Page:United States Statutes at Large Volume 102 Part 4.djvu/322

 102 STAT. 3292

Public information.

PUBLIC LAW 100-630—NOV. 7, 1988 (4) by amending subsection (a)(4)(B) to read as follows: "(B) that— "(i) handicapped children in private schools and facilities will be provided special education and related services (in conformance with an individualized education program as required by this part) at no cost to their parents or guardian, 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 handicapped children within such State; and "(ii) in all such instances, 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;"; (5) by amending subsection (a)(7) to read as follows: "(7) provide for— "(A) making such reports in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this part, and "(B) keeping such records and affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports and proper disbursement of Federal funds under this part;"; (6) in subsection (a)(9), by striking "under this part" the first place it appears and all that follows through the semicolon at the end and inserting the following: "under this part— "(A) will not be commingled with State funds, and "(B) will be so used as to supplement and increase 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 handicapped children 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 handicapped children have available to them a free appropriate public education, the Secretary may waive in part the requirement of this subparagraph if the Secretary concurs with the evidence provided by the State;"; (7) in subsection (a)(12), by striking "administrators of programs" and all that follows through the semicolon at the end and inserting the following: "administrators of programs for handicapped children, which— "(A) advises the State educational agency of unmet needs within the State in the education of handicapped children, "(B) comments publicly on any rules or regulations proposed for issuance by the State regarding the education of handicapped children and the procedures for distribution of funds under this part, and "(C) assists the State in developing and reporting such data and evaluations as may assist the Secretary in the performance of the responsibilities of the Secretary under section 618;";

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