Page:United States Statutes at Large Volume 102 Part 1.djvu/221

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 183

"(1) all handicapped children in the State (other than handicapped infants and toddlers) participating in programs and projects funded under this subpart receive a free appropriate public education and such children and such children's parents are provided all the rights and procedural safeguards under part B of the Education of the Handicapped Act and this subpart and that all handicapped infants and toddlers in the State participating under this subpart receive early intervention services and such infants and toddlers and their families are provided the rights and procedural safeguards under part H of such Act; "(2) services, programs, and projects conducted under this subpart are of sufficient size, scope, and quality to give reasonable promise toward meeting the special educational and early intervention needs of children to be served; "(3) funds made available under the subpart will supplement, not supplant State and local funds in accordance with section 1018(b); "(4) the agency will maintain its fiscal effort in accordance with section 1018(a); "(5) the agency will conduct such evaluations and assessments as may be necessary to demonstrate that the programs and projects are beneficial to the children served; "(6) the parents of children to be served with funds under this subpart are provided an opportunity to participate in the development of its project application; and "(7) the agency will comply with all reporting requirements in a timely manner. "(d) LETTER OF REQUEST.—The State educational agency may accept, in lieu of a project application, a letter of request for payment from a local educational agency, if the local agency intends to serve fewer than 5 children with its payment. In such a letter the agency shall include an assurance that the payment will be used to supplement the provision of special education and related services. "SEC. 1225. ELIGIBLE CHILDREN.

"The children eligible for services under this subpart are— "(1) those handicapped children from birth to 21, inclusive, who— "(A) the State is directly responsible for providing special education or early intervention services to (including schools or programs providing special education and related services for handicapped children under contract or other arrangement with such agency), and "(B)(i) are participating in a State-operated or Statesupported school or program for handicapped children (including schools and programs operated under contract or other arrangement with a State agency), or "(ii) previously participated in such a program and are receiving special education or early intervention services from local educational agencies; and "(2) other handicapped children, if children described in paragraph (1) have been fully served.

20 USC 2795.

