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

 PUBLIC LAW 105-17^JUNE 4, 1997 111 STAT. 87 of the child, including the determination of appropriate positive behavioral interventions and strategies and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with paragraph (l)(A)(iii). " (4) REVIEW AND REVISION OF IEP. — "(A) IN GENERAL.— The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team— "(i) reviews the child's IEP periodically, but not less than annually to determine whether the annual goals for the child are being achieved; and "(ii) revises the IEP as appropriate to address— "(I) any lack of expected progress toward the annual goals and in the general curriculum, where appropriate; "(II) the results of any reevaluation conducted under this section; "(III) information about the child provided to, or by, the parents, as described in subsection (c)(1)(B); "(IV) the child's anticipated needs; or "(V) other matters. " (B) REQUIREMENT WITH RESPECT TO REGULAR EDU- CATION TEACHER. — The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the review and revision of the IEP of the child. " (5) FAILURE TO MEET TRANSITION OBJECTIVES.— If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (l)(A)(vii), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program. " (6) CHILDREN WITH DISABILITIES IN ADULT PRISONS. — "(A) IN GENERAL. —The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons: "(i) The requirements contained in section 612(a)(17) and paragraph (l)(A)(v) of this subsection (relating to participation of children with disabilities in general assessments). "(ii) The requirements of subclauses (I) and (II) of paragraph (l)(A)(vii) of this subsection (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this part will end, because of their age, before they will be released from prison. "(B) ADDITIONAL REQUIREMENT. —I f a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

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