US Codex
U.S.C.
Notes

§5802. Definitions — Inbound Citations

20 U.S.C. § 5802

Cited by 312 provisions in release 119-102.

Citations to §5802(a)(1)

Citations to §5802(a)(3)

Citations to §5802(a)(6)

Citations to §5802(a)(8)

Citations to §5802(a)(11)

Citations to §5802(a)(12)

  • 20 U.S.C. § 5891a(3)
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    (3) The term “Secretary” means the Secretary of Education.
  • 20 U.S.C. § 5891b(a)(1)(A)
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    (A) The Secretary may carry out an educational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection (b), other than requirements described in subsection (c), for any local educational agency, educational service agency, or school within the State.
  • 20 U.S.C. § 5891b(a)(2)(A)(ii)
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    (ii) if the State has adopted new challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act [20 U.S.C. 6301 et seq.] by the Every Student Succeeds Act, made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under section 1111(h) of such Act;
  • 20 U.S.C. § 5891b(a)(3)(A)
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    (A) Each State educational agency desiring to participate in the educational flexibility program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes—
    (i) a description of the process the State educational agency will use to evaluate applications from local educational agencies, educational service agencies, or schools requesting waivers of—
    (I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and
    (II) State statutory or regulatory requirements relating to education;
    (ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive;
    (iii) a description of clear educational objectives the State intends to meet under the educational flexibility plan, which may include innovative methods to leverage resources to improve program efficiencies that benefit students;
    (iv) a description of how the educational flexibility plan is coordinated with activities described in subsections (b), (c), and (d) of section 1111 of the Elementary and Secondary Education Act of 1965;
    (v) a description of how the State educational agency will evaluate (consistent with the requirements of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]) the performance of students in the schools, educational service agencies, and local educational agencies affected by the waivers; and
    (vi) a description of how the State educational agency will meet the requirements of paragraph (7).
  • 20 U.S.C. § 5891b(a)(3)(B)(i)
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    (i) By not later than 90 days after the date on which a State has submitted an application described in subparagraph (A), the Secretary shall issue a written decision that explains why such application has been approved or disapproved, and the process for revising and resubmitting the application for reconsideration.
  • 20 U.S.C. § 5891b(a)(3)(B)(ii)
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    (ii) The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies, educational service agencies, and schools within the State in carrying out comprehensive educational reform, after considering—
    (I) the eligibility of the State as described in paragraph (2);
    (II) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A);
    (III) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan;
    (IV) the degree to which the State’s objectives described in subparagraph (A)(iii)—
    (aa) are clear and have the ability to be assessed; and
    (bb) take into account the performance of local educational agencies, educational service agencies, or schools, and students, particularly those affected by waivers;
    (V) the significance of the State statutory or regulatory requirements relating to education that will be waived; and
    (VI) the quality of the State educational agency’s process for approving applications for waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers.
  • 20 U.S.C. § 5891b(a)(5)(B)(i)
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    (i) The State educational agency shall submit to the Secretary an annual report on the results of such oversight and the impact of the waivers on school and student performance.
  • 20 U.S.C. § 5891b(a)(5)(C)
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    (C) The Secretary shall annually—
    (i) make each State report submitted under subparagraph (B) available to Congress and the public; and
    (ii) submit to Congress a report that summarizes the State reports and describes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the performance of students affected by the waivers.
  • 20 U.S.C. § 5891b(a)(6)(A)(i)
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    (i) The Secretary shall approve the application of a State educational agency under paragraph (3) for a period of not more than 5 years.
  • 20 U.S.C. § 5891b(a)(6)(A)(ii)
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    (ii) The Secretary shall automatically extend the authority of a State to continue as an Ed-Flex Partnership State until the Secretary has—
    (I) completed the performance review of the State educational agency’s educational flexibility plan as described in subparagraph (B); and
    (II) issued a final decision on any pending request for renewal that was submitted by the State educational agency.
  • 20 U.S.C. § 5891b(a)(6)(A)(iii)
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    (iii) The Secretary may extend the authority of a State to continue as an Ed-Flex Partnership State if the Secretary determines that the authority of the State educational agency to grant waivers—
    (I) has been effective in enabling such State or affected local educational agencies, educational service agencies, or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(C); and
    (II) has improved student performance.
  • 20 U.S.C. § 5891b(a)(6)(B)(i)
