Page:United States Statutes at Large Volume 111 Part 1.djvu/140

 Ill STAT. 116 PUBLIC LAW 105-17^JUNE 4, 1997 "(8) The right of parents to use mediation in accordance with section 615(e), except that— "(A) any reference in the section to a State educational agency shall be considered to be a reference to a State's lead agency established or designated under section 635(a)(10); "(B) any reference in the section to a local educational agency shall be considered to be a reference to a local service provider or the State's lead agency under this part, as the case may be; and "(C) any reference in the section to the provision of free appropriate public education to children with disabilities shall be considered to be a reference to the provision of appropriate early intervention services to infants and toddlers with disabilities. "(b) SERVICES DURING PENDENCY OF PROCEEDINGS. —During the pendency of any proceeding or action involving a complaint by the parents of an infant or toddler with a disability, unless the State agency and the parents otherwise agree, the infant or toddler shall continue to receive the appropriate early intervention services currently being provided or, if applying for initial services, shall receive the services not in dispute. 20 USC 1440. "SEC. 640. PAYOR OF LAST RESORT. "(a) NONSUBSTITUTION.— Funds provided under section 643 may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of this part, except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by an infant, toddler, or family in a timely fashion, funds provided under section 643 may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment. "(b) REDUCTION OF OTHER BENEFITS. —Nothing in this part shall be construed to permit the State to reduce medical or other assistance available or to alter eligibility under title V of the Social Security Act (relating to maternal and child health) or title XIX of the Social Security Act (relating to Medicaid for infants or toddlers with disabilities) within the State. 20 USC 1441. "SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL. "(a) ESTABLISHMENT.— "(1) IN GENERAL.—^A State that desires to receive financial assistance under this part shall establish a State interagency coordinating council. "(2) APPOINTMENT. —The council shall be appointed by the Governor. In making appointments to the council, the Governor shall ensure that the membership of the council reasonably represents the population of the State. "(3) CHAIRPERSON.— The Governor shall designate a member of the council to serve as the chairperson of the council, or shall require the council to so designate such a member. Any member of the council who is a representative of the lead agency designated under section 635(a)(10) may not serve as the chairperson of the council. "(b) COMPOSITION.— "(1) IN GENERAL. —The council shall be composed as follows:

