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(5) REPORT ON USE OF FUNDS- As part of the information required to be submitted to the Secretary under section 612, each State shall annually describe -- (A) how amounts retained under paragraph (1) will be used to meet the requirements of this part; (B) how those amounts will be allocated among the activities described in paragraphs (2) and (3) to meet State priorities based on input from local educational agencies; and (C) the percentage of those amounts, if any, that will be distributed to local educational agencies by formula. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 24 (1) SUBGRANTS REQUIRED- Each State that receives a grant under this section for any fiscal year shall distribute any funds it does not retain under subsection (f) (at least 75 percent of the grant funds) to local educational agencies in the State that have established their eligibility under section 613, and to State agencies that received funds under section 614A(a) of this Act for fiscal year 1997, as then in effect, and have established their eligibility under section 613, for use in accordance with this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES- (A) INTERIM PROCEDURE- For each fiscal year for which funds are allocated to States under subsection (d)(2), each State shall allocate funds under paragraph (1) in accordance with section 611(d) of this Act, as in effect prior to the enactment of the Individuals with Disabilities Education Act Amendments of 1997. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) PERMANENT PROCEDURE- For each fiscal year for which funds are allocated to States under subsection (e), each State shall allocate funds under paragraph (1) as follows: (i) BASE PAYMENTS- The State shall first award each agency described in paragraph (1) the amount that agency would have received under this section for the base year, as defined in subsection (e)(2)(A), if the State had distributed 75 percent of its grant for that year under section 611(d), as then in effect. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) ALLOCATION OF REMAINING FUNDS- After making allocations under clause (i), the State shall -- (I) allocate 85 percent of any remaining funds to those agencies on the basis of the relative numbers of children enrolled in public and private elementary and secondary schools within the agency's jurisdiction; and (II) allocate 15 percent of those remaining funds to those agencies in accordance with their relative numbers of children living in poverty, as determined by the State educational agency. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) FORMER CHAPTER 1 STATE AGENCIES- (A) To the extent necessary, the State -- (i) shall use funds that are available under subsection (f)(1)(A) to ensure that each State agency that received fiscal year 1994 funds under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 receives, from the combination of funds under subsection (f)(1)(A) and funds provided under paragraph (1) of this subsection, an amount equal to -- (I) the number of children with disabilities, aged 6 through 21, to whom the agency was providing special education and related services on December 1 of the fiscal year for which the funds were appropriated, subject to the limitation in subparagraph (B); multiplied by (II) the per-child amount provided under such subpart for fiscal year 1994; and INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 25 (ii) may use those funds to ensure that each local educational agency that received fiscal year 1994 funds under that subpart for children who had transferred from a State-operated or State-supported school or program assisted under that subpart receives, from the combination of funds available under subsection (f)(1)(A) and funds provided under paragraph (1) of this subsection, an amount for each such child, aged 3 through 21 to whom the agency was providing special education and related services on December 1 of the fiscal year for which the funds were appropriated, equal to the per-child amount the agency received under that subpart for fiscal year 1994. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) The number of children counted under subparagraph (A)(i)(I) shall not exceed the number of children aged 3 through 21 for whom the agency received fiscal year 1994 funds under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) REALLOCATION OF FUNDS- If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities residing in the area served by that agency with State and local funds, the State educational agency may reallocate any portion of the funds under this part that are not needed by that local agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities residing in the areas they serve. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(h) DEFINITIONS- For the purpose of this section -- (1) the term 'average per-pupil expenditure in public elementary and secondary schools in the United States' means -- (A) without regard to the source of funds -- (i) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the 50 States and the District of Columbia); plus (ii) any direct expenditures by the State for the operation of those agencies; divided by (B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year; and (2) the term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(i) USE OF AMOUNTS BY SECRETARY OF THE INTERIOR- (1) PROVISION OF AMOUNTS FOR ASSISTANCE- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 26 (A) IN GENERAL- The Secretary of Education shall provide amounts to the Secretary of the Interior to meet the need for assistance for the education of children with disabilities on reservations aged 5 to 21, inclusive, enrolled in elementary and secondary schools for Indian children operated or funded by the Secretary of the Interior. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The amount of such payment for any fiscal year shall be equal to 80 percent of the amount allotted under subsection (c) for that fiscal year. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) CALCULATION OF NUMBER OF CHILDREN- In the case of Indian students aged 3 to 5, inclusive, who are enrolled in programs affiliated with the Bureau of Indian Affairs (hereafter in this subsection referred to as 'BIA') schools and that are required by the States in which such schools are located to attain or maintain State accreditation, and which schools have such accreditation prior to the date of enactment of the Individuals with Disabilities Education Act Amendments of 1991, the school shall be allowed to count those children for the purpose of distribution of the funds provided under this paragraph to the Secretary of the Interior. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The Secretary of the Interior shall be responsible for meeting all of the requirements of this part for these children, in accordance with paragraph (2).
(C) ADDITIONAL REQUIREMENT- With respect to all other children aged 3 to 21, inclusive, on reservations, the State educational agency shall be responsible for ensuring that all of the requirements of this part are implemented. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) SUBMISSION OF INFORMATION- The Secretary of Education may provide the Secretary of the Interior amounts under paragraph (1) for a fiscal year only if the Secretary of the Interior submits to the Secretary of Education information that -- (A) demonstrates that the Department of the Interior meets the appropriate requirements, as determined by the Secretary of Education, of sections 612 (including monitoring and evaluation activities) and 613; (B) includes a description of how the Secretary of the Interior will coordinate the provision of services under this part with local educational agencies, tribes and tribal organizations, and other private and Federal service providers; (C) includes an assurance that there are public hearings, adequate notice of such hearings, and an opportunity for comment afforded to members of tribes, tribal governing bodies, and affected local school boards before the adoption of the policies, programs, and procedures described in subparagraph (A); (D) includes an assurance that the Secretary of the Interior will provide such information as the Secretary of Education may require to comply with section 618; (E) includes an assurance that the Secretary of the Interior and the Secretary of Health and Human Services have entered into a memorandum of agreement, to be provided to the Secretary of Education, for the coordination of services, resources, and personnel between their respective Federal, State, and local offices and with State and local educational agencies and other entities to facilitate the provision of services to Indian children with disabilities residing on or near reservations (such agreement shall provide for the apportionment of responsibilities and costs including, but not limited to, child find, evaluation, diagnosis, remediation or therapeutic measures, and (where INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 27 appropriate) equipment and medical or personal supplies as needed for a child to remain in school or a program); and (F) includes an assurance that the Department of the Interior will cooperate with the Department of Education in its exercise of monitoring and oversight of this application, and any agreements entered into between the Secretary of the Interior and other entities under this part, and will fulfill its duties under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
Section 616(a) shall apply to the information described in this paragraph. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) PAYMENTS FOR EDUCATION AND SERVICES FOR INDIAN CHILDREN WITH DISABILITIES AGED 3 THROUGH 5- (A) IN GENERAL- With funds appropriated under subsection (j), the Secretary of Education shall make payments to the Secretary of the Interior to be distributed to tribes or tribal organizations (as defined under section 4 of the Indian Self-Determination and Education Assistance Act) or consortia of the above to provide for the coordination of assistance for special education and related services for children with disabilities aged 3 through 5 on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The amount of such payments under subparagraph (B) for any fiscal year shall be equal to 20 percent of the amount allotted under subsection (c). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) DISTRIBUTION OF FUNDS- The Secretary of the Interior shall distribute the total amount of the payment under subparagraph (A) by allocating to each tribe or tribal organization an amount based on the number of children with disabilities ages 3 through 5 residing on reservations as reported annually, divided by the total of those children served by all tribes or tribal organizations. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) SUBMISSION OF INFORMATION- To receive a payment under this paragraph, the tribe or tribal organization shall submit such figures to the Secretary of the Interior as required to determine the amounts to be allocated under subparagraph (B).
This information shall be compiled and submitted to the Secretary of Education. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(D) USE OF FUNDS- The funds received by a tribe or tribal organization shall be used to assist in child find, screening, and other procedures for the early identification of children aged 3 through 5, parent training, and the provision of direct services.
These activities may be carried out directly or through contracts or cooperative agreements with the BIA, local educational agencies, and other public or private nonprofit organizations. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The tribe or tribal organization is encouraged to involve Indian parents in the development and implementation of these activities.
The above entities shall, as appropriate, make referrals to local, State, or Federal entities for the provision of services or further diagnosis. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(E) BIENNIAL REPORT- To be eligible to receive a grant pursuant to subparagraph (A), the tribe or tribal organization shall provide to the Secretary of the Interior a biennial report of activities undertaken under this paragraph, including the number of contracts and cooperative agreements entered into, the number of children contacted and receiving services for each year, and the estimated number of children needing services during the 2 years following the one in which the report is made. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The Secretary of the Interior shall include a summary of this information on a biennial basis in the INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 28 report to the Secretary of Education required under this subsection.
The Secretary of Education may require any additional information from the Secretary of the Interior. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(F) PROHIBITIONS- None of the funds allocated under this paragraph may be used by the Secretary of the Interior for administrative purposes, including child count and the provision of technical assistance.
(4) PLAN FOR COORDINATION OF SERVICES- The Secretary of the Interior shall develop and implement a plan for the coordination of services for all Indian children with disabilities residing on reservations covered under this Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
Such plan shall provide for the coordination of services benefiting these children from whatever source, including tribes, the Indian Health Service, other BIA divisions, and other Federal agencies.
In developing the plan, the Secretary of the Interior shall consult with all interested and involved parties. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
It shall be based on the needs of the children and the system best suited for meeting those needs, and may involve the establishment of cooperative agreements between the BIA, other Federal agencies, and other entities.
The plan shall also be distributed upon request to States, State and local educational agencies, and other agencies providing services to infants, toddlers, and children with disabilities, to tribes, and to other interested parties. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(5) ESTABLISHMENT OF ADVISORY BOARD- To meet the requirements of section 612(a)(21), the Secretary of the Interior shall establish, not later than 6 months after the date of the enactment of the Individuals with Disabilities Education Act Amendments of 1997, under the BIA, an advisory board composed of individuals involved in or concerned with the education and provision of services to Indian infants, toddlers, children, and youth with disabilities, including Indians with disabilities, Indian parents or guardians of such children, teachers, service providers, State and local educational officials, representatives of tribes or tribal organizations, representatives from State Interagency Coordinating Councils under section 641 in States having reservations, and other members representing the various divisions and entities of the BIA. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The chairperson shall be selected by the Secretary of the Interior. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The advisory board shall -- (A) assist in the coordination of services within the BIA and with other local, State, and Federal agencies in the provision of education for infants, toddlers, and children with disabilities; (B) advise and assist the Secretary of the Interior in the performance of the Secretary's responsibilities described in this subsection; (C) develop and recommend policies concerning effective inter- and intra-agency collaboration, including modifications to regulations, and the elimination of barriers to inter- and intra-agency programs and activities; (D) provide assistance and disseminate information on best practices, effective program coordination strategies, and recommendations for improved educational programming for Indian infants, toddlers, and children with disabilities; and (E) provide assistance in the preparation of information required under paragraph (2)(D). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(6) ANNUAL REPORTS- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 29 (A) IN GENERAL- The advisory board established under paragraph (5) shall prepare and submit to the Secretary of the Interior and to the Congress an annual report containing a description of the activities of the advisory board for the preceding year.
(B) AVAILABILITY- The Secretary of the Interior shall make available to the Secretary of Education the report described in subparagraph (A). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(j) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated such sums as may be necessary.
SEC.
612.
STATE ELIGIBILITY. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(a) IN GENERAL- A State is eligible for assistance under this part for a fiscal year if the State demonstrates to the satisfaction of the Secretary that the State has in effect policies and procedures to ensure that it meets each of the following conditions: (1) FREE APPROPRIATE PUBLIC EDUCATION- (A) IN GENERAL- A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) LIMITATION- The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children: (i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and (ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this part be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility: (I) were not actually identified as being a child with a disability under section 602(3) of this Act; or (II) did not have an individualized education program under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) FULL EDUCATIONAL OPPORTUNITY GOAL- The State has established a goal of providing full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) CHILD FIND- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 30 (A) IN GENERAL- All children with disabilities residing in the State, including children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) CONSTRUCTION- Nothing in this Act requires that children be classified by their disability so long as each child who has a disability listed in section 602 and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) INDIVIDUALIZED EDUCATION PROGRAM- An individualized education program, or an individualized family service plan that meets the requirements of section 636(d), is developed, reviewed, and revised for each child with a disability in accordance with section 614(d). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(5) LEAST RESTRICTIVE ENVIRONMENT- (A) IN GENERAL- To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) ADDITIONAL REQUIREMENT- (i) IN GENERAL- If the State uses a funding mechanism by which the State distributes State funds on the basis of the type of setting in which a child is served, the funding mechanism does not result in placements that violate the requirements of subparagraph (A). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) ASSURANCE- If the State does not have policies and procedures to ensure compliance with clause (i), the State shall provide the Secretary an assurance that it will revise the funding mechanism as soon as feasible to ensure that such mechanism does not result in such placements.
(6) PROCEDURAL SAFEGUARDS- (A) IN GENERAL- Children with disabilities and their parents are afforded the procedural safeguards required by section 615. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) ADDITIONAL PROCEDURAL SAFEGUARDS- Procedures to ensure that testing and evaluation materials and procedures utilized for the purposes of evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally discriminatory. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
Such materials or procedures shall be provided and administered in the child's native language or mode of communication, unless it clearly is not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 31 (7) EVALUATION- Children with disabilities are evaluated in accordance with subsections (a) through (c) of section 614. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(8) CONFIDENTIALITY- Agencies in the State comply with section 617(c) (relating to the confidentiality of records and information).
(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS- Children participating in early-intervention programs assisted under part C, and who will participate in preschool programs assisted under this part, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(8). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
By the third birthday of such a child, an individualized education program or, if consistent with sections 614(d)(2)(B) and 636(d), an individualized family service plan, has been developed and is being implemented for the child.
The local educational agency will participate in transition planning conferences arranged by the designated lead agency under section 637(a)(8). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(10) CHILDREN IN PRIVATE SCHOOLS- (A) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR PARENTS- (i) IN GENERAL- To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary and secondary schools, provision is made for the participation of those children in the program assisted or carried out under this part by providing for such children special education and related services in accordance with the following requirements, unless the Secretary has arranged for services to those children under subsection (f): (I) Amounts expended for the provision of those services by a local educational agency shall be equal to a proportionate amount of Federal funds made available under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(II) Such services may be provided to children with disabilities on the premises of private, including parochial, schools, to the extent consistent with law.
(ii) CHILD-FIND REQUIREMENT- The requirements of paragraph (3) of this subsection (relating to child find) shall apply with respect to children with disabilities in the State who are enrolled in private, including parochial, elementary and secondary schools. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) CHILDREN PLACED IN, OR REFERRED TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES- (i) IN GENERAL- Children with disabilities in private schools and facilities are provided special education and related services, in accordance with an individualized education program, at no cost to their parents, if such children are placed in, or referred to, such schools or facilities by the State or appropriate local educational agency as the means of carrying out the requirements of this part or any other applicable law requiring the provision of special education and related services to all children with disabilities within such State. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 32 (ii) STANDARDS- In all cases described in clause (i), the State educational agency shall determine whether such schools and facilities meet standards that apply to State and local educational agencies and that children so served have all the rights they would have if served by such agencies. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) PAYMENT FOR EDUCATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS WITHOUT CONSENT OF OR REFERRAL BY THE PUBLIC AGENCY- (i) IN GENERAL- Subject to subparagraph (A), this part does not require a local educational agency to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made a free appropriate public education available to the child and the parents elected to place the child in such private school or facility. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) REIMBURSEMENT FOR PRIVATE SCHOOL PLACEMENT- If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private elementary or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(iii) LIMITATION ON REIMBURSEMENT- The cost of reimbursement described in clause (ii) may be reduced or denied -- (I) if -- (aa) at the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or (bb) 10 business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in division (aa); (II) if, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in section 615(b)(7), of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or (III) upon a judicial finding of unreasonableness with respect to actions taken by the parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 33 (iv) EXCEPTION- Notwithstanding the notice requirement in clause (iii)(I), the cost of reimbursement may not be reduced or denied for failure to provide such notice if -- (I) the parent is illiterate and cannot write in English; (II) compliance with clause (iii)(I) would likely result in physical or serious emotional harm to the child; (III) the school prevented the parent from providing such notice; or (IV) the parents had not received notice, pursuant to section 615, of the notice requirement in clause (iii)(I). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(11) STATE EDUCATIONAL AGENCY RESPONSIBLE FOR GENERAL SUPERVISION- (A) IN GENERAL- The State educational agency is responsible for ensuring that -- (i) the requirements of this part are met; and (ii) all educational programs for children with disabilities in the State, including all such programs administered by any other State or local agency -- (I) are under the general supervision of individuals in the State who are responsible for educational programs for children with disabilities; and (II) meet the educational standards of the State educational agency. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) LIMITATION- Subparagraph (A) shall not limit the responsibility of agencies in the State other than the State educational agency to provide, or pay for some or all of the costs of, a free appropriate public education for any child with a disability in the State. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) EXCEPTION- Notwithstanding subparagraphs (A) and (B), the Governor (or another individual pursuant to State law), consistent with State law, may assign to any public agency in the State the responsibility of ensuring that the requirements of this part are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES- (A) ESTABLISHING RESPONSIBILITY FOR SERVICES- The Chief Executive Officer or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency described in subparagraph (B) and the State educational agency, in order to ensure that all services described in subparagraph (B)(i) that are needed to ensure a free appropriate public education are provided, including the provision of such services during the pendency of any dispute under clause (iii). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
Such agreement or mechanism shall include the following: INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 34 (i) AGENCY FINANCIAL RESPONSIBILITY- An identification of, or a method for defining, the financial responsibility of each agency for providing services described in subparagraph (B)(i) to ensure a free appropriate public education to children with disabilities, provided that the financial responsibility of each public agency described in subparagraph (B), including the State Medicaid agency and other public insurers of children with disabilities, shall precede the financial responsibility of the local educational agency (or the State agency responsible for developing the child's IEP). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) CONDITIONS AND TERMS OF REIMBURSEMENT- The conditions, terms, and procedures under which a local educational agency shall be reimbursed by other agencies.
(iii) INTERAGENCY DISPUTES- Procedures for resolving interagency disputes (including procedures under which local educational agencies may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(iv) COORDINATION OF SERVICES PROCEDURES- Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in subparagraph (B)(i). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) OBLIGATION OF PUBLIC AGENCY- (i) IN GENERAL- If any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy or pursuant to subparagraph (A), to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in sections 602(1) relating to assistive technology devices, 602(2) relating to assistive technology services, 602(22) relating to related services, 602(29) relating to supplementary aids and services, and 602(30) relating to transition services) that are necessary for ensuring a free appropriate public education to children with disabilities within the State, such public agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangement. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) REIMBURSEMENT FOR SERVICES BY PUBLIC AGENCY- If a public agency other than an educational agency fails to provide or pay for the special education and related services described in clause (i), the local educational agency (or State agency responsible for developing the child's IEP) shall provide or pay for such services to the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
Such local educational agency or State agency may then claim reimbursement for the services from the public agency that failed to provide or pay for such services and such public agency shall reimburse the local educational agency or State agency pursuant to the terms of the interagency agreement or other mechanism described in subparagraph (A)(i) according to the procedures established in such agreement pursuant to subparagraph (A)(ii). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) SPECIAL RULE- The requirements of subparagraph (A) may be met through -- (i) state statute or regulation; INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 35 (ii) signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or (iii) other appropriate written methods as determined by the Chief Executive Officer of the State or designee of the officer. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(13) PROCEDURAL REQUIREMENTS RELATING TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY- The State educational agency will not make a final determination that a local educational agency is not eligible for assistance under this part without first affording that agency reasonable notice and an opportunity for a hearing. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(14) COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT- The State has in effect, consistent with the purposes of this Act and with section 635(a)(8), a comprehensive system of personnel development that is designed to ensure an adequate supply of qualified special education, regular education, and related services personnel that meets the requirements for a State improvement plan relating to personnel development in subsections (b)(2)(B) and (c)(3)(D) of section 653. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(15) PERSONNEL STANDARDS- (A) IN GENERAL- The State educational agency has established and maintains standards to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) STANDARDS DESCRIBED- Such standards shall -- (i) be consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; (ii) to the extent the standards described in subparagraph (A) are not based on the highest requirements in the State applicable to a specific profession or discipline, the State is taking steps to require retraining or hiring of personnel that meet appropriate professional requirements in the State; and (iii) allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with State law, regulations, or written policy, in meeting the requirements of this part to be used to assist in the provision of special education and related services to children with disabilities under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) POLICY- In implementing this paragraph, a State may adopt a policy that includes a requirement that local educational agencies in the State make an ongoing good-faith effort to recruit and hire appropriately and adequately trained personnel to provide special education and related services to children with disabilities, including, in a geographic area of the State where there is a shortage of such personnel, the most qualified individuals available who are making satisfactory progress toward completing applicable course work necessary to meet the standards described in subparagraph (B)(i), consistent with State law, and the steps described in subparagraph (B)(ii) within three years. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 36 (16) PERFORMANCE GOALS AND INDICATORS- The State -- (A) has established goals for the performance of children with disabilities in the State that -- (i) will promote the purposes of this Act, as stated in section 601(d); and (ii) are consistent, to the maximum extent appropriate, with other goals and standards for children established by the State; (B) has established performance indicators the State will use to assess progress toward achieving those goals that, at a minimum, address the performance of children with disabilities on assessments, drop-out rates, and graduation rates; (C) will, every two years, report to the Secretary and the public on the progress of the State, and of children with disabilities in the State, toward meeting the goals established under subparagraph (A); and (D) based on its assessment of that progress, will revise its State improvement plan under subpart 1 of part D as may be needed to improve its performance, if the State receives assistance under that subpart. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(17) PARTICIPATION IN ASSESSMENTS- (A) IN GENERAL- Children with disabilities are included in general State and district-wide assessment programs, with appropriate accommodations, where necessary. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
As appropriate, the State or local educational agency -- (i) develops guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in State and district-wide assessment programs; and (ii) develops and, beginning not later than July 1, 2000, conducts those alternate assessments. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) REPORTS- The State educational agency makes available to the public, and reports to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following: (i) The number of children with disabilities participating in regular assessments.
(ii) The number of those children participating in alternate assessments. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(iii) (I) The performance of those children on regular assessments (beginning not later than July 1, 1998) and on alternate assessments (not later than July 1, 2000), if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 37 (II) Data relating to the performance of children described under subclause (I) shall be disaggregated -- (aa) for assessments conducted after July 1, 1998; and (bb) for assessments conducted before July 1, 1998, if the State is required to disaggregate such data prior to July 1, 1998. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(18) SUPPLEMENTATION OF STATE, LOCAL, AND OTHER FEDERAL FUNDS- (A) EXPENDITURES- Funds paid to a State under this part will be expended in accordance with all the provisions of this part.
(B) PROHIBITION AGAINST COMMINGLING- Funds paid to a State under this part will not be commingled with State funds. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) PROHIBITION AGAINST SUPPLANTATION AND CONDITIONS FOR WAIVER BY SECRETARY- Except as provided in section 613, funds paid to a State under this part will be used to supplement the level of Federal, State, and local funds (including funds that are not under the direct control of State or local educational agencies) expended for special education and related services provided to children with disabilities under this part and in no case to supplant such Federal, State, and local funds, except that, where the State provides clear and convincing evidence that all children with disabilities have available to them a free appropriate public education, the Secretary may waive, in whole or in part, the requirements of this subparagraph if the Secretary concurs with the evidence provided by the State. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(19) MAINTENANCE OF STATE FINANCIAL SUPPORT- (A) IN GENERAL- The State does not reduce the amount of State financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN SUPPORT- The Secretary shall reduce the allocation of funds under section 611 for any fiscal year following the fiscal year in which the State fails to comply with the requirement of subparagraph (A) by the same amount by which the State fails to meet the requirement. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) WAIVERS FOR EXCEPTIONAL OR UNCONTROLLABLE CIRCUMSTANCES- The Secretary may waive the requirement of subparagraph (A) for a State, for one fiscal year at a time, if the Secretary determines that -- (i) granting a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State; or INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 38 (ii) the State meets the standard in paragraph (18)(C) of this section for a waiver of the requirement to supplement, and not to supplant, funds received under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(D) SUBSEQUENT YEARS- If, for any year, a State fails to meet the requirement of subparagraph (A), including any year for which the State is granted a waiver under subparagraph (C), the financial support required of the State in future years under subparagraph (A) shall be the amount that would have been required in the absence of that failure and not the reduced level of the State's support. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(E) REGULATIONS- (i) The Secretary shall, by regulation, establish procedures (including objective criteria and consideration of the results of compliance reviews of the State conducted by the Secretary) for determining whether to grant a waiver under subparagraph (C)(ii). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) The Secretary shall publish proposed regulations under clause (i) not later than 6 months after the date of the enactment of the Individuals with Disabilities Education Act Amendments of 1997, and shall issue final regulations under clause (i) not later than 1 year after such date of enactment. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(20) PUBLIC PARTICIPATION- Prior to the adoption of any policies and procedures needed to comply with this section (including any amendments to such policies and procedures), the State ensures that there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(21) STATE ADVISORY PANEL- (A) IN GENERAL- The State has established and maintains an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) MEMBERSHIP- Such advisory panel shall consist of members appointed by the Governor, or any other official authorized under State law to make such appointments, that is representative of the State population and that is composed of individuals involved in, or concerned with, the education of children with disabilities, including -- (i) parents of children with disabilities; (ii) individuals with disabilities; (iii) teachers; (iv) representatives of institutions of higher education that prepare special education and related services personnel; (v) State and local education officials; INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 39 (vi) administrators of programs for children with disabilities; (vii) representatives of other State agencies involved in the financing or delivery of related services to children with disabilities; (viii) representatives of private schools and public charter schools; (ix) at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; and (x) representatives from the State juvenile and adult corrections agencies. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) SPECIAL RULE- A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(D) DUTIES- The advisory panel shall -- (i) advise the State educational agency of unmet needs within the State in the education of children with disabilities; (ii) comment publicly on any rules or regulations proposed by the State regarding the education of children with disabilities; (iii) advise the State educational agency in developing evaluations and reporting on data to the Secretary under section 618; (iv) advise the State educational agency in developing corrective action plans to address findings identified in Federal monitoring reports under this part; and (v) advise the State educational agency in developing and implementing policies relating to the coordination of services for children with disabilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(22) SUSPENSION AND EXPULSION RATES- (A) IN GENERAL- The State educational agency examines data to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities -- (i) among local educational agencies in the State; or (ii) compared to such rates for nondisabled children within such agencies. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) REVIEW AND REVISION OF POLICIES- If such discrepancies are occurring, the State educational agency reviews and, if appropriate, revises (or requires the affected State or local educational agency to revise) its policies, procedures, and practices relating to the development and INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 40 implementation of IEPs, the use of behavioral interventions, and procedural safeguards, to ensure that such policies, procedures, and practices comply with this Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT SERVICES- If the State educational agency provides free appropriate public education to children with disabilities, or provides direct services to such children, such agency -- (1) shall comply with any additional requirements of section 613(a), as if such agency were a local educational agency; and (2) may use amounts that are otherwise available to such agency under this part to serve those children without regard to section 613(a)(2)(A)(i) (relating to excess costs). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(c) EXCEPTION FOR PRIOR STATE PLANS- (1) IN GENERAL- If a State has on file with the Secretary policies and procedures that demonstrate that such State meets any requirement of subsection (a), including any policies and procedures filed under this part as in effect before the effective date of the Individuals with Disabilities Education Act Amendments of 1997, the Secretary shall consider such State to have met such requirement for purposes of receiving a grant under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) MODIFICATIONS MADE BY STATE- Subject to paragraph (3), an application submitted by a State in accordance with this section shall remain in effect until the State submits to the Secretary such modifications as the State deems necessary.
