Page:United States Statutes at Large Volume 111 Part 1.djvu/104

 Ill STAT. 80 PUBLIC LAW 105-17-JUNE 4, 1997 paragraph (6)(B), such agency may approve a school-based improvement plan of such school for an additional 3-year period. "(h) DIRECT SERVICES BY THE STATE EDUCATIONAL AGENCY. — "(1) IN GENERAL. —^A State educational agency shall use the payments that would otherwise have been available to a local educational agency or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that local agency, or for whom that State agency is responsible, if the State educational agency determines that the local education agency or State agency, as the case may be— "(A) has not provided the information needed to establish the eligibility of such agency under this section; "(B) is unable to establish and maintain programs of free appropriate public education that meet the requirements of subsection (a); "(C) is unable or unwilling to be consolidated with one or more local educational agencies in order to establish and maintain such programs; or "(D) has one or more children with disabilities who can best be served by a regional or State program or service-delivery system designed to meet the needs of such children. " (2) MANNER AND LOCATION OF EDUCATION AND SERVICES.— The State educational agency may provide special education and related services under paragraph (1) in such manner and at such locations (including regional or State centers) as the State agency considers appropriate. Such education and services shall be provided in accordance with this part. "(i) STATE AGENCY ELIGIBILITY. — Atiy State agency that desires to receive a subgrant for any fiscal year under section 611(g) shall demonstrate to the satisfaction of the State educational agency that— "(1) all children with disabilities who are participating in programs and projects funded under this part receive a free appropriate public education, and that those children and their parents are provided all the rights and procedural safeguards described in this part; and "(2) the agency meets such other conditions of this section as the Secretary determines to be appropriate. "(j) DISCIPLINARY INFORMATION. — The State may require that a local educational agency include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit such statement to the same extent that such disciplinary information is included in, and transmitted with, the student records of nondisabled children. The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child. If the State adopts such a policy, and the child transfers from one school to another, the transmission of any of the child's records must include both the child's current individualized education program and any such statement of current or previous disciplinary action that has been taken against the child.

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