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 7011, struck out ‘‘or under the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day pre- ceding October 20, 1994)’’ after ‘‘any action of the Sec- retary under this subchapter’’. 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1814(a)(1)], inserted ‘‘if the local educational agency or State, as the case may be, submits to the Secretary a request for the hearing not later than 60 days after the date of the action of the Secretary under this subchapter’’ before period at end. Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1814(b)], substituted ‘‘30 working days (as determined by the local educational agency or State)’’ for ‘‘60 days’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1814(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–387, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to an action of the Secretary under title VIII [now VII] of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) initiated on or after the date of the enactment of this Act [Oct. 30, 2000].’’ § 7712. Forgiveness of overpayments Notwithstanding any other provision of law, the Secretary may forgive the obligation of a local educational agency to repay, in whole or in