United States Fourth Circuit

Petition for review, challenging defendant Secretary's denial of petitioner State's request for a full waiver of its maintenance-of-effort condition to be eligible for federal funds provided to States for the education of disabled children, and its request for a hearing, is granted and the matter is remanded, where: 1) the Secretary's action in partially denying petitioner's request for a waiver was a determination made "with respect to the eligibility of the State" for funding and so the Court has jurisdiction to consider the State’s petition for review; and 2) the Secretary's denial of the State's request for a full waiver was a determination that the State was "not eligible to receive a grant" in the amount of $36.2 million and therefore the Secretary was required to provide the State with notice and an opportunity for a hearing before he made a final determination with respect to the waiver request.

Appellate Information

• Decided 04/26/2013
• Published 04/26/2013

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel