Progress of Compliance with Public Law 94-142: Oversight Hearing Before the Subcommittee on Fiscal Affairs and Health of the Committee on the District of Columbia, House of Representatives, Ninety-ninth Congress, Second Session, on the Progress Being Made by the District of Columbia to Comply with the Education for All Handicapped Children Act, June 20, 1986

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329. lappuse - Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner 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, United States Code.
314. lappuse - Act to assure that all handicapped children have available to them ... a free appropriate public education which emphasizes special education and related services designed to meet their unique needs, to assure that the rights of handicapped children and their parents or guardians are protected, to assist States and localities to provide for the education of all handicapped children, and to assess and assure the effectiveness of efforts to educate handicapped children.
329. lappuse - ... the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
329. lappuse - Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code.
314. lappuse - free appropriate public education" means special education and related services which (A) have been provided at public expense, under public supervision and direction, and without charge, (B) meet the standards of the State educational agency, (C) include an appropriate preschool, elementary, or secondary school education in the State involved, and (D) are provided in conformity with the individualized education program required under section 1414(a)(5) of this title.
320. lappuse - ... testing and evaluation materials and procedures utilized for the purposes of evaluation and placement of handicapped children will be selected and administered so as not to be racially or culturally discriminatory.
327. lappuse - M/J,\ f- i_!_!i!-A_ 1 _ ,ii) refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child; "(D) procedures designed to assure that the notice required by clause (C) fully inform the parents or guardian, in the parents...
320. lappuse - State has established . . . (B) procedures to assure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular educational environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary...
320. lappuse - State if the application of such requirements would be inconsistent with State law or practice, or the order of any court, respecting public education within such age groups in the State; "(C) all children residing in the State who are handicapped, regardless of the severity of their handicap, and who are in need of special education and related services are identified, located, and evaluated...

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