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LegalText 20 U.S.C. § 1234g Judicial review us united_states_code code_section 20 EDUCATION 31 GENERAL PROVISIONS CONCERNING EDUCATION 1234g 20 U.S.C. § 1234g current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s1234g data/legal/raw/us/code/title-20/usc20.xml e80ff7a115b0927890f99543be406ed8c9816f88a55e28206873f5f5c11b5825 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 eeacbb3f70db72f9aeb3dd5ac9dccf842cb3eabe9be0f74773e3e6f649752278 2026-07-04 official
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20 U.S.C. § 1234g - Judicial review

Text

(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 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.

(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.

(Pub. L. 90247, title IV, § 458, as added Pub. L. 100297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 356; amended Pub. L. 103382, title II, § 212(b)(3)(D), Oct. 20, 1994, 108 Stat. 3913.)

Notes

Editorial Notes

Amendments1994—Subsec. (a). Pub. L. 103382 made technical amendment to reference to section 1232d(a) of this title to reflect renumbering of corresponding section of original act.

Statutory Notes and Related Subsidiaries

Effective DateSection effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100297, set out as an Effective Date of 1988 Amendment note under section 1234 of this title.