PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1979 "(B) NEW OR MODIFIED FINDINGS.— Any new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(4) JURISDICTION.— "(A) IN GENERAL. —Upon the filing of a petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part. "(B) JUDGMENT. —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. "(b) DETERMINATION. —Any determination by the Secretary under this section shall continue in effect until the Secretary determines, in consultation with that agency, consortium, or entity and representatives of the affected private school children, teachers, or other educational personnel, that there will no longer be any failure or inability on the part of the agency, consortium, or entity to meet the applicable requirements of section 9501 or any other provision of this Act. "(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary arranges for services pursuant to this section, the Secretary shall, after consultation with the appropriate public and private school officials, pay the cost of those services, including the administrative costs of arranging for those services, from the appropriate allocation or allocations under this Act. "(d) PRIOR DETERMINATION. —Any by-pass determination by the Secretary under this Act as in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001 shall remain in effect to the extent the Secretary determines that that determination is consistent with the purpose of this section. "SEC. 9505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP 20 USC 7885. OR INSTRUCTION. "Nothing contained in this Act shall be construed to authorize the making of any payment under this Act for religious worship or instruction. "SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS. 20 USC 7886. " (a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS.— Nothing in this Act shall be construed to affect any private school that does not receive funds or services under this Act, nor shall any student who attends a private school that does not receive funds or services under this Act be required to participate in any assessment referenced in this Act. "(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act. " (c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CON- TROL OVER NONPUBLIC SCHOOLS.— Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this Act.
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