Secretary of Education Review of Administrative Law Judge Decisions

Section 22 of the Drug-Free Schools and Communities Act Amendments of 1989 provides that a decision of an administrative law judge reviewing the termination of federal assistance to educational institutions or agencies “shall be considered to be a final agency action.” This provision does not preclude the Secretary of Education from reviewing such administrative law judge decisions.

Because section 22 makes an administrative law judge decision a final agency action for purposes of judicial review, it deprives the Secretary of the power to require exhaustion of secretarial review procedures before an aggrieved party may seek judicial review.