Page:United States Statutes at Large Volume 100 Part 2.djvu/71

 PUBLIC LAW 99-457—OCT. 8, 1986

100 STAT. 1173

SEC. 403. ALLOCATION; STATE ADMINISTRATION.

(a) ALLOCATION.—Section 611(a)(5)(A) of the Act (20 U.S.C. 1411(a)(5)(A)) is amended to read as follows: "(5)(A) In determining the allotment of each State under paragraph (1), the Secretary may not count— "(i) handicapped children aged three to seventeen, inclusive, in such State under paragraph (I)(A) to the extent the number of such children is greater than 12 percent of the number of all children aged three to seventeen, inclusive, in such State and the State serves all handicapped children aged three to five, inclusive, in the State pursuant to State law or practice or the order of any court, "(ii) handicapped children aged five to seventeen, inclusive, in such State under paragraph (I)(A) to the extent the number of such children is greater than 12 percent of the number of all children aged five to seventeen, inclusive, in such State and the State does not serve all handicapped children aged three to five, inclusive, in the State pursuant to State law or practice on the order of any court; and "(iii) handicapped children who are counted under section 121 of the Elementary and Secondary Education Act of 1965.". 20 USC 2731. (b) STATE ADMINISTRATION.—Section 611(c)(2)(A)(ii) of the Act (20

U.S.C. 1411(c)(2)(A)(ii)) is amended to read as follows: "(ii) the part remaining after use in accordance with clause (i) shall be used by the State (I) to provide support services and direct services in accordance with the priorities established under section 612(3), and (II) for the administrative costs of 20 USC 1412. monitoring and complaint investigation but only to the extent that such costs exceed the costs of administration incurred during fiscal year 1985.". SEC. 404. INDIANS.

Subsection (f) of section 611 of such Act (20 U.S.C. 1411) is amended to read as follows: "(fKD The Secretary shall make payments to the Secretary of the Interior according to the need for assistance for the education of handicapped children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. The amount of such payment for any fiscal year shall be 1.25 percent of the aggregate amounts available to all States under this section for that fiscal year. "(2) The Secretary of the Interior may receive an allotment under paragraph (1) only after submitting to the Secretary an application which— "(A) meets the applicable requirements of sections 612, 613, and 614(a), "(B) includes satisfactory assurance that all handicapped children aged 3 to 5, inclusive receive a free appropriate public education by or before the 1987-1988 school year, "(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 designated local school boards before adoption of the policies, programs, and procedures required under sections 612, 613, and 614(a), and "(D) is approved by the Secretary. Section 616 shall apply to any such application.".

20 USC 1412; post, p. 1174. ^^ ^se 1414.

20 USC 1416.

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