§ 300.184 Judicial review.

Plain English summary

This section establishes the judicial review process for states dissatisfied with the Secretary's final eligibility decision under section 612 of the Act. A state has 60 days from notice of the decision to file a petition for review with the U.S. Court of Appeals for its circuit. The court clerk must transmit a copy of the petition to the Secretary, who then files the record of proceedings with the court.

Key requirements

• If a State is dissatisfied with the Secretary's final decision with respect to the eligibility of the State under section 612 of the Act, the State may, not later than 60 days after notice of that decision, file with the United States Court of Appeals for the circuit in which that State is located a petition for review of that decision.
• A copy of the petition must be transmitted by the clerk of the court to the Secretary.
• The Secretary then files in the court the record of the proceedings upon which the Secretary's decision was based, as provided in 28 U.S.C. 2112.

Affected parties

• State educational agencies
• U.S. Secretary of Education
• United States Court of Appeals

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.184