Page:United States Statutes at Large Volume 111 Part 1.djvu/122

 Ill STAT. 98 PUBLIC LAW 105-17-JUNE 4, 1997 "(9) REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES.— "(A) Nothing in this part shall be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability. "(B) An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime. "(10) DEFINITIONS. —For purposes of this subsection, the f following definitions apply: "(A) CONTROLLED SUBSTANCE.— The term 'controlled substance' means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). "(B) ILLEGAL DRUG.— The term 'illegal drug'— "(i) means a controlled substance; but "(ii) does not include such a substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law. "(C) SUBSTANTIAL EVIDENCE. — The term 'substantial evidence' means beyond a preponderance of the evidence. "(D) WEAPON. — The term 'weapon' has the meaning given the term 'dangerous weapon' under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code. "(1) RULE OF CONSTRUCTION. —Nothing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under such laws seeking relief that is also available under this part, the procedures under subsections (f) and (g) shall be exhausted to the same extent as would be required had the action been brought under this part, " (m) TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY.— "(1) IN GENERAL. —^A State that receives amounts from a grant under this part may provide that, when a child with a disability reaches the age of majority under State law (except for a child with a disability who has been determined to be incompetent under State law)— "(A) the public agency shall provide any notice required by this section to both the individual and the parents; "(B) all other rights accorded to parents under this part transfer to the child; "(C) the agency shall notify the individual and the parents of the transfer of rights; and "(D) all rights accorded to parents under this part transfer to children who are incarcerated in an adult or juvenile Federal, State, or local correctional institution.

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