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    (i) Following the expiration of an approved educational flexibility program for a State that is designated an Ed-Flex Partnership State, the Secretary shall have not more than 180 days to complete a review of the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) to determine if the State educational agency—
    (I) has achieved, or is making substantial progress towards achieving, the objectives described in the application submitted pursuant to paragraph (3)(A)(iii) and the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; and
    (II) demonstrates that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have achieved, or are making progress toward achieving, the desired goals described in the application submitted pursuant to paragraph (4)(A)(iii).
  • 20 U.S.C. § 5891b(a)(6)(B)(ii)
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    (ii) The Secretary shall terminate the authority of a State educational agency to grant waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) if the Secretary determines, after providing the State educational agency with notice and an opportunity for a hearing, that such agency’s performance has been inadequate to justify continuation of such authority based on such agency’s performance against the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965.
  • 20 U.S.C. § 5891b(a)(6)(C)(i)
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    (i) Each State educational agency desiring to renew an approved educational flexibility program under this section shall submit a request for renewal to the Secretary not later than the date of expiration of the approved educational flexibility program.
  • 20 U.S.C. § 5891b(a)(6)(C)(ii)
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    (ii) The Secretary shall either approve or deny the request for renewal by not later than 90 days after completing the performance review of the State described in subparagraph (B).
  • 20 U.S.C. § 5891b(a)(6)(C)(iii)
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    (iii) In deciding whether to extend a request of a State educational agency for the authority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational agency—
    (I) has made progress toward achieving the objectives described in the State application submitted pursuant to paragraph (3)(A)(iii); and
    (II) demonstrates in the request that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have made progress toward achieving the desired goals described in the local application submitted pursuant to paragraph (4)(A)(iii).
  • 20 U.S.C. § 5891b(a)(6)(D)(i)
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    (i) The Secretary shall terminate or temporarily suspend the authority of a State educational agency to grant waivers under this section if the Secretary determines that—
    (I) there is compelling evidence of systematic waste, fraud or abuse; or
    (II) after notice and an opportunity for a hearing, such agency’s performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority.
  • 20 U.S.C. § 5891b(a)(7)(D)
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    (D) shall submit the comments received with the application of the agency or school to the Secretary or the State educational agency, as appropriate.
  • 20 U.S.C. § 5891b(b)
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    (b) The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State educational agencies on the basis of a formula:
    (1) The following provisions of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]:
    (A) Part A of title I [20 U.S.C. 6311 et seq.] (other than section 1111).
    (B) Part C of title I [20 U.S.C. 6391 et seq.].
    (C) Part D of title I [20 U.S.C. 6421 et seq.].
    (D) Part A of title II [20 U.S.C. 6611 et seq.].
    (E) Part A of title IV [20 U.S.C. 7101 et seq.].
    (2) The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
  • 20 U.S.C. § 5891b(c)
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    (c) The Secretary and the State educational agency may not waive under subsection (a)(1)(A) any statutory or regulatory requirement—
    (1) relating to—
    (A) maintenance of effort;
    (B) comparability of services;
    (C) equitable participation of students and professional staff in private schools;
    (D) parental participation and involvement;
    (E) distribution of funds to States or to local educational agencies;
    (F) serving eligible school attendance areas in rank order in accordance with section 1113(a)(3) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(3)];
    (G) the selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I of such Act [20 U.S.C. 6311 et seq.] if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such subsections;
    (H) use of Federal funds to supplement, not supplant, non-Federal funds; and
    (I) applicable civil rights requirements; and
    (2) unless the State educational agency can demonstrate that the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary.
  • 20 U.S.C. § 5891b(c)(2)
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    (2) unless the State educational agency can demonstrate that the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary.
  • 20 U.S.C. § 5891b(d)(1)
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    (1) Any designation of a State as an Ed-Flex Partnership State that was in effect on December 10, 2015, shall be immediately extended for a period of not more than 5 years, if the Secretary makes the determination described in paragraph (2).
  • 20 U.S.C. § 5891b(e)
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    (e) A notice of the Secretary’s decision to authorize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to approve applications under subsection (a)(3)(B), shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public.
  • 20 U.S.C. § 5962(a)(1)
