Page:United States Statutes at Large Volume 111 Part 1.djvu/84

 Ill STAT. 60 PUBLIC LAW 105-17-^lJNE 4, 1997 be selected by the Secretary of the Interior. The advisory board shall— "(A) assist in the coordination of services within the BIA and with other local, State, and Federal agencies in the provision of education for infants, toddlers, and children with disabilities; "(B) advise and assist the Secretary of the Interior in the performance of the Secretary's responsibilities described in this subsection; "(C) develop and recommend policies concerning effective inter- and intra-agency collaboration, including modifications to regulations, and the elimination of barriers to inter- and intra-agency programs and activities; "(D) provide assistance and disseminate information on best practices, effective program coordination strategies, and recommendations for improved educational programming for Indian infants, toddlers, and children with disabilities; and "(E) provide assistance in the preparation of information required under paragraph (2)(D). "(6) ANNUAL REPORTS.— "(A) IN GENERAL. —The advisory board established under paragraph (5) shall prepare and submit to the Secretary of the Interior and to the Congress an annual report containing a description of the activities of the advisory board for the preceding year. "(B) AVAILABILITY.— The Secretary of the Interior shall make available to the Secretary of Education the report described in subparagraph (A). "(j) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated such sums as may be necessary. 20 USC 1412. " SEC. 612. STATE ELIGIBILITY. "(a) IN GENERAL.— ^A State is eligible for assistance under this part for a fiscal year if the State demonstrates to the satisfaction of the Secretary that the State has in effect policies and procedures to ensure that it meets each of the following conditions: "(1) FREE APPROPRIATE PUBLIC EDUCATION. — "(A) IN GENERAL.—^A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school. "(B) LIMITATION.— The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children: "(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and "(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this part be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility:

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