Page:United States Statutes at Large Volume 111 Part 1.djvu/100

 Ill STAT. 76 PUBLIC LAW 105-17-JUNE 4, 1997 a local educational agency or State agency that has been determined to be eligible under this section is failing to comply with any requirement described in subsection (a), the State educational agency shall reduce or shall not provide any further payments to the local educational agency or State agency until the State educational agency is satisfied that the local educational agency or State agency, as the case may be, is complying with that requirement. "(2) ADDITIONAL REQUIREMENT. —Any State agency or local educational agency in receipt of a notice described in paragraph (1) shall, by means of public notice, take such measures as may be necessary to bring the pendency of an action pursuant to this subsection to the attention of the public within the jurisdiction of such agency. "(3) CONSIDERATION. —In carrying out its responsibilities under paragraph (1), the State educational agency shall consider any decision made in a hearing held under section 615 that is adverse to the local educational agency or State agency involved in that decision. "(e) JOINT ESTABLISHMENT OF ELIGIBILITY.— " (1) JOINT ESTABLISHMENT. — "(A) IN GENERAL.—^A State educational agency may require a local educational agency to establish its eligibility jointly with another local educational agency if the State educational agency determines that the local educational agency would be ineligible under this section because the local educational agency would not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities. "(B) CHARTER SCHOOL EXCEPTION.—^A State educational agency may not require a charter school that is a local educational agency to jointly establish its eligibility under subparagraph (A) unless it is explicitly permitted to do so under the State's charter school statute. "(2) AMOUNT OF PAYMENTS. — If a State educational agency requires the joint establishment of eligibility under paragraph (1), the total amount of funds made available to the affected local educational agencies shall be equal to the sum of the payments that each such local educational agency would have received under section 611(g) if such agencies were eligible for such payments. "(3) REQUIREMENTS. —Local educational agencies that establish joint eligibility under this subsection shall— "(A) adopt policies and procedures that are consistent with the State's policies and procedures under section 612(a); and "(B) be jointly responsible for implementing programs that receive assistance under this part. " (4) REQUIREMENTS FOR EDUCATIONAL SERVICE AGENCIES.— "(A) IN GENERAL. — If an educational service agency is required by State law to carry out programs under this part, the joint responsibilities given to local educational agencies under this subsection shall— "(i) not apply to the administration and disbursement of any payments received by that educational service agency; and

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