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    (1) From funds appropriated pursuant to the authority of subsection (b)(1), the Secretary shall make competitive grants to eligible local educational agencies to enable such agencies to carry out projects and activities designed to achieve Goal Six1 of the National Education Goals by helping to ensure that all schools are safe and free of violence.
  • 20 U.S.C. § 5962(b)(2)
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    (2) The Secretary is authorized in each fiscal year to reserve not more than 10 percent of the amount appropriated pursuant to the authority of paragraph (1) to carry out national activities described in section 5966 of this title, of which 50 percent of such amount shall be available in such fiscal year to carry out the program described in section 5966(b) of this title.
  • 20 U.S.C. § 5963(b)
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    (b) In awarding grants under this subchapter, the Secretary shall give priority to a local educational agency that submits an application that assures a strong local commitment to the projects or activities assisted under this subchapter, such as—
    (1) the formation of partnerships among the local educational agency, a community-based organization, a nonprofit organization with a demonstrated commitment to or expertise in developing education programs or providing educational services to students or the public, a local law enforcement agency, or any combination thereof; and
    (2) a high level of youth participation in such projects or activities.
  • 20 U.S.C. § 5964(a)
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    (a) In order to receive a grant under this subchapter, an eligible local educational agency shall submit to the Secretary an application that includes—
    (1) an assessment of the current violence and crime problems in the schools to be served by the grant and in the community to be served by the applicant;
    (2) an assurance that the applicant has written policies regarding school safety, student discipline, and the appropriate handling of violent or disruptive acts;
    (3) a description of the schools and communities to be served by the grant, the activities and projects to be carried out with grant funds, and how these activities and projects will help to reduce the current violence and crime problems in the schools and communities served;
    (4) a description of educational materials to be developed in the first most predominate non-English language of the schools and communities to be served by the grant, if applicable;
    (5) if the local educational agency receives Federal education funds, an explanation of how activities assisted under this subchapter will be coordinated with and support any systemic education improvement plan prepared with such funds;
    (6) the applicant’s plan to establish school-level advisory committees, which include faculty, parents, staff, and students, for each school to be served by the grant and a description of how each committee will assist in assessing that school’s violence and discipline problems as well as in designing appropriate programs, policies, and practices to combat such problems;
    (7) the applicant’s plan for collecting baseline and future data, by individual schools, to monitor violence and discipline problems and to measure the applicant’s progress in achieving the purpose of this subchapter;
    (8) a description of how, in subsequent fiscal years, the grantee will integrate the violence prevention activities the grantee carries out with funds under this subchapter with activities carried out under the grantee’s comprehensive plan for drug and violence prevention adopted under the Drug-Free Schools and Communities Act of 1986;
    (9) a description of how the grantee will coordinate the grantee’s school crime and violence prevention efforts with education, law enforcement, judicial, health, and social service programs supported under the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.], and other appropriate agencies and organizations serving the community;
    (10) a description of how the grantee will inform parents about the extent of crime and violence in their children’s schools and maximize the participation of parents in the grantee’s violence prevention activities;
    (11) an assurance that grant funds under this subchapter will be used to supplement and not supplant State and local funds that would, in the absence of funds under this subchapter, be made available by the applicant for the purposes of the grant;
    (12) an assurance that the applicant will cooperate with, and provide assistance to, the Secretary in gathering statistics and other data the Secretary determines are necessary to determine the effectiveness of projects and activities assisted under this subchapter or the extent of school violence and discipline problems throughout the Nation; and
    (13) such other information as the Secretary may require.
  • 20 U.S.C. § 5964(a)(12)
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    (12) an assurance that the applicant will cooperate with, and provide assistance to, the Secretary in gathering statistics and other data the Secretary determines are necessary to determine the effectiveness of projects and activities assisted under this subchapter or the extent of school violence and discipline problems throughout the Nation; and
  • 20 U.S.C. § 5964(a)(13)
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    (13) such other information as the Secretary may require.
  • 20 U.S.C. § 5964(b)
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    (b) In order to receive funds under this subchapter for a second year, a grantee shall submit to the Secretary a comprehensive, long-term, school safety plan for reducing and preventing school violence and discipline problems. Such plan shall contain a description of how the grantee will coordinate the grantee’s school crime and violence prevention efforts with education, law-enforcement, judicial, health, social service, and other appropriate agencies and organizations serving the community.
  • 20 U.S.C. § 5966(a)(1)
