Page:United States Statutes at Large Volume 111 Part 1.djvu/93

 PUBLIC LAW 105-17-JUNE 4, 1997 111 STAT. 69 "(ii) the State meets the standard in paragraph (18)(C) of this section for a waiver of the requirement to supplement, and not to supplant, funds received under this part. "(D) SUBSEQUENT YEARS. —If, for any year, a State fails to meet the requirement of subparagraph (A), including any year for which the State is granted a waiver under subparagraph (C), the financial support required of the State in future years under subparagraph (A) shall be the amount that would have been required in the absence of that failure and not the reduced level of the State's support. " (E) REGULATIONS. —. "(i) The Secretary shall, by regulation, establish procedures (including objective criteria and consideration of the results of compliance reviews of the State conducted by the Secretary) for determining whether to grant a waiver under subparagraph (C)(ii). " (ii) The Secretary shall publish proposed regulations under clause (i) not later than 6 months after the date of the enactment of the Individuals with Disabilities Education Act Amendments of 1997, and shall issue final regulations under clause (i) not later than 1 year after such date of enactment. "(20) PUBLIC PARTICIPATION.—Prior to the adoption of any policies and procedures needed to comply with this section (including any amendments to such policies and procedures), the State ensures that there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities. "(21) STATE ADVISORY PANEL.— "(A) IN GENERAL. —The State has established and maintains an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State. "(B) MEMBERSHIP. — Such advisory panel shall consist of members appointed by the Governor, or any other official authorized under State law to make such appointments, that is representative of the State population and that is composed of individuals involved in, or concerned with, the education of children with disabilities, including— "(i) parents of children with disabilities; "(ii) individuals with disabilities; "(iii) teachers; "(iv) representatives of institutions of higher education that prepare special education and related services personnel; "(v) State and local education officials; "(vi) administrators of programs for children with disabilities; "(vii) representatives of other State agencies involved in the financing or delivery of related services to children with disabilities; "(viii) representatives of private schools and public charter schools;

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