Page:United States Statutes at Large Volume 111 Part 1.djvu/92

 Ill STAT. 68 PUBLIC LAW 105-17—JUNE 4, 1997 "(iii)(I) The performance of those children on regular assessments (beginning not later than July 1, 1998) and on alternate assessments (not later than July 1, 2000), if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children. "(11) Data relating to the performance of children described under subclause (I) shall be disaggregated— "(aa) for assessments conducted after July 1, 1998; and "(bb) for assessments conducted before July 1, 1998, if the State is required to disaggregate such data prior to July 1, 1998. " (18) SUPPLEMENTATION OF STATE, LOCAL, AND OTHER FEDERAL FUNDS.— "(A) EXPENDITURES.— Funds paid to a State under this part will be expended in accordance with all the provisions of this part. "(B) PROHIBITION AGAINST COMMINGLING.— Funds paid to a State under this part will not be commingled with State funds. " (C) PROHIBITION AGAINST SUPPLANTATION AND CONDI- TIONS FOR WAIVER BY SECRETARY.—Except as provided in section 613, funds paid to a State under this part will be used to supplement the level of Federal, State, and local funds (including funds that are not under the direct control of State or local educational agencies) expended for special education and related services provided to children with disabilities under this part and in no case to supplant such Federal, State, and local funds, except that, where the State provides clear and convincing evidence that all children with disabilities have available to them a free appropriate public education, the Secretary may waive, in whole or in part, the requirements of this subparagraph if the Secretary concurs with the evidence provided by the State. " (19) MAINTENANCE OF STATE FINANCIAL SUPPORT. — "(A) IN GENERAL.—The State does not reduce the amount of State financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year. "(B) REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN SUPPORT. — The Secretary shall reduce the allocation of funds under section 611 for any fiscal year following the fiscal year in which the State fails to comply with the requirement of subparagraph (A) by the same amount by which the State fails to meet the requirement. " (C) WAIVERS FOR EXCEPTIONAL OR UNCONTROLLABLE CIRCUMSTANCES. —The Secretary may waive the requirement of subparagraph (A) for a State, for one fiscal year at a time, if the Secretary determines that— "(i) granting a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State; or

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