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    (1) To carry out the purpose of this subchapter, the Secretary—
    (A) is authorized to use funds reserved under section 5962(b)(2) of this title to—
    (i) conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, dissemination (through appropriate research entities assisted by the Department of Education) of information on successful projects, activities, and strategies developed pursuant to this subchapter;
    (ii) provide grants to noncommercial telecommunications entities for the production and distribution of national video-based projects that provide young people with models for conflict resolution and responsible decisionmaking; and
    (iii) conduct peer review of applications under this subchapter; and
    (B) shall develop a written safe schools model so that all schools can develop models that enable all students to participate regardless of any language barrier.
  • 20 U.S.C. § 5966(a)(2)
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    (2) The Secretary may carry out the activities described in paragraph (1) directly, through interagency agreements, or through grants, contracts or cooperative agreements.
  • 20 U.S.C. § 5966(b)
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    (b) The Secretary shall designate the District of Columbia as a national model city and shall provide funds made available pursuant to section 5962(b)(2) of this title in each fiscal year to a local educational agency serving the District of Columbia in an amount sufficient to enable such agency to carry out a comprehensive program to address school and youth violence.
  • 20 U.S.C. § 5967(a)
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    (a) Each local educational agency that receives funds under this subchapter shall submit to the Secretary a report not later than March 1, 1995, that describes progress achieved in carrying out the plan described in section 5964(b) of this title.
  • 20 U.S.C. § 5967(b)
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    (b) The Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report not later than October 1, 1995, which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under section 5964(a) of this title, and an evaluation of programs assisted under this subchapter.
  • 20 U.S.C. § 5968
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    The Secretary, as a member of the Coordinating Council on Juvenile Justice and Delinquency Prevention of the Department of Justice, shall coordinate the programs and activities carried out under this subchapter with the programs and activities carried out by the departments and offices represented within the Council that provide assistance under other Federal law for purposes that are determined by the Secretary to be similar to the purpose of this subchapter, in order to avoid redundancy and coordinate Federal assistance, research, and programs for youth violence prevention.
  • 20 U.S.C. § 5983(a)(1)
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    (1) The Secretary is authorized to make grants to eligible entities for the development and implementation of seminars in American government and civics for elementary and secondary school teachers and other educators who work with minority and Native American students.
  • 20 U.S.C. § 5983(a)(2)
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    (2) In awarding grants under this subchapter, the Secretary shall ensure that there is wide geographic distribution of such grants.
  • 20 U.S.C. § 5985(a)
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    (a) Each eligible entity desiring a grant under this subchapter shall submit an application to the Secretary, at such time, in such manner and containing or accompanied by such information as the Secretary may reasonably require.
  • 20 U.S.C. § 5985(c)
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    (c) The Secretary, in approving applications for assistance under this subchapter, shall give priority to applications which demonstrate that—
    (1) the applicant will serve teachers who teach in schools with a large number or concentration of economically disadvantaged students;
    (2) the applicant has demonstrated national experience in conducting or coordinating accredited summer seminars in American government or civics education for elementary and secondary school teachers;
    (3) the applicant will coordinate or conduct seminars on a national or multistate basis through a collaboration with an institution of higher education, State higher education agency or a public or private nonprofit organization, with experience in coordinating or conducting teacher training programs in American government and civics education;
    (4) the applicant will coordinate or conduct seminars designed for more than one minority student population and for Native Americans; and
    (5) the applicant will coordinate or conduct seminars that offer a combination of academic instruction in American government, exposure to the practical workings of the political system, and training in appropriate pedagogical techniques for working with minority and Native American students.
  • 20 U.S.C. § 6002(7)
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    (7) A National Educational Research Policy and Priorities Board should be established to work collaboratively with the Assistant Secretary to forge a national consensus with respect to a long-term agenda for educational research, development, dissemination, and the activities of the Office.
  • 20 U.S.C. § 6052(a)
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    (a) Notwithstanding any other provision of law, from funds appropriated under subsection (b), the Secretary—
    (1) shall continue to fund any multiyear grant or contract awarded under section 3141 and parts A and C of title XIII of the Elementary and Secondary Education Act of 1965 (as such provisions were in effect on the day preceding January 8, 2002), for the duration of that multiyear award in accordance with its terms; and
    (2) may extend, on a year-to-year basis, any multiyear grant or contract awarded under an authority described in paragraph (1) that expires after January 8, 2002, but before the enactment of successor authority to this subchapter.1
  • 20 U.S.C. § 6063(a)(1)
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    (1) Not later than 180 days after March 31, 1994, the Secretary shall make appropriate arrangements with the National Academy of Sciences or the National Academy of Education to conduct a comprehensive study of the inclusion of children with disabilities in school reform activities assisted under the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.].
  • 20 U.S.C. § 6063(d)
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    (d) The Secretary shall request the National Academy of Sciences or the National Academy of Education to submit an interim report of its findings and recommendations to the President and Congress not later than 12 months, and a final report not later than 24 months, from the date of the completion of procurement relating to the study.
  • 20 U.S.C. § 6063(e)
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    (e) From funds appropriated to the Secretary for research related to individuals with disabilities the Secretary shall make available $600,000 for fiscal year 1994, and such sums as may be necessary for fiscal year 1995, to carry out this section. Amounts made available under this subsection shall remain available until expended.
  • 20 U.S.C. § 6082(2)(A)(i)
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    (i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]); or
  • 20 U.S.C. § 6082(2)(A)(ii)
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    (ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2) under section 17(b)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(6)), or
  • 20 U.S.C. § 6082(2)(B)
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    (B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate Secretary in any enforcement action under this subchapter,
  • 20 U.S.C. § 6082(5)
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    (5) The term “Secretary” means the Secretary of Health and Human Services.
  • 20 U.S.C. § 6083(d)
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    (d) The prohibitions in subsections (a) through (c) shall be incorporated by publication of a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of children’s services administered by such heads. Such prohibitions shall be effective 90 days after such notice is published, or 270 days after March 31, 1994, whichever occurs first.
  • 20 U.S.C. § 6083(f)(1)
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    (1) Any failure to comply with a prohibition in this section shall be a violation of this section and any person subject to such prohibition who commits such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or may be subject to an administrative compliance order, or both, as determined by the Secretary. Each day a violation continues shall constitute a separate violation. In the case of any civil penalty under this section, the total amount shall not exceed the amount of Federal funds received by such person for the fiscal year in which the continuing violations occurred. For the purpose of the prohibition in subsection (c), the term “person” shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children.
  • 20 U.S.C. § 6083(f)(2)
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    (2) A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued, by the Secretary only after an opportunity for a hearing in accordance with section 554 of title 5. Before making such assessment or issuing such order, or both, the Secretary shall give written notice thereof to such person by certified mail with return receipt and provide therein an opportunity to request in writing not later than 30 days after the date of receipt of such notice such hearing. The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and place for such hearing which should be located, to the greatest extent possible, at a location convenient to such person. The Secretary (or the Secretary’s designee) and such person may consult to arrange a suitable date and location where appropriate.
  • 20 U.S.C. § 6083(f)(3)
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    (3) In determining the amount of the civil penalty or the nature of the administrative compliance order, the Secretary shall take into account, as appropriate—
    (A) the nature, circumstances, extent, and gravity of the violation;
    (B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and
    (C) such other matters as justice may require.
  • 20 U.S.C. § 6083(f)(4)
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    (4) The Secretary may, as appropriate, compromise, modify, or remit, with or without conditions, any civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from any sums that the United States or its agencies or instrumentalities owes to the person against whom the penalty is assessed.
  • 20 U.S.C. § 6083(f)(5)
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    (5) Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judicial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy thereof to the Secretary or the Secretary’s designee. The petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided to such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order.
  • 20 U.S.C. § 6083(f)(6)
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    (6) If a person fails to pay an assessment of a civil penalty or comply with an order, after either or both are final under this section, or after a court under paragraph (5) has entered a final judgment in favor of the Secretary, the Attorney General, at the request of the Secretary, shall recover the amount of the civil penalty (plus interest at then currently prevailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review.

Citations to §5802(a)(13)