This section shall apply to a modification to an application to the same extent and in the same manner as this section applies to the original plan. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) MODIFICATIONS REQUIRED BY THE SECRETARY- If, after the effective date of the Individuals with Disabilities Education Act Amendments of 1997, the provisions of this Act are amended (or the regulations developed to carry out this Act are amended), or there is a new interpretation of this Act by a Federal court or a State's highest court, or there is an official finding of noncompliance with Federal law or regulations, the Secretary may require a State to modify its application only to the extent necessary to ensure the State's compliance with this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(d) APPROVAL BY THE SECRETARY- (1) IN GENERAL- If the Secretary determines that a State is eligible to receive a grant under this part, the Secretary shall notify the State of that determination.
(2) NOTICE AND HEARING- The Secretary shall not make a final determination that a State is not eligible to receive a grant under this part until after providing the State -- (A) with reasonable notice; and (B) with an opportunity for a hearing. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 41 (e) ASSISTANCE UNDER OTHER FEDERAL PROGRAMS- Nothing in this title permits a State to reduce medical and other assistance available, or to alter eligibility, under titles V and XIX of the Social Security Act with respect to the provision of a free appropriate public education for children with disabilities in the State. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(f) BY-PASS FOR CHILDREN IN PRIVATE SCHOOLS- (1) IN GENERAL- If, on the date of enactment of the Education of the Handicapped Act Amendments of 1983, a State educational agency is prohibited by law from providing for the participation in special programs of children with disabilities enrolled in private elementary and secondary schools as required by subsection (a)(10)(A), the Secretary shall, notwithstanding such provision of law, arrange for the provision of services to such children through arrangements which shall be subject to the requirements of such subsection. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) PAYMENTS- (A) DETERMINATION OF AMOUNTS- If the Secretary arranges for services pursuant to this subsection, the Secretary, after consultation with the appropriate public and private school officials, shall pay to the provider of such services for a fiscal year an amount per child that does not exceed the amount determined by dividing -- (i) the total amount received by the State under this part for such fiscal year; by (ii) the number of children with disabilities served in the prior year, as reported to the Secretary by the State under section 618. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) WITHHOLDING OF CERTAIN AMOUNTS- Pending final resolution of any investigation or complaint that could result in a determination under this subsection, the Secretary may withhold from the allocation of the affected State educational agency the amount the Secretary estimates would be necessary to pay the cost of services described in subparagraph (A). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) PERIOD OF PAYMENTS- The period under which payments are made under subparagraph (A) shall continue until the Secretary determines that there will no longer be any failure or inability on the part of the State educational agency to meet the requirements of subsection (a)(10)(A). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) NOTICE AND HEARING- (A) IN GENERAL- The Secretary shall not take any final action under this subsection until the State educational agency affected by such action has had an opportunity, for at least 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary or the Secretary's designee to show cause why such action should not be taken. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |