Page:United States Statutes at Large Volume 102 Part 4.djvu/324

 102 STAT. 3294

PUBLIC LAW 100-630—NOV. 7, 1988 "(C) State and local funds will be used in the jurisdiction of the local educational g^ency or intermediate educational unit to provide services in program areas that, taken as a whole, are at least comparable to services being provided in areas of such jurisdiction that are not receiving funds under this part;"; (2) by amending subsection (a)(3) to read as follows: "(3) provide for— "(A) furnishing such information (which, in the case of reports relating to performance, is in accordance with specific performance criteria related to p n ^ r a m objectives), as may be necessary to enable the State educational agency to perform its duties under this part, including information relating to the educational achievement of handicapped children participating in prc^rams ceirried out under this part; and "(B) keeping such records, and affording such access to such records, as the State educational agency may find necessary to assure the correctness and verification of such information furnished under subparagraph (A);"; and (3) in subsection (a)(5)— (A) by striking "establish," and inserting "establish"; and (B) by inserting a comma after "if appropriate". (e) PROCEDURAL SAFEGUARDS.—Section 615 of the Education of the

Records. Public information.

Handicapped Act (20 U.S.C. 1415) is amended— (1) in subsection (b)(DCD), by striking "inform" and inserting "informs"; and (2) in subsection (d), by striking "shall be accorded" and all that follows through the period at the end and inserting the following: "shall be accorded— "(1) the right to be accompanied and advised by counsel and by individusds with special knowledge or training with respect to the problems of handicapped children, "(2) the right to present evidence and confront, cross-examine, and compel the attendance of witnesses. "(3) the right to a written or electronic verbatim record of such hearing, and "(4) the right to written findings of fact and decisions (which findings and decisions shall be made available to the public consistent with the requirements of section 617(c) and shall also be transmitted to the advisory panel established pursuant to section 613(a)(12)).". (0 WITHHOLDING AND JUDICIAL REVIEW.—Section 616 of the Education of the Handicapped Act (20 U.S.C. 1416) is amended— (1) in subsection (a)— (A) by striking "pursuant to the State plan" and all that follows through "If the Secretary withholds" and inserting the following: "pursuant to the State plan, the Secretary— "(A) shall, after notifying the State educational agency, withhold any further payments to the State under this part, and "(B) may, after notifying the State educational agency, withhold further pa3mients to the State under the Federal p n ^ r a m s specified in section 613(a)(2) within the Secretary's jurisdiction, to the extent that funds under such programs are available for the provision of assistance for the education of handicapped children.

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