Page:United States Statutes at Large Volume 111 Part 1.djvu/94

 Ill STAT. 70 PUBLIC LAW 105-17-JUNE 4, 1997 "(ix) at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; and "(x) representatives from the State juvenile and adult corrections agencies. "(C) SPECIAL RULE.—^A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities. "(D) DUTIES.— The advisory panel shall— "(i) advise the State educational agency of unmet needs within the State in the education of children with disabilities; "(ii) comment publicly on any rules or regulations proposed by the State regarding the education of children with disabilities; "(iii) advise the State educational agency in developing evaluations and reporting on data to the Secretary under section 618; "(iv) advise the State educational agency in developing corrective action plans to address findings identified in Federal monitoring reports under this part; and "(v) advise the State educational agency in developing and implementing policies relating to the coordination of services for children with disabilities. "(22) SUSPENSION AND EXPULSION RATES.— "(A) IN GENERAL. —The State educational agency examines data to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities— "(i) among local educational agencies in the State; or "(ii) compared to such rates for nondisabled children within such agencies. "(B) REVIEW AND REVISION OF POLICIES. —If such discrepancies are occurring, the State educational agency reviews and, if appropriate, revises (or requires the affected State or local educational agency to revise) its policies, procedures, and practices relating to the development and implementation of lEPs, the use of behavioral interventions, and procedural safeguards, to ensure that such policies, procedures, and practices comply with this Act. "(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT SERVICES.—I f the State educational agency provides free appropriate public education to children with disabilities, or provides direct services to such children, such agency— "(1) shall comply with any additional requirements of section 613(a), as if such agency were a local educational agency; and "(2) may use amounts that are otherwise available to such agency under this part to serve those children without regard to section 613(a)(2)(A)(i) (relating to excess costs). "(c) EXCEPTION FOR PRIOR STATE PLANS.— "(1) IN GENERAL.— If a State has on file with the Secretary policies and procedures that demonstrate that such State meets

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